Persons taking responsibility before the State for land use in Vietnam

Persons taking responsibility before the State for land use in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Persons taking responsibility before the State for land use in Vietnam

Persons taking responsibility before the State for land use in Vietnam under Article 7 of the Land Law 2013 are as follows:

- The head of an organization, a foreign organization with diplomatic functions, or a foreign- invested enterprise, is responsible for the land use by his/her organization.

- The chairperson of the People’s Committee of a commune, ward or township is responsible for the use of agricultural land for public purposes;

The use of non-agricultural land which is allocated to the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) for the purpose of construction of the People’s Committee offices, public facilities used for culture, education, health, physical training and sports, entertainment, recreation, markets, cemeteries, graveyards and other public facilities in the locality.

- The representative of a community who is the head of a village or street quarter, or the person appointed by a community, is responsible for the use of the allocated or recognized land of the community.

- The head of a religious institution is responsible for the use of land allocated to the religious institution.

- The head of a household is responsible for the land use by the household.

- Individuals and overseas Vietnamese are responsible for the use of their own land.

- The person who shares, or represents a group sharing, land use rights, is responsible for the use of that land.

2. Persons taking responsibility before the State for the management of allocated land in Vietnam

Persons taking responsibility before the State for the management of allocated land under Article 8 of the Land Law 2013 are as follows:

- The head of an organization is responsible for land management in the following cases:

+ Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;

+ Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;

+ Organizations assigned to manage land with water surface of rivers and land with special- use water surface;

+ Organizations assigned to manage the land fund recovered under decisions of competent state agencies.

- The chairperson of a commune-level People’s Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality.

- The chairperson of a People’s Committee of a province or centrally run city is responsible for the management of unused land on uninhabited islands in the locality.

- The representative of a community is responsible for land allocated to the community for management.

3. Prohibited acts on land in Vietnam

Prohibited acts on land under Article 12 of the Land Law 2013 are as follows:

- Encroaching, occupying or destroying land.

- Violating publicized land use master plans and plans.

- Failing to use land, or using land for improper purposes.

- Failing to comply with law when exercising the rights of land users.

- Acquiring agricultural land use rights exceeding the quota set for households and individuals as prescribed by this Law.

- Failing to register with competent state agencies when using land or making transactions of land use rights.

- Failing to perform or fully perform financial obligations toward the State.

- Abusing positions and powers to act against land management regulations.

- Failing to provide land information or providing incorrect land information as prescribed by law.

- Obstructing, or causing difficulties to, the exercise of the rights of land users as prescribed by law.

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