Procedures for providing land data in Vietnam

Procedures for providing land data in Vietnam (Internet image) 

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

1. Procedures for providing land data in Vietnam

According to Article 12 of Circular 34/2014/TT-BTNMT, the procedures for providing land data are as follows:

- The enquiry form may be submitted to the receiving authority:

+ in person;

+ by post or fax; or

+ by email or through the land website.

- The receiving authority shall receive and process the enquiry form and notify the applicant of fulfillment of financial obligations (if any). If the enquiry form is rejected, the receiving authority shall provide the applicant with a written explanation.

- After fulfilling financial obligations, the applicant shall be provided with land data by the receiving authority.

- Time limit for providing land data:

+ Land data shall be provided within a day if the enquiry form is received before 3 p.m. or on the following day if the enquiry form is received after 3 p.m.;

+ If the request for providing land data is made in the form of collecting information, the time limit therefor shall be determined according to an agreement concluded by and between the receiving authority and the applicant.

2. Cases where enquiry forms are rejected in Vietnam

Pursuant to Article 13 of Circular 34/2014/TT-BTNMT, cases where enquiry forms are rejected include:

- The enquiry form fails to specify clear information; request for providing land data classified as national secrets violates regulations of law.

- The enquiry form has no signature and seal affixed by the organization's representative if the applicant is an organization; no signature, full name and address specified by the individual if the applicant is an individual.

- Purposes of land data use violate regulations of law.

- The applicant fails to fulfill financial obligations.

3. Authorities providing land data in Vietnam

According to Article 15 of Circular 34/2014/TT-BTNMT, the authorities providing land data are as follows:

- Central authority providing land data shall be the Land Data and Information Center affiliated to the General Department of Land Management (Ministry of Natural Resources and Environment).

- Local authorities providing land data shall be Land Registries of provinces.

For the provinces where land data has not been developed, Land Registries and People’s Committees of communes shall provide land data from cadastral records within their competence.

4. Charges for and costs of providing land data in Vietnam

According to Article 16 of Circular 34/2014/TT-BTNMT, charges for and costs of providing land data are as follows:

- Charges for and costs of providing land data shall consist of:

+ Charges for use of land data;

+ Costs of printing and making copies of documents;

+ Costs of delivering documents (if any).

- The General Department of Land Management shall develop and request the Minister of Natural Resources and Environment to assign competent authorities to quote the amount of charges for use of land data.

- Departments of Natural Resources and Environment of provinces shall develop the amount of charges for use of land data and request People’s Committees of provinces to continue requesting People’s Councils thereof for approval.

5. Regulations on assurance of land data safety in Vietnam 

Pursuant to Article 18 of Circular 34/2014/TT-BTNMT, the assurance of land data safety is as follows:

- Authorities managing the LIS shall take managing, professional and technical measures in order to ensure safety and confidentiality of data, computer safety and network security as follows:

+ Information storage devices such as hard disks, magnetic tapes, magnetic discs and other electronic devices shall be available, stable and effective.

+ Data shall ensure safety in accordance with rules and formats of the database system and avoid the cases that intentionally ruin structures and contents of data;

+ Information shall ensure safety; avoid illegal access and prevent information loss from the LIS by using firewalls and anti-virus software.

- The LIS shall have a backup system to ensure stable and continuous operation in case of natural disasters, fire and other incidents The backup system shall be developed according to regulations of law on information technology.

- Land data shall be backed up to the data storage devices to store weekly, monthly and annually so as to prevent data errors or loss in the course of management and use.

Weekly backups shall be stored for at least 3 months; monthly backups shall be stored for at least 1 year; annual backups shall be stored forever in at least 2 places.

Ho Quoc Tuan

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