Tasks and powers of the Land Registration Office in Vietnam

Tasks and powers of the Land Registration Office in Vietnam (Internet image)

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

1. Location and functions of the Land Registration Office in Vietnam

The position and functions of the Land Registration Office in Vietnam according to Article 1 of Joint Circular 15/2015/TTLT-BTNMT-BNV-BTC are as follows:

- Land registration office is a public non-business unit under the Department of Natural Resources and Environment, that has the function of registering land, houses, and other land-attached assets; building, managing, updating, and uniformly adjusting cadastral records and land databases; making statistics and inventory of land; and providing land information to organizations and individuals as prescribed by law.

- The land registration office has its own legal status and its own seal; it must be arranged by the State with office and working equipment and open an account in accordance with the provisions of law.

2. Tasks and powers of the Land Registration Office in Vietnam

Tasks and powers of the Land Registration Office in Vietnam according to Article 2 of Joint Circular 15/2015/TTLT-BTNMT-BNV-BTC are as follows:

- Register land assigned to be managed by the State, register land use rights, ownership of houses and other land-attached assets.

- Carry out the first grant, renewal, or re-grant of the Certificate of land use rights and ownership of houses and other land-attached assets (hereinafter referred to as the Certificate).

- Register changes in land allocated by the State for management, land use rights, ownership of houses, and other land-attached assets.

- Make, edit, update, archive, and manage cadastral records; receive and manage the use of Certificate blanks in accordance with the law.

- Update, edit, synchronize, and exploit land data; build and manage the land information system according to the provisions of law.

- Make statistics, inventory of land, and map the current status of land use; correct cadastral maps; extract cadastral maps.

- Check the cadastral measurement of the land plot; inspect and certify diagrams of houses and other land-attached assets provided by organizations or individuals in service of registration and issuance of certificates.

- Register transactions secured by land use rights, ownership of houses, and other land-attached assets in accordance with the law.

- Provide documents, maps, information, and data on land, houses, and other land-attached assets to organizations and individuals as prescribed by law.

- Collect fees and charges as prescribed by law.

- Perform services on the basis of functions and tasks in accordance with capacity as prescribed by law.

- Manage officials, employees, finances, and assets of the Land Registration Office in accordance with the law; implement the reporting regime according to current regulations and the status of task performance in the assigned fields of work.

3. Organizational structure of the Land Registration Office

The organizational structure of the Land Registration Office according to Article 3 of Joint Circular 15/2015/TTLT-BTNMT-BNV-BTC is as follows:

- Leader of the Land Registration Office:

The land registration office has a director and no more than 02 deputy directors. The appointment and dismissal of the director and deputy director of the land registration office shall comply with the provisions of law and the decentralization of the People's Committees of the provinces and centrally-run cities (hereinafter referred to as the People's Committee of the province), in accordance with the title criteria as prescribed.

- Organizational structure:

+ Administration - General Department;

+ Department of Planning and Finance (provincial People's Committees consider establishment decisions for land registration offices with 15 branches or more);

+ Registration and certification office;

+ Office of Information - Archives;

+ Department of Geotechnical Engineering;

+ Branches of land registration office.

Branches of land registration offices in districts, towns, and provincial cities are dependent accounting units; each has its own seal and is arranged by the State with offices and working equipment according to the provisions of law.

The branch has a Director, no more than 02 Deputy directors, and specialized departments. Provincial-level People's Committees decide on the number of branches of land registration offices.

The Director of the Department of Natural Resources and Environment shall prescribe the functions, tasks, powers, and organizational structure of the Land Registration Office and its branches under the Land Registration Office;

Appointment and dismissal of Heads and Deputy Heads of Land Registration Offices and Directors and Deputy Directors of Branches of Land Registration Offices according to the provisions of law and the management decentralization of officials of the People's Committee of the province, in accordance with the standards of titles as prescribed.

- The payroll and number of people working for the Land Registration Office are assigned on the basis of a scheme of job positions associated with functions, tasks, and scope of operation and are included in the total payroll, along with the number of people working in the provinces and centrally-run cities approved by the competent authorities.

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