Land administration agencies that foreign investors need to know in Vietnam
Hello LSX Lawfirm, I am a foreign investor who intends to establish an economic organization in Vietnam. I am very interested in how the land is used and the land administration in this country. Please advise me, thanks! Today, LSX Lawfirm will give you an article about: “Land administration agencies that foreign investors need to know in Vietnam”, as follows:
Legal grounds
Law on land 2013
Decree No. 43/2014
Decree No. 01/2017
Decree No. 148/2020
Some definitions related to land administration agencies in Vietnam
Accordingly, the State allocates land use rights (below referred to as the State allocates land) means that the State issues decisions on land allocation to grant land use rights to subjects having land use demand.
The State leases land use rights (below referred to as the State leases land) means that the State decides to grant land use rights to subjects having land use demand under contracts on land use rights lease.
Transfer of land use rights means the transfer of land use rights from one person to another by ways of exchange, transfer, inheritance or donation of land use rights, or contribution of land use rights as capital.
Related article: Which cases does the State not collect land use levy in Vietnam?
The form of the state granting land use rights in Vietnam
Land administration agencies that foreign investors need to know in Vietnam
As the question above, LSX Lawfirm will provide specific information according to the law that you should know about the land management agency in Vietnam, as follows:
Firstly, The system of land administration agencies shall be organized uniformly from central level to local level.
Secondly, the land administration agency at the central level is the Ministry of Natural Resources and Environment.
In which:
Land registration offices
Firstly, land registration office is an agency providing public services under a Department of Natural resources and Environment and is formed or reorganized by the relevant provincial People’s Committee by merging the existing Office of land use right registration under the Department of Natural resources and Environment and the existing Offices of land use right under the local Office of Natural resources and Environment. It is a juridical person in possession of its own location, seal and account to operate as per the laws.
The functions of a land registration office are:
- Register land and land-attached properties
- Issue certificates of land use right with or without ownership of house and other properties attached to land when mandated as per regulations
- Take measurements, produce, management, update, revise and match cadastral documents with land database
- Then, reckon up and inventory land; release land information to requesting organizations and individuals as per regulations and provide other services on the premise that its functions and missions accord with competence pursuant to the laws.
This is related to land administration agencies that foreign investors need to know in Vietnam.
Secondly, land registration offices have branches in districts, towns and provincial cities. Branches of land registration offices may perform the functions and tasks and exercise the powers of land registration offices under decisions of provincial-level People’s Committees.
Operational funding for land registration offices shall comply with the provisions of law applicable to public service units.
Thirdly, Operational funding for land registration offices:
When a land registration office provides its services, persons requesting its services shall be liable for costs and expenses incurred from rendering of such services. As for the procedures for registration and conferment of Certificates of land tenure and ownership of houses and other property attached to land, persons requesting services shall be responsible for paying the fee for assessment of application packages and verification of conditions for registration and issuance of certificates of land tenure and ownership of houses and other land-attached property; then paying costs and expenses incurred from the remaining procedures at the prices of public services quoted by provincial People’s Committees.
Land fund development organizations about land administration agencies that foreign investors need to know in Vietnam
Firstly, land fund development organizations are:
- Public non-business units established in accordance with the law on establishment
- Reorganization and dissolution of public non-business units
- Have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law
- Have branches in districts, towns and provincial cities. For localities that currently have both provincial-level and district-level land fund development organizations, these organizations shall be consolidated.
Secondly, land fund development organizations have the functions of creating, developing, managing and exploiting land funds; organizing the payment of compensations, provision of support, and resettlement; receiving land use rights transferred by organizations, households and individuals; organizing the auction of land use rights and providing other services.
Thirdly, operation funds of land fund development organizations must comply with regulations on finance of public non-business units.
Land-related services about land administration agencies that foreign investors need to know in Vietnam
a) Land investigation and assessment; soil improvement
b) Then, land use planning
c) Cadastral surveying and mapping, compilation of cadastral records, land database construction, application for registration and preparation of application documentation for certificates of land tenure and ownership of houses and other properties associated with land
d) Then, land pricing consultancy
dd) Land auctioning
e) Compensation, support and resettlement
g) Then, provision of information, data about land, and information about land markets and other land information
h) Handling of submitted documents and notification of the status of processing of land documents meeting service clients’ demands concerning time and location
i) Then, other services, depending on the service provider’s permitted functions and assigned duties.
Finally, related to land administration agencies that foreign investors need to know in Vietnam
Accordingly, the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and the Ministry of Finance in. specifying the organizational structures, tasks and operation mechanism of land registration offices and land fund development organizations.
Land registration offices and land fund development organizations must be established or reorganized before December 31, 2015. Pending the establishment or reorganization of offices or organizations defined in Clauses 1 and 2 of this Article, previously established land use rights registration offices and land fund development centers may continue operating according to their assigned functions and tasks.
Related questions about “Land administration agencies that foreign investors need to know in Vietnam”
Does the State allocate land for aquaculture to pay land use tax?
No, according to Article 54. Land allocation without land use levy:
“The State allocates land without collecting land use levy in the following cases:
Households and individuals directly engaged in agricultural; forestry; aquaculture or salt production may be allocated agricultural land within the limit specified in Article 129 of this Law”.
The 2013 Land Law removed three groups of subjects; who were allocated land without land use levy compared to the 2003 Land Law, who included?
Organize the use of land for the purposes of research, experiment and experiment in agriculture, forestry, aquaculture, salt making. It related to the issue: “Which cases does the State not collect land use levy in Vietnam?”
So, Agricultural cooperatives use land as ground for the construction of cooperative offices, drying yards, and warehouses; to build service establishments directly serving agricultural production, forestry, aquaculture and salt production;
People’s armed forces units are allocated land by the State for agricultural; forestry; aquaculture; salt-making or production combined with defense and security tasks.
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