Hello LSX. Currently, I am a final year student majoring in land management at a university in Hanoi. I have a desire when I graduate from school to take the exam to become a civil servant at the district land registration office. I have a question, what are the duties and powers of the district-level land registration office branch? Are branches of the district land registration office allowed to provide surveying and cartographic services as authorized by the provincial land registration office? So about the matter “Regulations on district-level land registration offices in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Decree 01/2017/ND-CP
- Joint Circular 15/2015/TTLT-TTBTNMT-BNV-BTC
Duties and powers of the Land Registry Office are regulated by whom?
Pursuant to Point e, Clause 2, Article 3 of the Joint Circular 15/2015/TTLT-BTNMT-BNV-BTC stipulating the organizational structure as follows:
“Article 3. Organizational structure
2. Organizational structure
e) Branches of Land Registration Office.
Branches of land registration offices in districts, towns and provincial cities are dependent accounting units; has its own seal and is arranged by the State with office 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; appoint and dismiss the Heads and Deputy Heads of the Land Registration Office and the Directors and Deputy Directors of the Branches of the Land Registration Office in accordance with the law and decentralize the management of officers of the Land Registration Commission. Provincial People’s Committee, in accordance with the title criteria as prescribed.”
According to the above regulations, the Director of the Department of Natural Resources and Environment stipulates the functions, tasks, powers and organizational structure of the Land Registration Office and its branches under the Land Registration Office.
Accordingly, the duties and powers of the Branch of the Land Registration Office are prescribed by the Director of the Department of Natural Resources and Environment.
Regulations on district-level land registration offices in Vietnam
Pursuant to Point b, Clause 1, Clause 3, Article 5 of Decree 43/2014/ND-CP, as amended by Clause 2, Article 1 of Decree 148/2020/ND-CP on provision of services in the land sector belt, specifically as follows:
“Article 5. Providing services in the field of land
1. Land registration office:
b) Land registration offices have branches in districts, towns and provincial cities. The branch of the land registration office may perform the functions, tasks and powers of the land registration office under the decision of the provincial-level People’s Committee;
3. Service activities in the field of land include:
a) Land survey and assessment; soil improvement;
b) Formulating master plans and plans on land use;
c) Measuring, making cadastral maps, cadastral dossiers, building land databases, registering and making dossiers for issuance of certificates of land use rights and ownership of houses and other assets attached to land; attached to the land;
d) Consulting on land price determination;
dd) Auction of land use rights;
e) Compensation, support and resettlement;
g) Provide information, land data, information on the market for land use rights and other information on land;
h) Receive dossiers and return results of settlement of administrative procedures for land according to the demand for time and place of service requesters;
i) Other services according to functions and tasks.”
In Article 2 of the Joint Circular 15/2015/TTLT-BTNMT-BNV-BTC stipulates:
“Article 2. Duties and powers
1. To register land assigned to manage by the State, register land use rights and ownership of houses and other land-attached assets.
2. 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).
3. Carry out the registration of changes in land allocated by the State for management, land use rights, ownership of houses and other land-attached assets.
4. Making, editing, updating, storing and managing cadastral dossiers; receive and manage the use of Certificate blanks in accordance with law.
5. Updating, correcting, synchronizing and exploiting land data; building and managing the land information system according to the provisions of law.
6. Carry out statistics and inventory of land and map out the current land use situation; correction of cadastral maps; cadastral map extract.
7. 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.
8. To register transactions secured by land use rights, ownership of houses and other land-attached assets in accordance with law.
9. To provide documents, maps, information and data on land, houses and other land-attached assets to organizations and individuals as prescribed by law.
10. To collect fees and charges in accordance with law.
11. To perform services on the basis of functions and tasks in accordance with their capacity as prescribed by law.
12. Manage officials, employees, finance and assets of the Land Registration Office in accordance with law; implement the reporting regime according to current regulations and the status of task performance in the assigned fields of work.”
According to the above provisions, the branch of the district-level land registration office shall perform services on the basis of functions and tasks in accordance with their capacity as prescribed by law.
Branch Land Registration Office is a dependent unit of the office. Branches may perform all or part of the functions of the Land Registry Office.
Accordingly, the provision of surveying and mapping services, if the branch is authorized by the Director of the Department to perform and falls within the scope of the functions of the Land Registration Office, the branch of the Land Registration Office shall be authorized to do so. perform.
On what principle is the coordination mechanism between the Land Registration Office and the Land Registration Office’s Branch?
Pursuant to Article 5 of the Joint Circular 15/2015/TTLT-BTNMT-BNV-BTC stipulating the coordination mechanism, specifically as follows:
“Article 5. Coordination mechanism
1. The coordination between the Land Registration Office, the Branch of the Land Registration Office, the Division of Natural Resources and Environment, the People’s Committees of districts, towns and provincial cities (hereinafter referred to as the Committees of the People’s Committees of the province) district-level People’s Committees), financial agencies, tax offices and other relevant agencies and units in performing the functions, tasks and powers of the Land Registration Office according to the following principles: :
a) Ensure synchronous, consistent, close, timely, public and transparent implementation;
b) Clearly identify the agency or unit in charge and coordination; responsibilities and powers of the head of the agency or unit; content, time limit and method of implementation; information and reporting regime;
c) Comply with the provisions of current laws; consistent with the functions, tasks, powers, organization and operation regulations of each agency or unit.
2. Coordination mechanism between the Land Registration Office, the Branch of the Land Registration Office, the Division of Natural Resources and Environment, the People’s Committee of the district, the financial authority, the tax authority and other agencies, Other relevant units shall comply with the Regulation on coordination promulgated by the Provincial People’s Committee, ensuring the principles specified in Clause 1 of this Article and the inter-ministerial guidance: Finance, Natural Resources and Environment regulations on dossiers and order and procedures for receiving and circulating land users’ dossiers when performing financial obligations on land.
According to the above provisions, the coordination between the Land Registration Office, the Branch of the Land Registration Office, the Division of Natural Resources and Environment, the District People’s Committee and other relevant agencies and units in the field of land registration to perform the functions, tasks and powers of the Land Registration Office according to the above principles.
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Frequently asked questions
The head of the land registration office is the leader of the land registration office, including the director and no more than 02 directors. Under the director are organizations such as:
a) Administration – General Department;
b) Planning and Finance Division (provincial People’s Committees consider establishment decisions for land registration offices with 15 branches or more);
c) Office of registration and certification;
d) Department of Information – Archives;
dd) Cadastral Technical Department;
e) Branches of Land Registration Office.
Pursuant to Clauses 1 and 4, Article 37 of Decree 43/2014/ND-CP supplemented by Clause 23, Article 2 of Decree 01/2017/ND-CP, the Land Registration Office is granted a certificate when the following conditions are met:
– The land registration office must be authorized to issue the Certificate:
Provincial-level People’s Committees will base on specific local conditions on the organizational structure and facilities of the Land Registration Office to stipulate the permission of the Department of Natural Resources and Environment to authorize the Land Registration Office. Sign the land to issue the Certificate.
Certificates are only allowed to be issued in the following cases:
Land users who have been granted certificates, certificates of house ownership or certificates of ownership of construction works, but exercise the rights of land users and owners of properties attached to land. land and must issue a new Certificate.
Pursuant to the provisions of Article 2 of the Joint Circular 15/2015/TTLT-TTBTNMT-BNV-BTC stipulating the powers of the land office. Accordingly, in case the land registration office does other than what they are allowed to do in this circular, the land registration office at all levels cannot do it.
Conclusion: So the above is Regulations on district-level land registration offices in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
