In the present time, the application of geographic information system and the construction of a land information system for the most unified management of the fund, socio-economic development and environmental protection is a requirement. necessary demand. And in order to create an effective national information system on land resources, in the current period, more attention is being paid to building information systems. But land data has not yet covered the entire population. So about the matter “Regulations on land data provider in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 01/2017/ND-CP
What is a Land Information System?
Pursuant to Article 3 of the 2013 Land Law, the Land Information System is an integrated system of information technology technical infrastructure elements, software, data, and processes and procedures built to collect data. , store, update, process, analyze, synthesize and retrieve land information.
Through the land information system, the exploitation and sharing of land information between agencies and related parties such as tax authorities, notaries, banks, inspection, investigation and judicial agencies to carry out specialized tasks, especially those related to the origin of land use, land prices and planning, land use plans, ensuring sustainability and effective management and use of resources. Land resources have become much easier and more convenient, showing long-term effects on the land management activities of the authorities.
Regulations on land data provider in Vietnam
Agencies providing data and information on land are regulated in Article 15 of Circular 34/2014/TT-BTNMT on building, managing and exploiting land information system by the Minister of Natural Resources and Environment. Issue environment, specifically as follows:
– The central agency providing land data is the Land Data and Information Center under the General Department of Land Management, Ministry of Natural Resources and Environment.
– The local land data provider is the Land Registry Office.
For localities that have not yet built a land database, the land registration office and the commune-level People’s Committee are responsible for providing land data from the cadastral records according to the decentralization of management of cadastral records. .
Above is the content of answers about agencies providing information about land. To understand more and more details about this issue, you can read and learn more in Circular 34/2014/TT-BTNMT.
The data content that the state agency will provide when people submit the application includes:
– Information about the land plot. Including: Number of land plot, number of cadastral map sheets, area, address
– Information of land users. Include: Name of husband and wife, year of birth, ID card, address
– Land use rights
– Assets attached to land
– Legal status
– History of volatility
– Land use planning
– Map extract
– Copy of the certificate of land use right
– Secured Transactions
– Restrictions on rights
– Land price
When to refuse to provide land information?
Pursuant to Article 13 of Circular 34/2014/TT-BTNMT, cases where land data is not provided include:
– Documents, request forms for data provision with unclear and specific contents; requests to provide data under the scope of State secrets in contravention of regulations.
– The written request is not signed by the authorized person and stamped for certification of the organization; the request form does not have the signature, name and specific address of the individual requesting the data.
– The purpose of using the data is not in accordance with the provisions of the law.
– Failure to fulfill financial obligations as prescribed, including: Fees for exploitation and use of land documents; expenses for printing and copying records and documents; cost of sending documents (if any).
Thus, for just one of the above reasons, the agency providing land data will refuse to provide land information.
Order of carrying out the procedures for requesting the provision of land information
According to Clause 4, Article 28 of the 2013 Land Law, state agencies and competent persons in land management and use are responsible for creating conditions and providing information about land to organizations and individuals according to regulations of the law.
Accordingly, based on Article 12 of Circular 34/2014/TT-BTNMT, the procedure for requesting the provision of land information is carried out according to the following steps:
Step 1: Submit your application
Organizations and individuals wishing to exploit land data shall submit a request form or send a written request to the land registration office (the land registration office is organized under the provincial-level Department of Natural Resources and Environment). and have branch offices for land registration in the districts) or commune-level People’s Committees.
+ Request form or written request for provision of land data according to Form No. 01/PYC issued together with Circular 34/2014/TT-BTNMT.
Step 2: Receipt of application
Organizations, religious establishments, overseas Vietnamese implementing investment projects, foreign organizations, foreign individuals, foreign-invested enterprises wishing to exploit land data submit the request form or send a written request to the receiving and result-returning section at the Department of Natural Resources and Environment; Households, individuals and communities shall submit dossiers at the Department of receiving and returning results according to the one-stop-shop mechanism at the district or commune level.
– Receipt officer checks documents:
+ In case the application is complete and valid, an appointment letter will be given to the applicant.
+ In case the request form is missing or invalid, the dossier-receiving officer shall guide the applicant to supplement and re-do it in a timely manner.
Step 3: Resolve the request
– Upon receipt of a valid request form, a valid written request from an organization, individual or agency providing land data, providing data to the organization or individual requesting data extraction. The agency providing land data shall receive, process and notify financial obligations (in case of having to fulfill financial obligations) to organizations and individuals. In case of refusal to provide data, there must be a written reply clearly stating the reason;
– After the organization or individual fulfills their financial obligations, the agency providing land data shall provide land data upon request. For cases of data mining that need to be aggregated and processed before providing it to organizations or individuals, it must be done in the form of a contract under the provisions of the Civil Code between the agency providing the data. land and organizations and individuals that have data mining needs.
Step 4: Return the result
– After the organization or individual fulfills their financial obligations, the agency providing land data shall provide land data upon request.
– For cases of data mining that need to be aggregated and processed before providing it to organizations or individuals, it must be done in the form of a contract in accordance with the Civil Code between the data provider and the agency providing the data. land data and organizations and individuals that have data mining needs.
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Frequently asked questions
Pursuant to Article 13 of Circular 34/2014/TT-BTNMT, cases where land data is not provided include:
Documents, request forms for data provision with unclear and specific contents; requests to provide data under the scope of State secrets in contravention of regulations.
– The written request is not signed by the authorized person and stamped for certification of the organization; the request form does not have the signature, name and specific address of the individual requesting the data.
– The purpose of using the data is not in accordance with the provisions of the law.
– Failure to fulfill financial obligations as prescribed, including: Fees for exploitation and use of land documents; expenses for printing and copying records and documents; cost of sending documents (if any).
Thus, as long as it falls under one of the above reasons, the agency providing land data has the right to refuse to provide land plot information and cadastral information.
In case the request is received before 15:00, it must be provided on the same day; in case the request is received after 15 hours, the provision of land data shall be made on the next working day; In case of request for provision of land data in the form of aggregated information, the time limit for provision of land data shall be determined by agreement between the agency providing land data and the requester in the form of a contract.
According to the provisions of Article 11 of Circular 34/2014/TT-BTNMT, “2. Upon receipt of a valid request form, a valid written request from an organization, individual, or agency providing land data, providing data to the organization or individual requesting data extraction. In case of refusal to provide data, there must be a written reply clearly stating the reason.
Land registration agencies are responsible for providing records, documents and other information about land to agencies, organizations and individuals for the purpose of state management and the needs of the community. However, this does not mean that for every request to provide land information, the land registration office will provide documents and land information to the requester.
Conclusion: So the above is Regulations on land data provider in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
