Decision No. 02/2018/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Land Management General Department under the Ministry of Natural Resources and Environment.

Pursuant to …;

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LAND ADMINISTRATION AGENCY UNDER THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Minister of Natural Resources and Environment;

The Prime Minister issues a Decision to provide for the functions, tasks, powers and organizational structure of the Land Administration Agency under the Ministry of Natural Resources and Environment.

Article 1. Position and Functions

1. The Land Administration Agency is an organization under the Ministry of Natural Resources and Environment, performing the function of advising and assisting the Minister of Natural Resources and Environment in state management and enforcement of laws on land throughout the country; managing and organizing the implementation of public service activities within the scope of state management of the Agency as prescribed by law.

2. The Land Administration Agency has legal personality, its seal bearing the National Emblem, it has a separate account; its headquarters is located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. To the Minister of Natural Resources and Environment;

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees, resolutions of the Government; draft decisions, directives of the Prime Minister; mechanisms, policies and other documents within the field of land;

b) Strategies, plans, long-term, medium-term, annual development programs, projects, proposals, and tasks related to land;

c) National technical standards, national technical regulations, economic-technical norms within the scope of management of the General Department.

2. To provide professional guidance within the scope of management of the General Department.

3. Organize propaganda, dissemination, and education on laws within the scope of management of the Agency.

4. Guide, inspect and organize the implementation of regulatory legal documents, policies, strategies, national programs, plans, projects, proposals, and tasks within the scope of management of the Agency.

5. Regarding planning and land use planning:

a) Organize the preparation and adjustment of national-level land use planning and regional planning as prescribed;

b) Guide the preparation and adjustment of land use planning at provincial level and land use planning for defense and security purposes;

c) Organize the review of land use planning at provincial level and land use planning for defense and security purposes;

d) Guide and inspect the implementation of national-level and regional land use planning, provincial-level land use planning, land use planning for defense and security purposes, and land use according to approved sectoral and field-specific plans.

6. Regarding land recovery, land allocation, land leasing, and permission to change land use purpose:

a) Guide the implementation of land recovery, land allocation, land leasing, and permission to change land use purpose;

b) Take the lead in coordinating with relevant agencies of the Ministry of Agriculture and Rural Development to review and submit to the Prime Minister for approval to change the purpose of rice-growing land, special-use forest land, protective forest land to other purposes;

c) Review the files submitted by provincial People's Committees before July 1, 2004 regarding land recovery, land allocation, land leasing, and changing land use purpose;

d) Submit to the Minister of Natural Resources and Environment for written comments on the files of provincial People's Committees concerning projects approved by the Prime Minister for investment that require land recovery; regarding cases of land allocation and leasing without public auction as prescribed by law;

7. Regarding land surveying, land registration, and establishment of cadastral records:

a) Guide and inspect land surveying and cadastral map correction work; the establishment and correction of cadastral records; the creation and updating of inter-departmental cadastral maps in the field of land;

b) Guide and inspect land registration, changes in land registration, and registration of attached assets; issuance of certificates of land use rights, ownership of houses, and attached assets; specialized activities related to land registration;

c) Guide and inspect the construction and operation of a nationwide land registration system;

d) Organize the issuance and inspection of the management and use of blank certificates of land use rights, ownership of houses, and attached assets;

đ) Aggregate data on land registration, cadastral map creation, issuance of certificates of land use rights, ownership of houses, and attached assets, and establishment of cadastral records from provinces and centrally-administered cities;

8. Regarding land valuation:

a) Lead and coordinate with relevant agencies to develop and submit to the Government for promulgation or adjustment of land price ranges;

b) Guide and inspect the development and adjustment of local land price lists;

c) Guide and inspect the application of land price ranges, adjustments to land price ranges; principles and methods for determining land prices; procedures and formalities for developing land price lists and specific land prices; creation of land price maps;

d) Guide, inspect, and review land prices at the border between provinces and centrally-administered cities under the Prime Minister's decision-making authority;

đ) Lead and coordinate with relevant agencies to develop and amend principles and methods for determining land prices; guide the development and adjustment of land price lists and specific land valuations according to the law on land; create land price maps;

e) Inspect the valuation of land by independent land valuation organizations;

g) Organize market land price surveys, data collection, and management according to the law;

h) Issue certificates of practice in land valuation according to the law;

9. Regarding compensation, support, and resettlement when the State recovers land:

a) Guide, inspect, and organize the implementation of legal provisions on compensation, support, and resettlement when the State recovers land; guide and inspect the determination of land users eligible for compensation, support, or not eligible for compensation, support;

b) Chair and coordinate with relevant agencies and organizations to organize the review of the framework policy on compensation, support, and resettlement when the State recovers land for investment projects decided by the National Assembly on the investment orientation and approved by the Prime Minister, which require the relocation of entire communities, affecting the entire livelihood, economy, and social life, cultural traditions of the community, and land recovery projects related to multiple provinces and centrally governed cities; resolve difficulties and obstacles regarding compensation, support, and resettlement when the State recovers land.

c) Guide and inspect the management and use of land after clearance; issue Certificates of Land Use Rights, Ownership Certificates of Housing and Other Assets Attached to Land in resettlement areas.

10. On land fund development and land use rights auctioning:

a) Guide and inspect the implementation of legal provisions on land recovery, creation, and development of land funds, management and exploitation of recovered land funds; in land use rights auctions and bidding for projects using land.

b) Guide the allocation of land funds for the development of the real estate market in land use plans and planning.

11. On land resource investigation and assessment:

a) Organize investigations and assessments of land quality, potential, degradation, pollution, and classification of agricultural land nationwide and by regions periodically;

b) Organize specialized investigations and assessments on land management and use according to state management requirements for land;

c) Guide the implementation of land investigations and assessments by provinces and centrally governed cities;

d) Aggregate and publish the results of national and regional land resource investigations and assessments.

12. On the construction of land information systems, land databases, and electronic transactions in the land sector:

a) Organize surveys, data collection on land; build, manage, exploit, operate, maintain, and develop land information systems in accordance with the law;

b) Organize the construction of unified land databases and information systems nationwide; implement, operate, and maintain the national land information system; provide land information and data to agencies, organizations, and individuals in accordance with the law;

c) Guide and inspect the construction of land information systems and electronic transactions in the land sector; the storage of land data and the provision of land information by localities.

13. On the supervision of land management and use:

a) Monitor and inspect on-site land management and use in economic zones, industrial parks, high-tech parks, industrial clusters, golf courses, forestry and agricultural farms, and other projects and constructions using land within the authority's decision-making power of the National Assembly and the Government;

b) Organize the construction, management, and exploitation of land resource monitoring and supervision systems in accordance with the law;

c) Organize periodic or specialized land statistics and inventory nationwide; inspect and review the results of land statistics and inventory by provinces and centrally governed cities;

d) Organize the evaluation of the enforcement of land laws; the effectiveness of land management and use nationwide;

đ) Build a system for monitoring and evaluating land management and use; manage and operate the central monitoring and evaluation system for land use; guide and inspect the management and operation of the monitoring and evaluation system for land management and use at the local level;

e) Organize the assessment of the impact of land policies and laws on the economy, society, and environment nationwide and in localities.

14. Conduct specialized land inspections nationwide in accordance with the law; handle violations of the law, resolve disputes, complaints, and denunciations in the land sector according to the division of labor by the Minister of Natural Resources and Environment.

15. Organize research, application, transfer, and dissemination of scientific and technological advancements in the land sector.

16. Regarding international cooperation:

a) Propose participation in negotiations and signing of international treaties; participate in international organizations and forums on the land sector according to the division of labor by the Minister of Natural Resources and Environment;

b) Serve as the focal point for implementing international treaties on the land sector according to the division of labor by the Minister of Natural Resources and Environment;

c) Organize the implementation of international cooperation programs and projects on the land sector according to the division of labor by the Minister of Natural Resources and Environment.

17. Guide, inspect, and organize the implementation of public services in the land sector; organize certification of products, projects, and programs on land management and use in accordance with the law.

18. Implement administrative reform according to the Ministry of Natural Resources and Environment's administrative reform program; practice thrift; prevent and combat corruption and waste under the jurisdiction of the General Department.

19. Manage organizational structure, civil servants, officials, and employees in accordance with the law and the delegation of the Minister of Natural Resources and Environment. Implement regulations, policies, incentives, rewards, and disciplinary measures, and participate in training and professional development for civil servants, officials, and employees under the General Department's jurisdiction according to the law and the delegation of the Minister of Natural Resources and Environment.

20. Manage finance, assets, and other resources delegated by the Ministry of Natural Resources and Environment and in accordance with the law.

21. Perform other tasks assigned by the Minister of Natural Resources and Environment.

Article 3. Organizational Structure

1. Policy and Legal Affairs Department.

2. Science, Technology, and International Cooperation Department.

3. Planning and Finance Department;

4. Cadres and Civil Servants Organization Department.

5. General Department Office.

6. Land Registration Bureau.

7. Land Planning Bureau.

8. Land Economy and Fund Development Bureau.

9. Land Management and Use Supervision Bureau.

10. Land Management Research Institute.

11. Land Data and Information Center.

12. Land Survey and Planning Center.

13. Land Valuation and Cadastre Certification Center.

In this Article, the organizations from Clause 1 to Clause 9 are administrative organizations assisting the General Department Director in performing state management functions; the organizations from Clause 10 to Clause 13 are public service units directly under the General Department.

The Office of the General Department has four rooms; the Land Registration Department has an office and three rooms; the Land Planning Department has an office and three rooms; the Land Economy and Development Fund Department has an office and three rooms; the Land Management and Usage Control Department has an office and three rooms.

Article 4. Leadership of the General Department

1. The General Department of Land Management has a Director and not more than four Deputy Directors appointed, relieved, or dismissed by the Minister of Natural Resources and Environment according to the provisions of the law.

2. The Director of the General Department of Land Management is responsible before the Minister of Natural Resources and Environment and before the law for all activities of the General Department of Land Management. The Deputy Director of the General Department of Land Management is responsible before the Director and before the law for the assigned field of work.

3. The Director of the General Department of Land Management submits to the Minister of Natural Resources and Environment regulations on functions, tasks, powers, and organizational structure of subordinate organizations; appoints and relieves leadership and management positions within the General Department according to the provisions of the law and the delegation of the Minister of Natural Resources and Environment.

Article 5. Effective Date

1. This Decision takes effect from March 18, 2018.

2. This Decision replaces Decision No. 21/2014/QĐ-TTg dated March 13, 2014 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the General Department of Land Management under the Ministry of Natural Resources and Environment.

Article 6. Responsibility for Implementation

The Minister of Natural Resources and Environment, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government, and the Director of the General Department of Land Management are responsible for implementing this Decision./.