Land management and usage is a key area of focus for the government, with legal regulations continuously updated to ensure transparency and efficiency. With the enactment of the Land Law 2024 and Decree No. 102/2024/ND-CP (“Decree 102“), the Government has introduced detailed provisions for monitoring, evaluating, and publicly disclosing information regarding legal violations in this sector.
In this article, BLawyers Vietnam highlights important new changes regarding the monitoring and evaluation of land management and usage in Vietnam.
1. Disclosure of information on violations and violation resolution results in accordance with the Land Law 2013 and Decree No. 43/2014/ND-CP
The Land Law 2013 (which expired 01 August 2024) stipulated that one of the conditions for investors to be granted land, leased land, or permitted to change land use by the State is that “there are no violations of land laws for the cases where the land is being used for other investment projects granted or leased by the State”.
Following that, Decree No. 43/2014/ND-CP also stipulated that the electronic portal of the Ministry of Natural Resources and Environment as well as the General Department of Land Administration would publicly disclose the status of land law violations and the results of violation resolutions nationwide.
Thus, under the above regulations, the disclosure of information on violations and the results of handling violations was published on the electronic portal of the Ministry of Natural Resources and Environment and the General Department of Land Administration, which allows local authorities across the country to access and verify violations on a national scale.
2. Disclosure of information on violations and violation resolution results in accordance with the Land Law 2024 and Decree 102
According to new provisions in Article 233 of the Land Law 2024, there has been a change regarding the publication of information on violations of land laws and the results of violation resolutions. Specifically, the monitoring, evaluation, provision, and reporting of information related to land law violations are now regulated through the National Land Information System, within the framework of the monitoring and evaluation system for land management and usage that is part of this national system.
Under the monitoring and evaluation system for land management and usage, land management authorities are responsible for updating information within this system to the National Land Information System; and managing the monitoring and evaluation system and assisting the Government and People’s Committees at all levels in carrying out the monitoring and evaluation of land management and usage.
Detailed provisions regarding the monitoring, evaluation, provision, and reporting of information on land law violations through the National Land Information System are outlined in Article 101 and Article 102 of Decree 102.
3. Implementing the disclosure of information on violations and violation resolution results
Currently, the National Land Information System has not yet been completed. As a result, the Ministry of Natural Resources and Environment is currently unable to publicly disclose information on violations and the results of resolutions in the field of land management within the National Land Information System.
According to recent guidance issued by the Ministry of Natural Resources and Environment, while the National Land Information System has not yet been completed, in order to publicly disclose cases of land law violations, the People’s Committees of provinces and centrally-run cities shall implement the following:
- Direct the aggregation and public disclosure of information on land law violations and the results of handling such violations (including remediation of land law violations) on the electronic portal of the provincial or municipal People’s Committees; and
- Submit reports on these results to the Ministry of Natural Resources and Environment for disclosure on the Ministry’s and the General Department of Land Administration’s electronic portal (as per Forms).
Thus, the public disclosure of information on violations and the results of resolutions will continue to be implemented according to previous regulations in the form of public announcements on the electronic portal of the Ministry of Natural Resources and Environment and the General Department of Land Administration, in accordance with clause 3 Article 14 and clause 3 Article 15 of Decree 102.
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.
Date: 08 October 2024
Writers: Thao Luu and Liem Nguyen
