Nghị định 34-CP

DECREE

ON THE FUNCTIONS, TASKS, POWER AND ORGANIZATIONS, TASKS, POWER AND ORGANIZATION OF THE GENERAL ADMINISTRATION OF LAND

THE GOVERNMENT

Proceeding from the Law on Organization of the Government passed on the 30th of September 1992;
Pursuant to Decree No. 15-CP, dated 2nd of March, 1993 of the Government on the tasks, power and State management responsibility of the ministries and governmental agencies at the ministerial level;
Pursuant to Decree No. 12-CP of February 22, 1994 of the Government on the establishment of the General Administration of Land;
Considering the proposals of the General Director of the General Administration of Land and the Minister-Director of the Organizational and Personnel Commission of the Government,

DECREES:

Article 1.- The General Administration of Land is an agency attached to the Government and assigned with the function of State management over the land and land surveying and mapping throughout the country.

Article 2.- The General Administration of Land has the following tasks and power:

1. To design and submit to the Government the strategy, scheme and plan for the use of land, to draft the laws, ordinances, programs, policies and regimes governing the management and use of land along with surveying and mapping, and to organize the implementation upon these matters being approved.

2. To organize the evaluation of the schemes and plans for land use prepared by the ministries and the agencies at the ministerial level, the agencies under the Government and the People's Committees of provinces and cities directly attached to the Government, before they are submitted to the Government; to submit to the Government proposals on the assignment and lease of the land, and to recover the land under the jurisdiction of the Government.

3. To issue stipulations on the standards, rules, regulations and technical-economic standards for land administration; to issue decisions, circulars and instructions to direct, guide and inspect the various branches, localities, organizations and individual citizens in their management and use of the land, and their lawful land surveying and mapping work.

4. To organize surveys, feasibility studies, measuring, evaluation and classification of land, the drawing and compiling of land administration maps and files, the registration, listing and periodical inspection of land, the licensing of land-use rights, and the assignment, lease and recovery of land.

5. To organize the design and management of the system of coordinates, altitudes and gravity, the aerial photography of the terrain, in addition to the drawing and publication of topographical maps of the mainland, sea-bed and terrain along with administrative and geographical maps as well as other specialized maps.

To evaluate and license the cartographic plans on assignment from the Government. To perform, in coordination with the offices concerned, the delineation and mapping of the national borders.

6. To manage and guide scientific and technological research on land management and surveying and mapping, and carry out international cooperation in the field of land administration.

7. To manage the collection and processing of data, and to preserve archival documents on land administration, including basic documents on land administration, including basic documents concerning the land, including measurements, maps and aerial photographs.

8. To manage the organization and the personnel of the land administration service, to design and issue the standards for and functions of land administration personnel; to train and foster land administration personnel in accordance with the regulations set by the Government.

9. To organize and conduct the control and inspection of the observance of the laws governing land use and cartographic work. To exert jurisdiction over disputes and complaints over, and denouncements against, violations of management and use regulations.

As to cases in which the decisions of ministries and agencies at the ministerial level, agencies attached to the Government, the People's Councils, the People's Committees and the Chairmen of the People's Committees of provinces and cities directly attached to the central Government, are in contravention of the laws of the State or the General Administration of Land on land management and cartography, the General Director of the General Administration of Land shall have the authority of a Minister, as provided for in Item 2 of Article 10 of Government Decree No. 15-CP of March 2, 1993, on the tasks, power and State-management responsibility of ministries and ministerial-level agencies.

10. To manage the businesses directly under the General Administration in line with Government regulations.

Article 3.- The organization structure of the General Administration of Land is composed of the following:

1. The Organization to assist the General Director to exercise the State-management function, which is comprised of:

- The Central Office (with a second office in Ho Chi Minh City),

- The Planning and Finance Department (also assuming the scheming),

- The Organizational and Personnel Department,

- The Department of Scientific Research and International Cooperation,

- The Inspectorate,

- The Registration and Statistics Department,

- The Department of Cartography.

2. The specialized units which are comprised of:

- The Institute of Land Administration, Science and Technology,

- The Institute of Land Surveying and Planning,

- The National Center for Border Delineation,

- The Center of Land Administration Informational and Archive,

- The Secondary School of Land Administration I,

- The Secondary School of Land Administration II,

- The Secondary School of Land Administration III.

The General Director of the General Administration of Land shall determine the function, tasks, power and organization structure and staff of the above-mentioned units within the total staff designated for the General Administration.

Article 4.- The General Director of the General Administration of Land shall be accountable to the Prime Minister for all the operations of the General Administration. The deputy General Directors shall be assigned by the General Director and be accountable for their assignments to the General Director.

Article 5.- The system of State management of land and cartographical services, in localities are placed directly under the People's Committees at their levels. They are comprised of the following:

- The Land Administration Service under the People's Committees of provinces and cities directly attached to the Central Government.

- The Land Administration Bureau under the People's Committees of districts, precincts, provincial capitals and provincial towns and cities.

- The Land Administration cadres under the People's Committees of communes, urban wards and district townships (which shall enjoy the regime set by the Government for commune cadres).

The General Director of the General Administration of Land shall determine the tasks, power and organizational structure of the Land Administration offices, at all levels.

The General Director of the General Administration shall arrange with the Minister-Director of the Organizational and Personnel Department of the Government to issue the professional standards for the Directors of the Provincial Land Administration Services, and arrange with the Chairmen of the People's Committees, in provinces and cities directly attached to the Central Government, to designate the assignment, relief and dismissal of the Directors of the Provincial Land Administration Services.

Article 6.- This Decree shall take effect as of the date of issuance. Any previous regulations which are contrary to this Decree shall be annulled.

Article 7.- The General Director of the General Administration of Land, the Ministers, the Heads of the agencies at the ministerial level, the Heads of agencies under the Government, and the Chairmen of the people's Committees of provinces and cities directly attached to the Central Government, shall be responsible for implementing this Decree.