THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
34-CP
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Hanoi,
April 23, 1994
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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.
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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.
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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.
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- 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.
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- 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.
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