Regulations on the right to access land information

Citizens have the right to access and search information on land use planning, land use plans, the legal status of land parcels, land prices, cadastral records, and related data managed by state agencies. Competent authorities are responsible for publicly and transparently disclosing land information through electronic portals, posting it at their offices, or providing it upon request from organizations and individuals. The provision of information must be timely, accurate, and in accordance with procedures, and fees may be charged for certain types of data as prescribed by law. Simultaneously, the law clearly defines the responsibilities of management agencies in building, updating, and sharing land databases, contributing to improved state management efficiency, preventing corruption, and ensuring the legitimate rights and interests of citizens and businesses.

According to Article 24 of the 2024 Land Law, the following is stipulated:

1. Citizens have access to the following land information:

a) Land use plans and other plans related to land use that have been decided and approved by competent state agencies;

b) Results of land statistics and inventory;

c) Land allocation and land leasing;

d) The land price list has been published;

d) The compensation, support, and resettlement plan for land acquisition by the State has been approved by the competent authority;

e) Results of land inspections, examinations, and dispute resolution; results of resolving land-related complaints and denunciations; and results of handling violations of land laws;

g) Administrative procedures related to land;

h) Legal documents on land;

i) Other land information as prescribed by law.

2. Access to land information shall be governed by the provisions of this Law, the law on access to information, and other relevant legal provisions.

The right to convert, transfer, lease, sublease, inherit, and gift land use rights; to mortgage and contribute land use rights as capital.

According to Article 27 of the 2024 Land Law, the rights to convert, transfer, lease, sublease, inherit, and donate land use rights; and to mortgage and contribute capital using land use rights are regulated by law as follows:

1. Land users have the right to convert, transfer, lease, sublease, inherit, and donate land use rights; mortgage and contribute land use rights as capital in accordance with this Law and other relevant laws.

2. Groups of land users who share the right to use the land have the following rights and obligations:

a) Groups of land users, including household members and individuals, have the same rights and obligations as individuals as stipulated in this Law.

If a group of land users includes a member that is an economic organization, they shall have the same rights and obligations as economic organizations as stipulated in this Law;

b) In cases where a group of land users has land use rights that can be divided into portions for each member of the group, if each member wishes to exercise their rights over their portion of land use rights, they must register the change or subdivide the land according to regulations, complete the procedures for obtaining a Certificate of Land Use Rights and Ownership of Assets Attached to the Land, and exercise the rights and obligations of a land user as prescribed by this Law.

In cases where the land use rights of a group of land users cannot be divided into portions, the members shall exercise them together or authorize a representative to exercise the rights and obligations of the group of land users.

3. The notarization and authentication of contracts and documents exercising the rights of land users shall be carried out as follows:

a) Contracts for the transfer, donation, mortgage, or capital contribution using land use rights, or land use rights and assets attached to the land, must be notarized or certified, except in cases specified in point b of this clause;

b) Lease agreements, sublease agreements for land use rights, land use rights and assets attached to land, agreements for the conversion of agricultural land use rights; agreements for the transfer or contribution of capital in the form of land use rights, land use rights and assets attached to land, and assets attached to land where one or both parties involved in the transaction are organizations engaged in real estate business, which must be notarized or certified as required by the parties;

c) Documents concerning the inheritance of land use rights, land use rights and assets attached to the land, which must be notarized or certified in accordance with the provisions of civil law;

d) Notarization and authentication shall be carried out in accordance with the provisions of the law on notarization and authentication.

Luong Thi Hoai

Source: https://sotp.langson.gov.vn/tin-tuc-su-kien/quy-dinh-ve-quyen-tiep-can-thong-tin-dat-dai.html