According to information from the Electronic Information Portal of the Ministry of Agriculture and Environment, the Department of Land Administration is researching and evaluating the possibility of applying electronic Certificates of land use rights and ownership of assets attached to land (GCNĐT), and at the same time proposing to amend legal regulations and technical solutions to serve the issuance of this type of Certificate.
Three gaps need to be removed
According to the research report, the construction of the GCNĐT model is carried out on the basis of comprehensive research of legal bases, scientific and practical basis to establish the electronic identification certificate model.
The research results identified the technical model of GCNĐT in the direction of "data original", including two layers: PDF/A for display and XML embedded data. Authentication is performed using UUID identification code, real-time QR code and HSM digital signature.
This model has been tested at the Hanoi City Land Registration Office on the ViLIS 2024 - GCNĐT system, HaNoiLIS platform. The test results reportedly assessed as proving the feasibility, stability and socio-economic efficiency of GCNĐT.
However, for synchronous deployment nationwide, the report identifies 3 major legal gaps. First, current land law does not have an official concept at the legal level of "Electronic Certificates" as an independent form of expression, with the legal value of the original equal to the traditional paper version in the entire legal system.
Second, there is no mandatory policy framework to interlink legal values between sectors. Although land law recognizes GCNĐT, there is no mechanism to force agencies and organizations such as tax, banking, notary, court, and judgment enforcement to receive, recognize and use GCNĐT in civil transactions, mortgage registration, credit granting or proceedings. Therefore, transactions may still have to use paper copies.
Third, there is no synchronous technical and nghiệp vụ standard system at the Ministry level on data structure, unique identification code, time stamp, issuance, re-issuance, re-issuance, update of changes, cancellation and long-term electronic storage for GCNĐT.
Improving institutions, synchronizing infrastructure
To overcome the above gaps, the report proposes to improve the institution according to a 3-level model including Laws, Decrees and Circulars.
Accordingly, at the legal level, it is necessary to advise the National Assembly to supplement and legalize the concept of Certificates of land use rights and ownership of assets attached to land in electronic form into the Land Law. According to the proposal, GCNĐT is a form of official and independent expression of the Certificate, with original legal value and full enforcement validity like traditional paper.
At the Government's Decree level, it is necessary to specifically stipulate the legal value, mechanism for recognizing, using, converting and managing EDCs. In particular, it is necessary to establish a mandatory policy framework for interlinking legal values between ministries and sectors; clearly stipulate the responsibilities of tax authorities, notary offices, banks, courts, and judgment enforcement agencies in recognizing and using EDCs without requiring people or businesses to present papers.
At the Circular level, the Ministry of Agriculture and Environment is proposed to issue specialized guidance on the entire process and technical standards. Including display interface templates, data file structures, UUID codes, authentication QR codes, XML data, HSM hardware digital signature standards, timestamps and new issuance, renewal, update of changes, cancellation, long-term electronic storage processes.
Along with perfecting the institution, the report proposes to standardize the national data standard framework on GCNĐT, including XML, PDF/A, UUID standards and authentication QR codes, ensuring that local land management software has the ability to start and retrieve synchronous data.
The Infrastructure of the National Land Database (MPLIS) also needs to continue to be invested and completed; upgrade the digital signature infrastructure to focus on using high-capacity HSM equipment, combining in-depth information security solutions such as SIEM, IDS/IPS, meeting level 4 information system safety standards.
In addition, it is necessary to expand connection through the National Data Connection and Sharing Axis (NGSP/LGSP), deeply integrated with the VNeID Electronic Identification and Authentication System, thereby supporting people to look up, manage and use e-GCNĐT conveniently on mobile devices.
Deploy according to a suitable roadmap
Regarding the roadmap, the report proposes two scenarios to ensure that the conversion does not disrupt current land transactions.
Accordingly, for localities that have completed the land database, it is possible to immediately deploy the issuance of synchronous GCNĐT, fully connected with the Public Service Portal and tax, banking, and notary agencies.
For localities that have not yet completed the land database, implement it according to a rolling model, both digitizing and standardizing cadastral data, and gradually applying GCNĐT to new registration dossiers and registration of changes.
Before mandatory application nationwide, the report proposed to expand the pilot program of GCNĐT in some provinces and cities representing economic regions to comprehensively assess, improve professional processes and create social consensus.
To carry out this task, previously, the Department of Land Administration established a working group to research and evaluate the applicability of GCNĐT and propose amendments to legal regulations and technical solutions to serve the issuance of GCNĐT. The working group has the participation of units under the Ministry of Agriculture and Environment, the Ministry of Science and Technology, the Ministry of Public Security and specialized units on data, measurement, land registration and land information systems.
