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MINISTRY
OF NATURAL RESOURCES AND ENVIRONMENT - MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independent - Freedom – Happiness
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No.:
39/2011/TTLT-BTNMT-BTC
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Hanoi, November 15, 2011
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JOINT CICULAR
REGULATING
THE MANAGEMENT AND USE OF FUNDS FOR MEASUREMENT TO DETERMINE LAND AREA FOR
SANCTION OF ADMINISTRATIVE VIOLATION IN AREA OF LAND
Pursuant to the Land Law
dated November 26, 2003;
Pursuant to the State Budget
Law dated December 16, 2002;
Pursuant to the Decree
No.60/2003/ND-CP dated June 06, 2003 of the Government detailing and guiding
the implementation of the State Budget Law;
Pursuant to the Decree
No.105/2009/ND-CP dated November 11, 2009 of the Government on sanction of
administrative violations in the area of land;
Pursuant to the Decree
No.25/2008/ND-CP dated March 04, 2008 of the Government regulating functions,
duties, powers and organizational structure of the Ministry of Natural
Resources and Environment; the Decree No.19/2010/ND-CP dated March 05, 2010 of
the Government amending and supplementing the points c, d, g, h and i, Clause
5, Article 2 of Decree No.25/2008/ND-CP dated March 04, 2008 of the Government
regulating functions, duties, powers and organizational structure of the Ministry
of Natural Resources and Environment;
Pursuant to the Decree
No.118/2008/ND-CP dated November 27, 2008 of the Government regulating
functions, duties, powers and organizational structure of Ministry of Finance;
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The Ministry of Natural
Resources and Environment and the Ministry of Finance regulate the management
and use of funds for measurement to determine land area for sanction of
administrative violation in area of land as follows:
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of governing
This Circular defines the
management and use of funds for measurement to determine land area for sanction
of administrative violation in area of land specified in Article 31 of the
Decree No.105/2009/ND-CP dated November 11, 2009 of the Government on sanction
of administrative violations in the area of land.
Article 2. Subjects of
application
The State management bodies,
specialized agencies on natural resources and environment, finance and other
agencies, organizations and individuals related to the management and use of
funds for measurement to determine land area for sanction of administrative
violation in area of land.
Chapter II
MANAGEMENT AND USE OF FUNDS FOR MEASUREMENT TO
DETERMINE LAND AREA
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1. Funds for implementation of
measurement to determine the land area for sanctioning administrative
violations in the area of land shall be ensured by local budgets from estimated
expenditures for the public services sector and be allocated in annual
estimated expenditures of state budget assigned to the agencies of natural
resources and environment under local management.
2. Each year, the
district-level, provincial-level agencies of natural resources and environment are
responsible for estimating funds for implementation of measurement to determine
the land area for sanctioning administrative violations in the area of land in
accordance with current provisions of the State Budget Law and the documents
guiding the implementation.
3. Cost estimates for
implementation of measurement to determine the land area are made under current
regulations, including:
a) For the work items having
economic and technical norms and unit prices: estimates are determined by
workload (x) unit price of product decided by the competent State management
agencies and other expenses, if any;
b) For the work items that have
not had economic and technical norms and unit prices: Based on the content and
workload need to be done, the regime of the current financial expenditure and
approved by the competent authorities.
Article 4. Decentralization
of tasks of expenses of measurement to determine the land area
The Decentralization of tasks of
expenses to the agency of natural resources and environment being
responsible for the measurement to determine the land area for sanctioning
administrative violations in the area of land shall be based on the work of
each agency as follows:
1. Departments of Natural
Resources and Environment are responsible for implementation of the measurement
to determine the violating land area for land users as domestic organizations,
religious institutions, foreign organizations and individuals, the
oversea-based Vietnamese that are assigned land, leased land to implement the
investment projects.
2. District-level Offices of
Natural Resources and Environment are responsible for implementation of the
measurement to determine the violating land area for land users as households,
individuals, the oversea-based Vietnamese owning houses attached to living land
use rights.
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The allocation of estimates and
adjustment of estimates and operation of cost estimates for measurement to
determine the land area for sanctioning administrative violations in the area
of land is made under the provisions of the Circular No.59/2003/TT-BTC dated
June 23, 2003 of Ministry of Finance guiding the implementation of the Decree
No.60/2003/ND-CP dated June 06, 2003 of the Government detailing and guiding
the implementation of the State Budget Law or documents of amendment,
supplement (if any).
Article 6. Inspection and
settlement of funds for measurement to determine the land area
1. Agencies of natural resources
and environment allocated estimate of funds for the measurement to determine
the land area for sanctioning administrative violations in the area of land are
responsible for settlement of allocated funds in accordance with the provisions
of legislation on the state budget.
2. Agencies of natural resources
and environment of higher rank are responsible for coordinating with financial
institutions to inspect, guide, handle violations (if any) for the management
and use of funds for implementation of the measurement to determine land area
for sanctioning administrative violations in the area of land as prescribed by
law to ensure the use of budget funds economically, effectively.
Chapter III
IMPLEMENTATION PROVISIONS
Article 7. Effect and
implementation organization
1. This Circular takes effect
from January 01, 2012.
2. The State agencies and
organizations related to the measurement to determine the land area for
sanctioning administrative violations in the area of land are responsible for
the implementation of this Circular.
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In the implementation process if
any problems arise, units, localities should promptly reflect to the Ministry
of Natural Resources and Environment, Ministry of Finance for consideration and
settlement./.
FOR
MINISTER OF FINANCE
DEPUTY MINISTER
Nguyen Huu Chi
FOR
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Manh Hien