Joint Circular No. 01/2010/TTLT-BTNMT-BNV-BTC guiding the functions, tasks, powers, organizational structure, and financial mechanism of Land Development Organizations.

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Joint Circular No. 01/2010/TTLT-BTNMT-BNV-BTC guides the functions, tasks, powers, organizational structure, and financial mechanism of Land Development Organizations at provincial and district levels. This document details activities related to compensation, support for resettlement; establishment and management of land funds; infrastructure investment; and sources of revenue and expenditure.

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Provincial and District Land Development Organizations

Các điểm cốt lõi

The provincial-level Land Development Organization is a unit under the Department of Natural Resources and Environment, while the district-level organization is a unit under the People's Committee of the province.
The functions of the Land Development Organization include implementing compensation, support for resettlement; establishing and managing land funds; investing in infrastructure construction; and auctioning land use rights.
The Land Development Organization has the rights to provide services, advise, joint venture, and associate with economic organizations and individuals.
The tasks of the Land Development Organization include formulating plans for land fund utilization, managing reclaimed land funds, establishing and implementing infrastructure investments.
The organizational structure includes a Director and not more than two Deputy Directors; up to three specialized and operational departments.
Financial resources include state budget funding, income from public service activities, loans, aid, and other sources as prescribed by law.
Regular expenses according to the law, non-regular expenses for scientific and technological tasks, staff training, and basic construction investment.

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Positive impacts: Enhancing the efficiency of land management and use; supporting resettlement; stabilizing the real estate market.
Negative impacts: May impose a financial burden on local budgets if revenues are insufficient to cover costs.

❓ Câu hỏi thường gặp

What rights does the Land Development Organization have?

The Land Development Organization is entitled to provide legal documents, advice, services, joint ventures, and associations with economic organizations and individuals.

What does the organizational structure of the Land Development Organization consist of?

It consists of a Director (and not more than two Deputy Directors), up to three specialized and operational departments.

What activities can the Land Development Organization carry out?

Activities include: compensation, support for resettlement; establishment and management of land funds; infrastructure investment; auctioning land use rights.

Where does the financial resource of the Land Development Organization come from?

Financial resources include state budget funding, income from public service activities, loans, aid, and other sources as prescribed by law.

What are the regular and non-regular expenses of the Land Development Organization?

Regular expenses according to the law; non-regular expenses for scientific and technological tasks, staff training, and basic construction investment.

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JOINT CIRCULAR

Guidelines on functions, tasks, powers, organizational structure, and financial mechanisms of land development organizations

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government stipulating additional provisions on land planning, land prices, land recovery, compensation, support, and resettlement;

The Ministry of Natural Resources and Environment, the Ministry of Home Affairs, and the Ministry of Finance issue guidelines on the functions, tasks, powers, organizational structure, and financial mechanisms of land development organizations as follows:

PART I

FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE

Article 1. Position and Functions

1. Land development organizations are established at provincial level and district level, with the function of organizing the implementation of compensation, support, and resettlement; creating land funds for auctioning land use rights to serve economic and social development and stabilize the real estate market; receiving transfers of land use rights; developing resettlement areas; investing in infrastructure construction on land; auctioning land use rights; tendering projects using land; managing land funds that have been recovered, received transfers, created, developed, and providing services in the field of compensation and clearance of land;

2. Provincial-level land development organizations are units under the Department of Natural Resources and Environment, established by the provincial People's Committee upon the proposal of the Department of Natural Resources and Environment Director and the Department of Home Affairs Director. District-level land development organizations are units under the district People's Committee, established by the provincial People's Committee upon the proposal of the district People's Committee Chairman and the Department of Home Affairs Director.

3. Land development organizations are self-financing public service units that partially or fully cover their operational costs, having legal personality, separate offices and seals; they are allowed to open accounts at State Treasury and credit institutions to operate in accordance with the law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Land development organizations have the following tasks:

a) Organizing the implementation of compensation, support, and resettlement when the State recovers land;

b) Creating and developing land funds for auctioning land use rights; serving economic and social development; serving educational and training, vocational training, healthcare, cultural, sports, environmental, and other local needs; stabilizing the real estate market;

c) Receiving transfers of land use rights from organizations, households, and individuals in accordance with the law;

d) Developing resettlement areas and houses to serve land recovery for project implementation;

đ) Organizing the implementation of investment in infrastructure construction on managed land for auctioning;

e) Managing land funds that have been cleared, received transfers, created, and developed; land houses built for resettlement and land recovered according to Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article 38 of the Land Law in urban areas and areas planned for urban development but not yet assigned investment projects or auctioned land use rights;

g) Organizing the implementation of land use rights auctions and project tenders using land in accordance with the law;

h) Preparing plans for the use of managed land funds and investment plans and projects to create and develop land funds for submission to competent authorities for decision;

i) Providing services in the field of compensation and clearance of land; providing information about investment locations, land prices, and land funds to organizations and individuals upon request;

k) Implementing tasks according to programs, plans, schemes, projects, and service activities consistent with assigned tasks and specialized fields;

l) Cooperating with relevant agencies, organizations, and individuals to implement assigned tasks;

m) Performing other tasks as decided by competent authorities.

2. Land development organizations have the following powers:

a) Being provided with documents on national policies and laws and other related materials concerning assigned tasks;

b) Advising and providing services in fields appropriate to assigned functions and tasks for organizations and individuals;

c) Jointly operating with economic organizations and individuals to implement tasks and services according to decisions of competent authorities;

d) Hiring consultants to perform tasks within assigned functions and tasks.

Article 3. Organizational Structure

1. Organization Land development organizations shall have a Director and no more than two Deputy Directors; the appointment and removal of Directors and Deputy Directors shall be carried out according to the分级 management of cadres by the provincial people's committee, in accordance with the standards and positions prescribed by law.

2. Land development organizations may establish a maximum of three professional departments; the number of professional departments established shall be based on the characteristics of each locality and the tasks of the land development organization.

The Department of Natural Resources and Environment Director shall specify the tasks, powers, and organizational structure of provincial-level land development organizations after reaching consensus with the Department of Home Affairs Director; the district People's Committee Chairman shall specify the tasks, powers, and organizational structure of district-level land development organizations according to the proposal of the land development organization Director and the Head of the Home Affairs Office at the district level.

Article 4. Establishment

The staffing of land development organizations is public service staffing determined by the provincial People's Committee. The management and use of staffing of land development organizations shall be implemented in accordance with Decree No. 112/2004/NĐ-CP dated April 8, 2004 of the Government on the mechanism for managing staffing for state public service units; Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government on the right to autonomy and responsibility for implementing tasks, organizational structures, staffing, and finance for public service units, and guiding documents for these Decrees.

Chapter II

FINANCIAL MECHANISM

Article 5. Financial sources for use

1. Budget funds allocated by the State budget in accordance with Article 14 of Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government on autonomy and self-responsibility for the implementation of tasks, organizational structure, staffing, and finance for public service units and guiding documents for this Decree.

2. Revenue from public service activities, including:

a) Funding for the organization and implementation of compensation, support, and resettlement in accordance with Article 26 of Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government on additional provisions regarding land planning, land prices, land recovery, compensation, support, and resettlement;

b) Project management funding for investment construction projects in accordance with Decree No. 112/2009/NĐ-CP dated December 14, 2009 of the Government on project cost management;

c) Management funding for land funds that have been recovered, transferred, established, developed, and housing land funds that have been constructed to serve resettlement, as decided or approved by competent state authorities;

d) Auction fees, proceeds from selling auction documents for land use rights (including land with attached assets) in accordance with current laws and specific regulations of the provincial People's Committee;

đ) Tendering fees, proceeds from selling tender documents for projects using land in accordance with Circular No. 03/2009/TT-BKH dated April 16, 2009 of the Ministry of Planning and Investment guiding the selection of investors to implement projects using land and specific regulations of the provincial People's Committee;

e) Dividends from joint venture and joint operation activities; interest from deposits No. 61/2020/QH14;

g) Revenue from service activities performed under contracts and legal provisions;

h) Revenue from other public service activities in accordance with legal provisions.

3. Capital advanced from the State budget, from the Land Development Fund to carry out tasks as decided by the provincial People's Committee.

4. Loans from credit organizations.

5. Capital from joint ventures and joint operations to implement programs, plans, projects, and proposals approved by competent authorities.

6. Aid, grants, and other sources in accordance with legal provisions.

Article 6. Content of Expenditure

1. Regular expenditures in accordance with Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government on autonomy and self-responsibility for the implementation of tasks, organizational structure, staffing, and finance for public service units and guiding documents for implementing this Decree.

2. Irregular expenditures, including:

a) Expenditures for scientific and technological tasks; training and cadre development; national target programs; counterpart funds for implementing projects with foreign capital according to regulations; urgent tasks assigned by competent authorities; reduction of staff in accordance with state regulations (if applicable); basic construction investment, procurement of equipment, major repairs of fixed assets when implementing projects approved by competent authorities; projects from foreign aid funds and joint venture and joint operation activities in accordance with current regulations;

b) Expenditures for organizing and implementing compensation, support, and resettlement; establishing and developing land funds; transferring land use rights; managing land funds that have been recovered, transferred, and established; managing resettlement housing and land funds; auctioning land use rights; tendering for projects using land; infrastructure construction investment; construction of resettlement areas and other infrastructure projects according to programs, plans, projects, proposals, and budgets approved by competent authorities;

c) Other expenditures in accordance with legal provisions.

Article 7. Management and settlement of sources of funds for advance payment or mobilization

1. For sources of funds for advance payment from the State budget to implement tasks specified in points a, b, c, d, and đ Clause 1, Article 2 of this Circular shall be managed, settled, and repaid according to the provisions of the law on the State budget.

2. For sources of funds for advance payment from the Land Development Fund to implement tasks specified in points a, b, c, d, and đ Clause 1, Article 2 of this Circular shall be implemented according to the regulations on management and use of the Land Development Fund at the local level.

3. For sources of borrowed funds from credit organizations shall be carried out according to the borrowing regulations of credit organizations.

4. For joint venture and cooperative sources of funds shall be carried out according to the decision of the People's Committee of the province and the signed joint venture and cooperative contracts.

5. Strictly prohibit the use of funds for advance payment from the State budget or from the Land Development Fund for purposes not within the assigned functions and tasks.

Article 8. Utilization of results of activities and financial reporting

1. Quarterly and annually, after covering all expenses, paying taxes, and other payments as prescribed (if applicable), any surplus revenue over expenditure shall be distributed: at least 25% shall be set aside to establish a development fund; additional income shall be paid to employees, and contributions to the Reward Fund, Welfare Fund, and Income Stabilization Reserve Fund shall be made according to Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government on self-management and responsibility for implementing tasks, organizational structure, staffing, and finance for public service units and guiding documents for the implementation of this Decree.

2. The preparation and allocation of budget estimates, financial reporting, inspection, and final accounting of financial resources shall be carried out according to current laws.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

1. This Circular takes effect from February 22, 2010.

2. Abolish the provisions in Section II of the Joint Circular No. 38/2004/TTLT-BTNMT-BNV dated December 31, 2004 of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs guiding the functions, tasks, authorities, and organization of the Land Registration Office and the Land Development Organization.

Article 10. Implementation Organization

Provincial People's Committees, municipalities directly under the Central Government, based on this Joint Circular, shall direct the establishment of provincial and district land development organizations in accordance with the actual situation in their locality; simultaneously stipulate responsibilities for implementation, coordination among departments, People's Committees of districts, towns, cities, and counties; People's Committees of communes, wards, towns, and other related organizations inthe locality in implementing tasks and resolving matters to ensure that the land development organization in the locality operates effectively.

During the implementation process, if there are difficulties or obstacles, the People's Committees of provinces and centrally-administered municipalities shall promptly report to the Ministry of Natural Resources and Environment, the Ministry of Home Affairs, and the Ministry of Finance for consideration and resolution./.

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Joint Circular No. 01/2010/TTLT-BTNMT-BNV-BTC guiding the functions, tasks, powers, organizational structure, and financial mechanism of Land Development Organizations.

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Joint Circular No. 01/2010/TTLT-BTNMT-BNV-BTC guiding the functions, tasks, powers, organizational structure, and financial mechanism of Land Development Organizations.

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