Joint Circular No. 12/2016/TTLT-BTNMT-BTC stipulates the management, issuance, advance payment, and reimbursement of costs for measuring and determining the area of land violations.

JOINT CIRCULAR

Regulations on management, allocation, advance payment, and reimbursement of costs for measuring and determining the area of land violations

Pursuant to Article 60/2003/ND-CP dated June 6, 2003 of the Government on land management and guiding implementation of the State Budget Law;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Law on State Budget dated December 16, 2002;

Decree No. Pursuant to Decree No. 102/2014/NĐ-CP dated November 10, 2014 of the Government on administrative penalties in the field of land;detailed implementation of certain provisions of the Labor Law regarding unemployment insurance Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating functions, tasks, powers of ministries, ministerial-level agencies, and government-attached agencies; The Minister of Natural Resources and Environment and the Minister of Finance issue this Circular regulating management, allocation, advance payment, and reimbursement of costs for measuring and determining the area of land violations.

This Circular regulates management, allocation, advance payment, and reimbursement of costs for measuring and determining the area of land violations in cases specified in Clause 4, Article 5 of Decree No. 102/2014/NĐ-CP dated November 10, 2014 of the Government on administrative penalties in the field of land.1. State management agencies, specialized agencies on natural resources and environment, state inspection agencies, finance agencies, and other relevant agencies at all levels. violation act2. Land users including domestic organizations, domestic households, domestic individuals, community groups, religious organizations, foreign organizations, foreign individuals, overseas Vietnamese, and foreign-invested enterprises using land in Vietnam who have committed violations as prescribed by laws on land.

Decree No. At the proposal of the Director of the Personnel Department and the Director of the Legal Department;DECREE NO. 1982/QĐ-TTg dated October 18, 2016 of the Prime Minister approving the National Qualification Framework; 职责的职能由自然资源与环境部履行；

3. Other organizations and individuals related to measurement, management, allocation, advance payment, and reimbursement of costs for measuring and determining the area of land violations.of ministries and ministerial-level agencies The Minister of Finance promulgates this Circular amending Guideline No.c) Supplementing point c of Clause 3 as follows:

Article 3. Measurement Management for Determining the Area of Land Violations 1. Measurement to determine the area of land violations shall be carried out by units with measurement functions under the Department of Natural Resources and Environment, District Office of Natural Resources and Environment (hereinafter referred to as the measurement unit).

Article 1. Scope of Regulation

2. When it is necessary to carry out measurement to determine the area of land violations, the inspection team, inspection body, or person assigned to conduct inspections shall send a request for measurement along with a record of the land user's request to re-determine the area of land violations to the measurement unit. The record of the land user's request to re-determine the area of land violations shall be established according to Model No. 01 issued together with this Circular.

Article 2. Applicability

3. Within no more than two working days from the date of receipt of the measurement request, the measurement unit shall be responsible for implementing the measurement to establish a cadastral map or extract cadastral data to determine the area of land violations.

4. After completing the measurement to determine the area of land violations, the Department of Natural Resources and Environment shall send a preliminary budget estimate after review according to Clause 2, Article 4 of this Circular, along with a notification of the measurement results to the inspection decision-making agency and the land user who has committed violations.

The content of the notification of the measurement results to determine the area of land violations shall be established according to Model No. 02 issued together with this Circular.

Article 4. Arrangement of Advance Payment Funds and Management, Reimbursement of Costs for Measuring and Determining the Area of Land Violations

1. Advance payment funds for measuring and determining the area of land violations shall be arranged by the People's Committee at the level where the inspection decision-making agency is located upon consideration of the proposal of the financial agency and the inspection decision-making agency at the same level for each specific case requiring measurement.

In cases where the inspection decision-making agency is at the central level, the Ministry of Finance shall consider arranging advance payments for each specific case requiring measurement upon the proposal of the ministry or sector conducting the inspection.

2. After completing the required measurement, the measurement unit shall base on the volume of work completed, economic and technical norms, and measurement rates issued by competent state agencies (for items with norms), and current financial expenditure regulations (for items without norms) to prepare a preliminary budget estimate for measuring and determining the area of land violations, submit it to the Department of Natural Resources and Environment along with the measurement results for review and approval for each specific case that has been measured, and send it to the inspection decision-making agency (with the review document) to process advance payment according to Clause 1 of this Article.

If the Department of Natural Resources and Environment is the inspection decision-making agency, the Department of Natural Resources and Environment shall process the advance payment (with the reviewed preliminary budget estimate) and send it to the Department of Finance for submission to the Provincial People's Committee for consideration and advance payment.

3. Upon receiving the measurement results and the preliminary budget estimate for measuring and determining the area of land violations (after review), the inspection decision-making agency shall be responsible for notifying and urging the land user who has committed violations to pay the measurement fees to be reimbursed to the state budget.

In cases where the central agency conducts inspections, the Department of Natural Resources and Environment shall take the lead and coordinate with the inspection decision-making agency to notify and urge the land user who has committed violations to pay the measurement fees to be reimbursed to the central state budget.

The content of the notification to pay the measurement fees shall be established according to Model No. 03 issued together with this Circular.

4. Within ten days from the date of receipt of the notification to pay, the land user who has committed violations shall be responsible for paying the full amount at the time and place specified in the notification. Failure to pay on time will result in legal consequences.

5. After being allocated advance payment funds, the inspection decision-making agency shall be responsible for settling the costs for measuring and determining the area of land violations for the measurement agency that has completed the measurement as prescribed.

6. The inspection decision-making agency shall cooperate with the financial agency at the same level to report to the competent authority the reimbursement of the advance payment from the state budget after the land user who has committed violations has paid the full measurement fees as notified (with confirmation from the State Treasury).

3. After receiving the measurement results and the budget estimate for the measurement work (which has been reviewed), the inspection and supervision authority shall be responsible for notifying and urging the land user who has committed a violation to pay the measurement fee to be refunded to the State budget.

In cases where central agencies conduct inspections and supervisions, the Department of Natural Resources and Environment shall take the lead and coordinate with the inspection and supervision authority to notify and urge the land user who has committed a violation to pay the measurement fee to be refunded to the central State budget.

The content of the notification to pay the measurement fee shall be prepared according to Model No. 03 issued together with this Circular.

4. Within ten days from the date of receipt of the payment notification, the land user who has committed a violation shall be responsible for paying the full amount as specified in the notification, at the time and place indicated in the notification. Failure to make payment on time will result in legal action as provided by law.

5. Upon allocation of provisional funding, the inspection and supervision authority shall be responsible for settling the costs for determining the area of the land in violation to the measurement agency that has completed the measurement work in accordance with regulations.

6. The inspection decision-making authority shall cooperate with the financial agency at the same level to submit to the competent authority the refund of the temporarily allocated budget funds from the State budget after the land user who has committed a violation pays the full measurement fee for determining the area of the land in violation as notified (with confirmation from the State Treasury).

Article 5. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect from August 8, 2016.

2. Ministries, ministerial-level agencies, government-attached agencies; provincial People's Committees under central cities shall be responsible for organizing the implementation of this Circular.

In the course of implementation, if there are difficulties or obstacles, agencies, organizations, and individuals shall promptly report to the Ministry of Natural Resources and Environment and the Ministry of Finance for consideration and resolution./.