Joint Circular No. 15/2015/TTLT-BTNMT-BNV-BTC guiding the functions, tasks, powers, organizational structure, and operational mechanisms of the Land Registration Office under the Department of Natural Resources and Environment.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, organizational structure, and operational mechanisms
of land registration officesof VThe Minister of Natural Resources and Environment, the Minister of Home Affairs, and the Minister of Finance issue this Circular to guide the functions, tasks, powers, organizational structure, and operational mechanisms of land registration offices under provincial Departments of Natural Resources and Environment.
the Ministry of Natural Resources and Environment Provincial People's Committees set specific pricesin Tenvironment Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…ENVIRONMENT

__________________________

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

1. Land registration offices are public service units under provincial Departments of Natural Resources and Environment, with the function of registering land, housing, and other assets attached to land; building, managing, updating, and uniformly amending cadastral records and land databases; conducting land statistics and land inventory, and providing land information to organizations and individuals as prescribed by law.

Article 1. Position and Functions

2. Land registration offices have legal personality and their own seals; they are provided with offices, equipment for work, and bank accounts as prescribed by law.

1. Implement land registration for land managed by the State, registration of land use rights, ownership of housing, and other assets attached to land.

Article 2. Tasks and Authorities

2. Issue initial certificates, replace, and reissue Certificates of Land Use Rights, Ownership of Housing, and Other Assets Attached to Land (hereinafter referred to as Certificates).

3. Register changes in land managed by the State, land use rights, ownership of housing, and other assets attached to land.

4. Establish, amend, update, store, and manage cadastral records; receive and manage the use of Certificate blanks as prescribed by law.

5. Update, amend, synchronize, and exploit land data; build and manage land information systems as prescribed by law.

6. Conduct land statistics and land inventory, and prepare current land use maps; amend cadastral maps; extract cadastral maps.

7. Check cadastral survey records of land parcels; check and confirm floor plans of housing and other assets attached to land provided by organizations and individuals for registration and issuance of Certificates.

8. Register collateral transactions using land use rights, ownership of housing, and other assets attached to land as prescribed by law.

9. Provide land records, maps, information, and data on housing and other assets attached to land to organizations and individuals as prescribed by law.

10. Collect fees and charges as prescribed by law.

11. Provide services based on functions and tasks in accordance with their capacity as prescribed by law.

12. Manage staff, laborers, finance, and property of the land registration office as prescribed by law; implement reporting systems as currently in force and report on the implementation of assigned tasks in various fields of work.

1. Leadership of the land registration office

Article 3. Organizational Structure

The land registration office has a Director and not more than two Deputy Directors. The appointment and removal of the Director and Deputy Directors of the land registration office are carried out according to the provisions of law and the delegation of the People's Committee of the province (hereinafter referred to as the Provincial People's Committee), in accordance with the prescribed job standards.

a) Administrative and General Affairs Department;

2. Structure

b) Planning and Finance Department (the Provincial People's Committee considers and decides to establish this department for land registration offices with fifteen branches or more);

c) Registration and Issuance Department;

d) Information and Archives Department;

e) Technical Cadastral Department;

f) Branches of the land registration office. Branches of the land registration office located in districts, counties, towns, and cities within provinces are dependent budgetary units; they have their own seals and are provided with offices and equipment for work as prescribed by law. Each branch has a Director, not more than two Deputy Directors, and specialized departments. The Provincial People's Committee determines the number of branches of the land registration office.

The Director of the Department of Natural Resources and Environment stipulates the functions, tasks, powers, and organizational structure of the land registration office and its branches; implements the appointment and removal of Heads and Deputy Heads of the land registration office and Directors and Deputy Directors of its branches according to the provisions of law and the management delegation of cadres by the Provincial People's Committee, in accordance with the prescribed job standards.

3. The staffing and number of employees of the land registration office are allocated based on the job position plan linked to functions, tasks, scope of activities, and within the total staffing and number of employees of the province or centrally-administered city approved by the competent authority.

3. The staffing establishment and number of personnel of the Land Registration Office shall be assigned based on the job position plan tied to its functions, tasks, scope of operation, and within the total staffing establishment and number of personnel of the province or centrally governed city approved by the competent authority.

Article 4. Operation Mechanism

1. The Land Registration Office implements the autonomy mechanism for public service units.

2. Sources of funding for the Land Registration Office

a) Funding guaranteed by local budget, including: - Operating expenses to ensure regular activities in accordance with the functions and tasks of the Land Registration Office (after balancing with revenue from public services) as stipulated currently; - Funding for tasks assigned by competent state agencies, urgent tasks assigned by authorized authorities; - Capital investment for basic construction, procurement of equipment, major repairs of fixed assets serving the unit's public service activities according to approved projects; - Other funding.

b) Revenue from public services, including:

- Portion of fees and charges retained for the unit's use in accordance with state regulations;

- Income from service activities appropriate to the unit's expertise and capacity;

- Other income (if any).

c) Expenditure items, including:

- Regular expenditure, including: regular expenditure according to the functions and tasks assigned by authorized authorities, regular expenditure serving the collection of fees and charges by the unit, including: salaries; wages; allowances; social insurance, health insurance, unemployment insurance, trade union fees as stipulated currently; public services; office supplies; professional expenditure; regular maintenance of fixed assets and other expenditures as prescribed;

- Service activity expenditure, including: salaries; wages; allowances; social insurance, health insurance, unemployment insurance, trade union fees as stipulated currently; raw materials; depreciation of fixed assets; repair of fixed assets; tax payments as required by law; other expenditures (if any);

- Non-regular expenditure, including:

+ Expenditure for tasks assigned by state agencies, urgent tasks assigned by authorized authorities. For tasks with economic and technical norms, the unit price issued by authorized authorities shall be implemented according to the prescribed unit price and actual volume. For tasks without economic and technical norms, the budgeted unit price shall be implemented according to the current financial expenditure regime of the State and approved by authorized authorities;

+ Capital investment for basic construction, procurement of equipment, major repairs of fixed assets serving the unit's public service activities according to approved projects;

+ Other expenditure.

Article 5. Coordination Mechanism

1. Coordination between the Land Registration Office, Branches of the Land Registration Office, the Natural Resources and Environment Department, District People's Committees, County People's Committees, City People's Committees under provinces (hereinafter referred to as District People's Committee), finance agencies, tax agencies, and other relevant agencies and units in performing the functions, tasks, and powers of the Land Registration Office shall follow the following principles:

a) Ensuring synchronous, unified, strict, timely, transparent, and open implementation;

b) Clearly defining the leading agency, coordinating agency; responsibilities and powers of the heads of agencies and units; content, deadlines, and methods of implementation; information and reporting systems;

c) Adhering to current legal provisions; being consistent with the functions, tasks, powers, organizational operation regulations of each agency and unit.

2. Coordination between the Land Registration Office, Branches of the Land Registration Office, the Natural Resources and Environment Department, District People's Committees, finance agencies, tax agencies, and other relevant agencies and units shall be carried out in accordance with the coordination regulation issued by the Provincial People's Committee ensuring the principles stipulated in Clause 1 of this Article and guidelines from the Ministry of Finance and the Ministry of Natural Resources and Environment regarding the dossier and procedures for receiving and circulating dossiers of land users when fulfilling their financial obligations related to land.

Article 6. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from May 19, 2015, and replaces Circular No. 05/2010/TTLT-BTNMT-BNV-BTC dated March 15, 2010, of the Ministry of Natural Resources and Environment, the Ministry of Home Affairs, and the Ministry of Finance guiding the functions, tasks, powers, organization, staffing, and financial mechanisms of the Land Registration Office. The provisions of Article 4 of this Circular shall be implemented until new regulations on autonomy mechanisms for public service units in the economic public service sector and other public services are issued.

2. Provincial People's Committees are responsible for:

a) Decision on establishing the Land Registration Office based on the merger of the Land Registration Office under the Department of Natural Resources and Environment and existing Land Registration Offices under the Natural Resources and Environment Departments at the local level, ensuring no increase in staffing; transferring the original status of plans, tasks, state budget funds, other sources of capital, assets, offices, equipment, files, documents, and related data of the district-level Land Registration Office to the Land Registration Office;

b) Based on the guidance of this Joint Circular, directing the establishment and consolidation of the Land Registration Office in line with work requirements and local characteristics.

3. Provincial People's Committees have the responsibility to implement this Joint Circular. During the implementation process, if there are difficulties or obstacles, localities should report to the Ministry of Natural Resources and Environment for unified consideration and resolution by the Ministry of Home Affairs and the Ministry of Finance./.