Joint Circular No. 227/2009/TTLT-BTC-BTNMT guiding the use of funds for land inventory activities and the creation of current land use status maps in 2010

JOINT CIRCULAR

GUIDELINES FOR THE USE OF FUNDS FOR LAND SURVEYING ACTIVITIES AND THE CONSTRUCTION OF CURRENT LAND USE MAPS IN 2010

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 10, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;
To implement Directive No. 618/CT-TTg dated May 15, 2009 of the Prime Minister on land surveying and the construction of current land use maps in 2010;
The Ministry of Finance and the Ministry of Natural Resources and Environment jointly issue guidelines for the use of funds for land surveying activities and the construction of current land use maps in 2010 as follows:

Article 1. General Provisions:

1. The scope of land surveying and the construction of current land use maps in 2010 will be conducted nationwide at each administrative level, with communes, wards, towns (hereinafter referred to collectively as commune level) being the basic units for conducting land surveys. The results of the land survey at the commune level serve as the basis for compiling data at the district, provincial, and national levels; data on land surveys of natural-economic regions are compiled from the data of land surveys of provinces and cities within those regions.

2. The objects of the land survey in 2010 include the natural area of administrative levels; the area, number of land users according to types of land and types of land users as stipulated in Article 9, Article 13 of the Land Law 2003; Article 2, Article 3, and Article 6 of Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law and the guidance of the Ministry of Natural Resources and Environment in Circular No. 08/2007/TT-BTNMT dated August 2, 2007 on the implementation of land statistics, land surveys, and the construction of current land use maps.

For land of organizations that have been allocated or leased by the state, which has already been carried out according to Directive No. 31/2007/CT-TTg dated December 14, 2007 of the Prime Minister, only a review, supplementation, and correction of changes in area and users from April 1, 2008 to the date of the land survey on January 1, 2010 (if any) will be conducted.

As for defense and security land, which has already been surveyed regarding the land fund of organizations managing and using land allocated or leased by the state according to Directive No. 31/2007/CT-TTg dated December 14, 2007 of the Prime Minister, only a review, correction, and supplementation of changes in area and users from April 1, 2008 to the date of the land survey on January 1, 2010 will be conducted, and reported according to the criteria and forms of the Ministry of Natural Resources and Environment.

3. The funds for land surveying and the construction of current land use maps in 2010 for the Ministry of Natural Resources and Environment, the Ministry of Defense, and the Ministry of Public Security will be allocated in the central budget's expenditure plan for economic affairs in 2010. The funds for land surveying and the construction of current land use maps in 2010 for localities will be allocated in the local budget's expenditure plan for economic affairs in 2010; for localities facing difficulties in funding sources, the central government will provide partial support according to the decision of the Prime Minister (if any), in the form of targeted supplementary funding from the central budget to the local budget.

The Ministry of Natural Resources and Environment will compile the demand for funds to carry out the land surveying work and the construction of current land use maps in 2010 for the Ministry of Natural Resources and Environment and localities; examine the land surveying plans of the Ministry of Public Security and the Ministry of Defense; coordinate with the Ministry of Finance to propose the level of central government support for each locality, and submit it to the Ministry of Finance for reporting to the Prime Minister for consideration and decision.

The Ministry of Public Security and the Ministry of Defense will compile the demand for funds to carry out the land surveying work for the Ministry of Public Security and the Ministry of Defense, and submit it to the Ministry of Finance for consolidation and reporting to the Prime Minister.

4. Agencies and units using funds for land surveying and the construction of current land use maps in 2010 must comply strictly with the content approved by the competent authority, manage and use funds in accordance with regulations, economically, and effectively; be subject to inspection and supervision by competent authorities; and complete the settlement of land surveying funds according to current regulations.

Article 2. Contents of expenditures for land inventory activities and construction of the 2010 land use status map:

1. Contents of expenditures at the central level:

a) Contents of expenditures implemented by the Ministry of Natural Resources and Environment:

- Developing plans for land inventory and construction of the national 2010 land use status map; special reports.

- Printing guidance materials on land inventory and training on land inventory and construction of the land use status map at the provincial level.

- Publicizing land inventory and construction of the land use status map through mass media.

- Providing remote sensing images and provincial and commune base maps to localities that do not have base maps or whose base maps do not meet the requirements stipulated by the Ministry of Natural Resources and Environment to serve land inventory and construction of the land use status map, prioritizing areas without cadastral maps, areas with administrative boundary adjustments, areas with significant changes in land use due to aquaculture development, industrial development, paddy fields, and forest lands.

- Compiling nationwide land inventory data; upgrading software for land inventory results consolidation.

- Constructing the national land use status map.

- Analyzing and evaluating changes in land use and preparing reports on the current status and changes in land use at regional and national levels;

- Preparing reports on the results of the 2010 land inventory and construction of the land use status map nationwide.

- Printing, duplicating, and archiving land inventory products.

- Summarizing and announcing the results of the 2010 land inventory and construction of the land use status map nationwide.

- Directing, guiding, and inspecting the implementation of land inventory and construction of the land use status map at the local level.

b) Contents of expenditures implemented by the Ministry of National Defense and the Ministry of Public Security:

- Developing plans for land inventory; organizing meetings to deploy and train land inventory for subordinate units.

- Printing guidance materials on land inventory and providing land inventory forms.

- Conducting reviews, corrections, and supplements to unify data on the current land use status of defense and security units.

- Directing and inspecting the implementation at subordinate units under the Ministry of National Defense and the Ministry of Public Security.

- Compiling data; reporting results; summarizing the implementation.

2. Contents of expenditures at the local level:

a) Contents of work carried out at the provincial level:

- Developing plans for land inventory and construction of the provincial land use status map (including district and commune levels).

- Organizing meetings to deploy and train specialized skills (including district and commune levels).

- Printing, duplicating, and distributing land inventory forms and base maps (including district and commune levels).

- Publicizing through mass media.

- Compiling provincial-level land inventory data.

- Constructing the 2010 provincial land use status map.

- Analyzing and evaluating changes in land use and preparing reports on the current land use status and changes in land use at the provincial level.

- Reviewing the results of district-level land inventory.

- Preparing reports on the results of provincial-level land inventory and construction of the land use status map.

- Printing, duplicating, archiving, and submitting products of land inventory.

- Directing, guiding, urging, and inspecting districts to implement land inventory and construction of the land use status map in 2010.

b) Contents of work carried out at the district level:

- Directing, guiding, urging, and inspecting communes to implement land inventory and construction of the land use status map within their jurisdiction.

- Reviewing the results of commune-level land inventory.

- Compiling land inventory data within the district.

- Constructing the district-level land use status map.

- Analyzing and evaluating changes in land use and preparing reports on the current land use status and changes in land use at the district level.

- Preparing reports on the results of land inventory and construction of the land use status map within the district.

- Printing, duplicating, archiving, and submitting products of land inventory.

c) Contents of work carried out at the commune level:

- Preparing documentation and materials for land inventory.

- Publicizing policies on land inventory.

- Reviewing and unifying data in land records (land registration books, maps for cases where land has been allocated, leased, changed in purpose, or registered for change).

- Conducting field surveys, delineating, and supplementing information on maps or images.

- Correcting information and data on maps to be consistent after field surveys and reviews of land registration books.

- Preparing land inventory data tables according to the format specified in Circular No. 08/2007/TT-BTNMT dated August 2, 2007, issued by the Ministry of Natural Resources and Environment on guidelines for land statistics, inventory, and construction of the land use status map and some other forms prescribed by the Ministry of Natural Resources and Environment.

- Constructing the commune-level land use status map.

- Analyzing and evaluating changes in land use at the commune level.

- Inspecting and confirming the compilation of commune-wide land inventory data.

- Preparing reports on the results of land inventory and construction of the land use status map at the commune level.

- Printing, duplicating, archiving, and submitting products of land inventory.

Article 3. Funding Levels:

The funding levels for conducting land inventory and creating current land use maps in 2010 shall be implemented according to the current financial expenditure regulations and certain documents listed below:

- Decision No. 20/2007/QĐ-BTNMT dated December 7, 2007, issued by the Minister of Natural Resources and Environment on economic and technical norms for statistics, land inventory, and creation of current land use maps.

- Circular Joint No. 04/2007/TTLT-BTNMT-BTC dated February 27, 2007, issued by the Ministry of Natural Resources and Environment and the Ministry of Finance on guidelines for budgeting survey and mapping costs and land management.

- Circular of the Ministry of Finance stipulating travel expense regulations and expenditure regulations for organizing meetings for state agencies and public service units.

Article 4. Budget Preparation, Execution, and Settlement:

The preparation, allocation, execution, and settlement of funds for land inventory and current land use map creation activities in 2010 shall be carried out in accordance with the provisions of the State Budget Law and its guiding documents.

This Circular provides detailed guidance on the following additional matters:

1. On Budget Preparation:

- Based on the assigned tasks for land inventory and current land use map creation, the budget estimate for implementation shall be prepared according to the following principles:

+ For items of expenditure that have economic and technical norms: The budget estimate will be determined based on the volume of work multiplied by the current unit price.

+ For items of expenditure without economic and technical norms: The budget estimate will be established based on specific volumes of work, the current state financial expenditure regulations, and approved by the competent authority.

- The Ministry of Natural Resources and Environment is responsible for preparing the budget for land inventory and current land use map creation in 2010 for activities conducted by the Ministry of Natural Resources and Environment;

- The Ministry of Defense and the Ministry of Public Security are responsible for preparing the budget for land inventory for activities conducted by the Ministry of Defense and the Ministry of Public Security;

- Provincial Departments of Natural Resources and Environment, based on the content of the work and the required volume, shall develop plans and budget estimates for land inventory and current land use map creation in 2010, detailing at provincial, district, and commune levels, submit them to the Provincial Department of Finance for review, and present them to the People's Committee of the province for approval and to the People's Council of the province for consideration and decision in accordance with current regulations.

The People's Committees of provinces and centrally-administered cities shall send their local requirements for implementing land inventory and current land use map creation in 2010 to the Ministry of Natural Resources and Environment for consolidation and proposal of central government budget support for each locality.

2. Regarding the allocation of budget estimates:

- At the central level: The Ministry of Natural Resources and Environment, the Ministry of Defense, and the Ministry of Public Security, based on the budget estimates allocated by the competent authority, the economic and technical norms issued by the competent authority, the estimated unit prices, and the current financial expenditure regulations, shall approve and allocate detailed budget estimates to the implementing units as the basis for drawing down the budget.

- At the local level: The People's Committee of the province, based on the budget estimates allocated by the competent authority, the economic and technical norms issued by the competent authority, the estimated unit prices, and the current financial expenditure regulations, shall approve and allocate budget estimates to the Provincial Department of Natural Resources and Environment (for provincial-level land inventory and current land use map creation activities), and to the People's Committee of the district (for district and commune-level land inventory and current land use map creation activities). The People's Committee of the district shall allocate budget estimates for land inventory and current land use map creation to the People's Committee of the commune (for commune-level activities).

3. Regarding the implementation of budget estimates: Units shall withdraw budget estimates from the State Treasury based on the allocated budget estimates. The State Treasury shall control expenditures according to current regulations.

Regarding the settlement of funds for land inventory and current land use map creation, it shall be carried out in accordance with the provisions of the State Budget Law and its guiding documents.

Article 5. Implementation organization:

1. The Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Public Security, People's Committees of provinces and centrally governed cities shall be responsible for directing and organizing the land inventory and the creation of the 2010 land use status map, including the management, acceptance, settlement, and final payment of completed work volumes in accordance with the State Budget Law and guiding documents.

2. This Circular takes effect 45 days from the date of issuance.

During the implementation process, if there are any difficulties, the ministries and localities are requested to report them to the Ministry of Finance and the Ministry of Natural Resources and Environment for study and resolution./.