Joint Circular No. 38/2004/TTLT-BTNMT-BNV guiding the functions, tasks, powers, and organizational structure of the Land Registration Office and the Land Development Fund Organization.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of the Land Registration Office and the Land Development Organization

Pursuant to the Land Law 2003;

Pursuant to Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Law on Land;

Pursuant to Decree No. 91/2002/ND-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Natural Resources and Environment and the Ministry of Home Affairs issue guidelines on the functions, tasks, powers, and organizational structure of the Land Registration Office and the Land Development Organization as follows:

I. LAND REGISTRATION OFFICE

1. Position and Functions

1.1. The Land Registration Office is established at the provincial level and district level (hereinafter referred to collectively as the provincial and district levels) and is a service agency with the function of organizing the registration of land use rights and the unified adjustment of changes in land use; managing land administration records; assisting the natural resources and environment agencies at the same level in implementing administrative procedures for land management and use in accordance with the law.

1.2. The provincial-level Land Registration Office belongs to the Department of Natural Resources and Environment, established by the People's Committee of the province or centrally-administered city upon the proposal of the Director of the Department of Natural Resources and Environment and the Director of the Department of Home Affairs; it is subject to the organization, staffing, and personnel management of the Department of Natural Resources and Environment.

1.3. The district-level Land Registration Office belongs to the District Natural Resources and Environment Office, established by the District People's Committee upon the proposal of the Head of the District Natural Resources and Environment Office and the Head of the District Home Affairs - Labor, Invalids, and Social Affairs Office; it is subject to the guidance and management of the District Natural Resources and Environment Office according to the分级任务的原因是输入文本较长，为了确保准确无误地翻译每一部分，并保持输出与输入格式一致，我将逐段进行翻译。以下是第一段的翻译结果：

For counties, districts, towns, and cities directly under provinces that do not yet have sufficient material facilities, equipment, and staff to establish a Land Registration Office due to insufficient demand for land registration, the functions of the county-level Land Registration Office shall be directly carried out by the Department of Natural Resources and Environment (except for matters handled by the single-window service reception and result delivery unit pursuant to Decision No. 181/2003/QD-TTg dated September 4, 2003 issued by the Government on the implementation mechanism of the "One-Stop Shop" at local administrative agencies).

1.4. The Land Registration Office operates as a self-financing public service entity, has its own seal, and opens accounts in accordance with current regulations.

2. Tasks and Authorities

2.1. Regarding the provincial Land Registration Office

2.1.1. Assist the Director of the Provincial Department of Natural Resources and Environment in coordinating the implementation of administrative procedures for issuing certificates of land use rights within the province for organizations, religious establishments, overseas Vietnamese residents (excluding cases involving the purchase of houses attached to residential land use rights), foreign organizations, and foreign individuals;

2.1.2. Register land use and adjust changes in land use according to the law when exercising land use rights by organizations, religious establishments, overseas Vietnamese residents (excluding cases involving the purchase of houses attached to residential land use rights), foreign organizations, and foreign individuals;

2.1.3. Establish and manage all original land records for all parcels of land within the provincial administrative boundaries; issue copies of land records from original land records to the county-level Land Registration Office and People's Committees of communes, wards, and towns;

2.1.4. Adjust original land records when there are changes in land use based on notifications from natural resources and environment agencies, county-level Land Registration Offices; transfer adjusted copies of original land records to the county-level Land Registration Office and People's Committees of communes, wards, and towns for adjustment of copies of land records;

2.1.5. Provide cadastral data to competent authorities for determining land use fees, land lease fees, and related taxes for land users who are organizations, religious establishments, overseas Vietnamese residents (excluding cases involving the purchase of houses attached to residential land use rights), foreign organizations, and foreign individuals;

2.1.6. Store and manage copies of Certificates of Land Use Rights and other documents generated during the implementation of administrative procedures specified in Point 2.1.1 Clause 2.1 herein;

2.1.7. Conduct land statistics and inventory, and prepare provincial land use status maps;

2.1.8. Develop, manage, and expand the land information system; provide cadastral maps, extracts from cadastral maps, copies of land records, and other land-related information to meet management requirements and community needs;

2.1.9. In accordance with the law, collect fees and charges in land management and use; provide paid services for land information;

2.1.10. Implement reporting systems as prescribed by current regulations regarding the performance of tasks assigned to the Department of Natural Resources and Environment;

2.1.11. Manage personnel, workers, finance, and assets of the Office in accordance with the law;

2.2. Regarding the county-level Land Registration Office

2.2.1. Assist the Head of the County Department of Natural Resources and Environment in coordinating the implementation of administrative procedures for issuing certificates of land use rights within the county for households, individuals, overseas Vietnamese residents purchasing houses attached to residential land use rights, and community groups;

2.2.2. Register land use and adjust changes in land use according to the law when exercising land use rights by households, individuals, overseas Vietnamese residents purchasing houses attached to residential land use rights, and community groups;

2.2.3. Store, manage, and update all copies of cadastral files for all land plots within the administrative boundaries of the district based on the updated original cadastral files sent by the Provincial Land Registration Office; guide and inspect the storage, management, and updating of all copies of cadastral files of the People's Committees of communes, wards, and towns.

2.2.4. Provide cadastral data to agencies responsible for determining land use fees, land lease fees, and related taxes for households, individuals, overseas Vietnamese purchasing houses with attached residential land use rights, and community groups.

2.2.5. Store and manage copies of certificates of land use rights and other documents formed during the implementation of administrative procedures as stipulated in Point 2.2.1, Clause 2.2 herein.

2.2.6. Conduct cadastral surveys of land plots; compile and inventory land and prepare land use status maps at the district and commune levels.

2.2.7. Provide cadastral maps, extracts from cadastral maps, copies of cadastral files, and other information about land to serve state management requirements and community needs.

2.2.8. Collect fees and charges in land management and use according to the provisions of the law; provide paid services for land information, extracts from cadastral maps, and copies of cadastral files.

2.2.9. Implement reporting systems as currently prescribed regarding the performance of tasks assigned to the Department of Natural Resources and Environment.

2.2.10. Manage staff, workers, and finances and assets of the Office in accordance with the provisions of the law.

3. Organization and Staffing

3.1. Organization

3.1.1. The Land Registration Office has a Director and one to two Deputy Directors. The appointment and removal of the Director and Deputy Directors are carried out according to the cadre management hierarchy of the province or centrally-administered city and in accordance with the job standards issued by the Ministry of Natural Resources and Environment.

3.1.2. The Director of the Department of Natural Resources and Environment specifies the duties, powers, and organizational structure of the Provincial Land Registration Office according to the proposal of the Director of the Land Registration Office.

3.1.3. The Chairman of the District People's Committee specifies the duties, powers, and organizational structure of the District Land Registration Office according to the proposals of the Head of the Department of Natural Resources and Environment and the Head of the Civil Service and Labor Affairs Department.

3.2. Staffing

The management and use of staffing for the Land Registration Office are regulated by the provincial People's Committee according to Decree No. 112/2004/ND-CP dated April 8, 2004, of the Government on the mechanism for managing staffing for state-run units.

II. LAND FUND DEVELOPMENT ORGANIZATION

1. Position and Functions

The land fund development organization has the function of organizing compensation, support, and resettlement for cases where the State recovers land after the land use plan has been approved and managing the land fund in urban areas and areas with urban development plans where the State has recovered but not yet allocated or leased.

The land fund development organization is established by the provincial People's Committee according to the law. In places where it is deemed necessary and meets the conditions specified by the law, a land fund development enterprise (the specific name of the enterprise is decided by the provincial People's Committee) will be established as a state-owned enterprise to perform public welfare tasks. Where state-owned enterprises are not established, a Land Fund Development Center will be set up as a self-financing public institution (the Center has its own seal and can open accounts according to current regulations).

2. Duties, Powers, and Organization, Staffing of the Land Fund Development Center

2.1. Duties, Powers

2.1.1. Carry out compensation, support, and resettlement to clear land according to the decision of the competent People's Committee to recover land after the land use plan has been approved but there are no specific projects or works.

2.1.2. Manage the land fund that the State has recovered in the following cases:

a) The land fund recovered after the land use plan has been approved but there are no specific projects or works, which the Land Fund Development Center carries out compensation, support, and resettlement to clear land as stipulated in Point 2.1.1, Clause 2.1 herein;

b) The land fund recovered by the State in the cases provided for in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article 38 of the Land Law for land in urban areas and areas with urban development plans. 38 of the Land Law for land located in urban areas and areas already planned for urban development.

2.1.3. Accept the transfer of land use rights in areas planned for land recovery when land users wish to move elsewhere before the State makes a decision to recover the land.

2.1.4. Introduce investment locations, promote investment into the managed land fund; develop plans for the use of land under management and submit them to the provincial People's Committee for approval.

2.1.5. Hand over land under management to those who have been granted land or leased land according to the decision of the provincial People's Committee.

2.1.6. Organize auctions of land use rights according to the decision of the competent state agency for land under management.

2.1.7. Use the managed land fund as a reserve land fund to regulate land demands according to the decision of the provincial People's Committee, in line with approved land use planning and plans.

2.1.8. Implement reporting systems as currently prescribed regarding the performance of assigned tasks to the supervising authority.

2.1.9. Manage staff, workers, and finances and assets of the Land Fund Development Center according to the provisions of the law.

2.1.10. Perform other tasks assigned by the provincial People's Committee.

2.2. Organization and Staffing

2.2.1. The Land Fund Development Center has a Director and one to three Deputy Directors. The Director and Deputy Directors are appointed and removed by the Chairman of the provincial People's Committee.

2.2.2. The provincial People's Committee specifies the duties, powers, and organizational structure of the Land Fund Development Center.

2.2.3. The management and utilization of the establishment quota of the Land Development Center shall be regulated by the Provincial People's Committee in accordance with Decree No. 112/2004/NĐ-CP dated April 8, 2004 of the Government on the mechanism for managing establishment quotas for state-run public service units.

3. Duties and powers of land development enterprises

Land development enterprises shall perform public welfare tasks related to land development (as stipulated for the Land Development Center under Clause 2.1, Section 2, Part II of this Circular) assigned by the provincial or centrally-administered city People's Committees (outside the business activities registered in accordance with the law).

III. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. The provincial or centrally-administered city People's Committees shall direct the establishment of the Land Registration Office and the Land Development Organization based on this Circular; they shall direct the reorganization, adjustment of duties and powers, and transfer of materials and assets serving the implementation of the duties and powers stipulated in Section 2, Part I of this Circular currently being carried out by other units under the Department of Natural Resources and Environment and the district-level People's Committees to the Land Registration Office.

Upon the establishment of the Land Registration Office, the procedures for receiving requests, files, and delivering results regarding land registration conducted under the "One-stop" mechanism as prescribed in Decision No. 181/2003/QĐ-TTg shall be transferred to the Land Registration Office for implementation.

3. The Department of Natural Resources and Environment and the Department of Home Affairs shall assist the provincial or centrally-administered city People's Committees in organizing the implementation of this Circular.

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