Joint Circular No. 39/2011/TTLT-BTNMT-BTC stipulates the management and use of funds for conducting surveys to determine land area for administrative penalties in the field of land.

JOINT CIRCULAR

Regulations on management and use of funds for conducting land area measurement to serve administrative penalties in the field of land

area of land for administrative penalty enforcement in the field of land administration

________________________

Based on the Land Law dated November 26, 2003;

According to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 105/2009/NĐ-CP dated November 11, 2009 of the Government on administrative penalties for violations in the field of land;

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; and Decree No. 19/2010/NĐ-CP dated March 5, 2010 of the Government amending and supplementing points c, d, g, h, and i of Clause 5, Article 2 of 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. 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 Decision No. 39/2008/QĐ-TTg dated March 14, 2008 of the Prime Minister promulgating the Procurement, Ordering, and Assignment Mechanism for Public Services Using State Budget Funds;

The Ministry of Natural Resources and Environment and the Ministry of Finance hereby stipulate regulations on management and use of funds for conducting land area measurement to serve administrative penalties in the field of land, as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on management and use of funds for conducting land area measurement to serve administrative penalties in the field of land as prescribed in Article 31 of Decree No. 105/2009/NĐ-CP dated November 11, 2009 of the Government on administrative penalties for violations in the field of land.

Article 2. Applicability

State management agencies, specialized agencies on natural resources and environment, finance, and other relevant agencies, organizations, and individuals related to the management and use of funds for conducting land area measurement to serve administrative penalties in the field of land.

Chapter II

MANAGEMENT AND USE OF FUNDS FOR CONDUCTING LAND AREA MEASUREMENT

Article 3. Principles of management and use of funds for conducting land area measurement

1. Funds for conducting land area measurement to serve administrative penalties in the field of land shall be guaranteed from the local budget's expenditure plan for economic services and allocated in the annual state budget expenditure plan assigned to the natural resources and environment agency under the local administration's jurisdiction.

2. Annually, the provincial and district-level natural resources and environment agencies shall be responsible for preparing the budget estimate for funds for conducting land area measurement to serve administrative penalties in the field of land according to the current provisions of the State Budget Law and guiding documents.

3. The budget estimate for funds for conducting land area measurement shall be prepared according to current regulations, including:

a) For items of work with economic and technical norms and unit prices: the budget estimate shall be determined by multiplying the volume of work by the unit price of the product decided by the competent state management authority and other expenses if any;

b) For items of work without economic and technical norms and unit prices: based on the content, volume of work to be carried out, the current financial expenditure system, and approved by the competent authority.

Article 4. Allocation of tasks for funding land area measurement

The allocation of tasks for funding the natural resources and environment agency responsible for organizing the conduct of land area measurement to serve administrative penalties in the field of land shall be based on the responsibilities of each agency as follows:

1. The Department of Natural Resources and Environment shall be responsible for organizing the conduct of land area measurement for violations against domestic organizations, religious institutions, foreign organizations, and overseas Vietnamese individuals who have been granted land use rights or leased land for investment projects.

2. The District Office of Natural Resources and Environment shall be responsible for organizing the conduct of land area measurement for violations against households, individuals, and overseas Vietnamese individuals owning houses attached to residential land use rights.

Article 5. Implementation of the State Budget Estimate

The allocation, adjustment, and management of the budget estimate for land measurement activities to serve administrative penalties in the field of land management shall be carried out in accordance with Circular No. 59/2003/TT-BTC dated June 23, 2003, issued by the Ministry of Finance, guiding the implementation of Decree No. 60/2003/NĐ-CP dated June 6, 2003, of the Government detailing and guiding the implementation of the Law on the State Budget, or any subsequent amendments and supplements (if any).

Article 6. Inspection and Settlement of Funds for Land Measurement Activities

1. The environmental resources agency responsible for the budget estimate for land measurement activities to serve administrative penalties in the field of land management shall have the responsibility to settle the allocated funds in accordance with the laws on the state budget.

2. The higher-level environmental resources agency has the responsibility to coordinate with the financial agency to inspect, guide, and handle violations (if any) related to the management and use of funds for land measurement activities to serve administrative penalties in the field of land management in accordance with the law to ensure the economical and effective use of state budget funds.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effectiveness and Implementation Organization

1. This Circular takes effect from January 1, 2012.

2. State agencies and organizations related to land measurement activities to serve administrative penalties in the field of land management shall be responsible for implementing this Circular.

3. Provincial People's Committees directly under the Central Government shall be responsible for organizing the implementation of this Circular. In case of difficulties during implementation, units and localities shall promptly report to the Ministry of Natural Resources and Environment and the Ministry of Finance for consideration and resolution./.