联合通知第39/2011/TTLT-BTNMT-BTC号规定了管理、使用资金进行土地面积测量以服务于土地领域行政违法行为处罚。本通知适用于国家管理机关、自然资源与环境专业机构、财政以及相关组织和个人。特别之处在于明确了土地面积测量资金的任务分级和决算程序。
适用范围
State management agencies, specialized agencies on natural resources and environment, finance, and related organizations and individuals involved in managing and using funds for conducting surveys to determine land area for administrative penalties in the field of land.
要点
- Provincial and district-level natural resources and environment authorities are responsible for preparing the budget estimate for conducting surveys to determine land area for administrative penalties in the field of land in accordance with the State Budget Law.
- The Department of Natural Resources and Environment is responsible for organizing the conduct of surveys to determine the area of land violations for domestic organizations, religious establishments, foreign organizations and individuals, and overseas Vietnamese who have been allocated land or leased land for investment projects.
- The Environmental Resources Office is responsible for organizing the conduct of surveys to determine the area of land violations for households, individuals, and overseas Vietnamese who own houses attached to residential land use rights.
- The allocation, adjustment, and control of the budget estimate for conducting surveys to determine land area for administrative penalties in the field of land shall be carried out in accordance with Circular No. 59/2003/TT-BTC.
- The natural resources and environment agency tasked with the budget estimate for conducting surveys to determine land area for administrative penalties in the field of land is responsible for settling accounts in accordance with the laws on state budget.
🌐 本文件的社会影响
- Positive impact: Helps ensure the accuracy and objectivity in surveying land area, thereby enhancing the effectiveness of administrative penalties in the field of land.
- Negative impact: May impose additional financial burdens on state management agencies when implementing new budget estimates.
- Organizations and individuals related to the surveying of land area will be directly affected and need to comply with regulations to avoid administrative violations.
❓ 常见问题
Which agency is responsible for preparing the budget estimate for conducting surveys to determine land area?
Provincial and district-level natural resources and environment authorities are responsible for preparing the budget estimate in accordance with the State Budget Law.
How is the task of funding for surveying land area divided?
The Department of Natural Resources and Environment is responsible for organizing the conduct of surveys for domestic organizations, religious establishments, foreign organizations and individuals, and overseas Vietnamese. The Environmental Resources Office is responsible for households, individuals, and overseas Vietnamese.
How is the budget estimate for surveying land area allocated?
The allocation of the budget estimate is carried out in accordance with Circular No. 59/2003/TT-BTC of the Ministry of Finance.
Which agency is responsible for settling accounts for conducting surveys?
The natural resources and environment agency tasked with the budget estimate for conducting surveys to determine land area is responsible for settling accounts in accordance with the laws on state budget.
How is inspection and handling of violations conducted?
Higher-level natural resources and environment agencies cooperate with financial agencies to inspect, guide, and handle violations (if any) regarding the management and use of funds for conducting surveys to determine land area.
全文
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
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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./.
DEPUTY MINISTER
DEPUTY MINISTER
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