Decision No. 40/2010/QD-TTg On the issuance of the Model Regulation on the management and use of the Land Development Fund 40/2010/QĐ-TTg

✦ Tóm lược thông minh

Decision No. 40/2010/QD-TTg issues the Model Regulation on the management and use of the Land Development Fund, applicable to provinces and centrally governed cities. The Decision provides detailed provisions on the establishment and management of the Land Development Fund.

Đối tượng áp dụng

Provincial People's Committees, centrally governed city People's Committees

Các điểm cốt lõi

Provinces and centrally governed cities decide to establish the Land Development Fund and entrust it to the Investment Development Fund or another financial fund for management (Article 3.1)
Issue the Charter on organization and operation and the Management and Use Regulation of the Land Development Fund as prescribed in this Decision (Article 3.2)
Dedicate from 30% to 50% of land use fee revenue, land lease fee revenue, and revenue from land use right auction to establish the annual Land Development Fund (Article 3.3)
Inspect the management and use of the Land Development Fund and report to the Ministry of Finance and the Ministry of Natural Resources and Environment on the management and use of the Land Development Fund annually or when encountering issues beyond their authority (Articles 3.4-5)
Perform other tasks as stipulated in the Model Regulation on the management and use of the Land Development Fund issued together with this Decision (Article 3.6)

🌐 Tác động xã hội từ văn bản này

Positive impact: Enhance the effectiveness of the management and use of the Land Development Fund, contributing to improving infrastructure quality and local economic development.
Negative impact: May increase management costs for provinces and centrally governed cities.

❓ Câu hỏi thường gặp

How much percentage can provinces and centrally governed cities allocate from land use fee revenue to establish the Land Development Fund?

Provinces and centrally governed cities can allocate from 30% to 50% from land use fee revenue, land lease fee revenue, and revenue from land use right auction (Article 3.3).

Who does this Decision apply to?

This Decision applies to Provincial People's Committees and centrally governed city People's Committees (Article 3).

What must provinces and cities do to manage the Land Development Fund?

Provinces and cities must decide to establish the Land Development Fund; issue the Charter on organization and operation and the Management and Use Regulation of the Land Development Fund as prescribed (Articles 3.1-2).

When does this Decision take effect?

This Decision takes effect from July 1, 2010 (Article 4).

Which agencies are responsible for implementing this Decision?

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of Provincial People's Committees, centrally governed city People's Committees, and Heads of related agencies are responsible for implementing this Decision (Article 5).

Toàn văn

Pursuant to …;

Regarding the issuance of the Model Regulation on the management and use of the Land Development Fund

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on State Budget dated December 16, 2002;

Based on the Land Law dated November 26, 2003;

Pursuant to Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government on additional provisions regarding land use planning, land prices, land recovery, compensation, support, and resettlement;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1.The Model Regulation on the management and use of the Land Development Fund is issued together with this Decision.

Article 2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to direct and inspect the implementation of this Decision.

Article 3. Provincial People's Committees and municipal people's committees under the central government shall be responsible for:

1. Deciding on the establishment of the local Land Development Fund; deciding to entrust the Fund to the local Investment and Development Fund or another local financial fund to manage the Land Development Fund (if necessary);

2. Issuing the Charter regarding the organization, operation, and management and use of the local Land Development Fund in accordance with the Model Regulation on the management and use of the Land Development Fund issued together with this Decision and relevant laws;

3. Annually, provinces and centrally governed cities may allocate from 30% to 50% of the revenue from land use fees, land lease fees, and proceeds from the auction of land use rights within their respective provinces or cities (after deducting compensation, support, resettlement costs, and other related expenses) to establish the Land Development Fund. The specific allocation rate shall be decided by the provincial People's Committee based on the state budget estimate approved by the respective People's Council.

4. Directing and inspecting the management and use of the local Land Development Fund;

5. Reporting to the Ministry of Finance and the Ministry of Natural Resources and Environment on the situation of managing and using the local Land Development Fund annually or when encountering issues beyond their authority during the management and use of the Fund;

6. Performing other tasks stipulated in the Model Regulation on the management and use of the Land Development Fund issued together with this Decision.

Article 4. This Decision takes effect from July 1, 2010.

Article 5Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and centrally governed city People's Committees, and heads of relevant agencies are responsible for implementing this Decision./.

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