Joint Circular No. 83/2003/TTLT-BTC-BTN&MT guides the分级任务、管理和结算测绘地图和土地管理经费

JOINT CIRCULAR OF THE SOCIALIST REPUBLIC OF VIETNAM

MINISTRY OF FINANCE-MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT Independence - Freedom - Happiness

AND RURAL DEVELOPMENT ^{___________________________________________________________________}

^{__________________________} Hanoi, August 27, 2003

No.: 83/2003/TTLT-BTC-BTN&MT

JOINT CIRCULAR

GUIDELINES ON THE DELEGATION, MANAGEMENT, AND SETTLEMENT OF EXPENSES FOR SURVEYING AND MAPPING AND LAND ADMINISTRATION

funds for land surveying, mapping, and land administration

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;

Pursuant to Decree No. 12/2002/NĐ-CP dated January 22, 2002 of the Government on surveying and mapping activities; Decree No. 68/2001/NĐ-CP dated October 1, 2001 of the Government on land planning and land use plans;

The Ministry of Finance and the Ministry of Natural Resources and Environment hereby guide the implementation of the delegation, management, and settlement of expenses for surveying and mapping and land administration as follows:

I - General Provisions.

1. These Circulars apply to expenditures serving surveying and mapping and land administration from the state budget for economic purposes.

2. The expenses for surveying and mapping and land administration of the Ministry of Natural Resources and Environment shall be guaranteed by the central budget; the expenses for surveying and mapping and land administration of the provincial Departments of Natural Resources and Environment shall be guaranteed by the local budget.

II - Delegation of tasks for surveying and mapping and land administration expenses.

1. Tasks for the central budget:

- Establishing national coordinate and elevation networks at various levels and classes; national astronomical and gravity networks and basic cadastral networks;

- Aerial photography flights and purchasing aerial and remote sensing imagery for topographic and cadastral map compilation;

- Surveying and compiling topographic maps at various scales (on land, sea, borders, administrative boundaries);

- Surveying and compiling basic cadastral maps to provide localities with detailed cadastral map compilation;

- Provincial, regional, and national base maps;

- Editing, printing, digitizing, and printing topographic maps at various scales; provincial and national administrative maps;

- Establishing national geographic information databases and systems, national land management databases and systems;

- Managing the collection, processing, storage, updating, integration, and provision of surveying and mapping and land administration data as prescribed;

- Periodic nationwide land inventory according to the Land Law, including drafting, printing, issuing guidance documents and forms for inventory; training inventory staff at the provincial level; directing, inspecting, consolidating, and processing inventory data nationwide; preparing nationwide land use status maps and economic region maps;

- Preparing periodic national land use plans according to the Land Law;

- Consolidating and evaluating land classification nationwide and in economic regions based on local land classification results;

- Conducting surveys and developing procedures, standards, and economic-technical norms for surveying and mapping and land administration work;

- Operations of national standard reference stations, testing facilities, equipment calibration and verification, and national benchmark points;

- Professional training;

- Information dissemination and legal education on surveying and mapping and land administration;

- Procuring specialized equipment for surveying and mapping and land administration for subordinate units under the Ministry of Natural Resources and Environment;

- Other tasks serving surveying and mapping and land administration work.

2. Tasks for the local budget::

- Surveying primary and secondary cadastral networks;

- Detailed surveying and mapping of cadastral maps after receiving basic cadastral maps provided by the Ministry of Natural Resources and Environment;

- Surveying and mapping areas without basic cadastral maps;

- Compiling and printing administrative maps (excluding provincial administrative maps);

- Registering land rights, establishing files, and issuing land use right certificates;

- Annual land use status statistics;

- Periodic nationwide land inventory according to the Land Law: printing inventory documents and forms; training inventory staff at the district and commune levels; directing, inspecting, consolidating, and processing inventory data; preparing land use status maps at all levels;

- Updating land registration records and registering land changes;

- Evaluating and classifying land;

- Preparing periodic land use plans;, annual adjustment and supplementation of local land use plans;

- Managing the collection, processing, storage, updating, and provision of surveying and mapping and land administration data as prescribed;

- Procuring specialized equipment for surveying and mapping and land administration for local subordinate units;

- Professional training.

The specific assignment of tasks to the provincial, district, and commune levels shall be decided by the Chairman of the People's Committee of the province or centrally-administered city.

III - PREPARATION AND IMPLEMENTATION OF THE STATE BUDGET ESTIMATE.

The preparation and implementation of the state budget estimate for surveying and mapping and land administration expenses shall be carried out in accordance with Circular No. 59/2003/TT-BTC dated June 23, 2003 of 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 State Budget. This Circular provides additional guidance on the following points:

1. Establishment of budget projections:

- For projects and tasks with economic-technical norms: The estimate is determined by multiplying the quantity by the unit price and other costs if applicable.

The unit prices for tasks funded by the central budget shall be established and issued by the Ministry of Natural Resources and Environment after consultation with the Ministry of Finance; unit prices for tasks funded by the local budget shall be issued by the provincial People's Committees based on the economic-technical norms established by the Ministry of Natural Resources and Environment and guidance documents from the Ministry of Natural Resources and Environment and the Ministry of Finance.

- For tasks without economic-technical norms: The estimate shall be prepared based on the task requirements, workload, and current financial expenditure regulations, subject to approval by the competent authority.

- In cases involving compensation for crops, land, and property (if any), the unit shall prepare the estimate based on the local compensation rates.

2. Implementation of the state budget estimate:

2.1. Allocation of the allocated budget estimate:

a) Formulating the budget allocation plan: Based on the budget expenditure estimate assigned by the competent authority:

- The Ministry of Natural Resources and Environment shall prepare a budget allocation plan for its subordinate budget-funded units (including funds for commissioned tasks with enterprises) detailed according to expenditure items and the state budget classification.

For the task of establishing cadastral maps at the grassroots level to be provided to localities, the annual budget allocation plan must ensure balance with the plans of localities regarding continuing detailed surveying and mapping of cadastral maps.

- The Department of Natural Resources and Environment shall prepare a budget allocation plan for its subordinate budget-funded units (including funds for commissioned tasks with enterprises) detailed according to expenditure items and the state budget classification.

The budget allocation plan for subordinate budgetary units must be submitted to the Ministry of Finance (for centrally-managed units) and the Department of Finance-Price (for locally-managed units) for review. The finance authority at the same level shall be responsible for reviewing and notifying in writing the results of the review to the budget-using unit (to the Ministry of Natural Resources and Environment for centrally-managed units, to the Department of Natural Resources and Environment for locally-managed units). In case the budget allocation plan does not comply with the content of the budget assigned by the competent authority; is incorrect in terms of policies, regulations, and expenditure standards, it shall be proposed to be adjusted accordingly.

b) Budget allocation: After the budget allocation plan has been agreed upon by the finance authority:

- The Ministry of Natural Resources and Environment shall decide on allocating the budget to its subordinate units (including funds for commissioned tasks with enterprises); and send copies to the Ministry of Finance at the same level, the State Treasury Central Office, and the State Treasury where the budget-using unit conducts transactions for coordination in implementation.

- The Department of Natural Resources and Environment shall decide on allocating the budget to its subordinate units (including funds for commissioned tasks with enterprises); and send copies to the Department of Finance-Price, the Provincial State Treasury, and the State Treasury where the budget-using unit conducts transactions for coordination in implementation.

2.2. Budget adjustment:

- During the implementation process, when it is necessary to adjust budgets between units or between expenditure items, the Ministry of Natural Resources and Environment (for centrally-managed units), the Department of Natural Resources and Environment (for locally-managed units) shall issue a document to the finance authority at the same level.

- The finance authority at the same level shall review and provide comments in writing to the Ministry of Natural Resources and Environment (for centrally-managed units), the Department of Natural Resources and Environment (for locally-managed units).

- Based on the unified opinion with the finance authority at the same level, the Ministry of Natural Resources and Environment (for centrally-managed units), the Department of Natural Resources and Environment (for locally-managed units) shall decide on adjusting the allocated budget for subordinate units; and send copies to the finance authority, the State Treasury at the same level, and the State Treasury where the transaction takes place.

2.3. Quarterly budget management:

a) Budget-using unit: Based on the annual expenditure budget assigned by the competent authority, the requirements of quarterly expenditure tasks, and the progress of implementation, the budget-using unit shall prepare a quarterly budget expenditure requirement (divided by month) detailed according to the state budget classification and submit it to the superior managing authority and the State Treasury where the transaction takes place before the 20th day of the last month of the previous quarter.

b) Superior managing authority (first-level budget entity): Prepare a report on the progress of implementing assigned expenditure tasks (quantity and budget) (including commissioned tasks with enterprises); Issue a document requesting quarterly expenditure requirements (divided by month) and submit it to the finance authority at the same level before the 25th day of the last month of the previous quarter.

c) Finance authority: Based on the annual expenditure budget assigned by the competent authority and the unified budget allocation plan for subordinate budgetary units for surveying and land management costs; Based on the reports mentioned in point 2.3 above; Report on the implementation of payment and settlement of surveying and land management costs in the previous quarter from the State Treasury at the same level; Based on the budget capacity, the finance authority shall prepare a quarterly budget management plan and submit it to the State Treasury at the same level.

d) State Treasury authority: Based on the following provisions, the State Treasury authority shall implement payments and settlements for budget-using units:

- The approved budget expenditure plan by the competent authority;

- The decision approving the project, technical design, and construction budget by the competent authority;

- Contracts, orders, or work assignment documents, decisions approving tender results, or tender designation documents of the competent authority in accordance with current regulations;

- Reports on the progress of implementing expenditure tasks (quantity and budget) of the unit, including commissioned tasks with enterprises;

- Inspection certificates of completed products or steps according to the regulations of the Ministry of Natural Resources and Environment;

- Contract termination;

- Within the scope of the quarterly budget announced by the finance authority to the unit at the State Treasury where the transaction takes place;

- The budget withdrawal form signed by the head of the unit;

- Legal vouchers as prescribed by law;

For contracts or orders implemented by state-owned enterprises that have not yet been accepted and handed over according to regulations, a maximum advance payment of up to 70% of the contract value can be made. The remaining amount will be paid after acceptance and handover according to regulations.

In cases where a project has been approved for technical design, construction budget, and is being implemented according to the assigned plan, but due to changes in management purposes and requirements, location, or technical design-construction technology, the project must be re-approved by the competent authority for technical design and the construction budget must be adjusted before proceeding. If construction cannot continue, the contractor must report in writing to the superior authority and establish all legal bases to serve as the basis for issuing and settling the volume of work already completed, including:

- The decision to suspend construction by the competent authority;

- The inspection record confirming the volume of work completed by the competent authority;

- The final account report on the funds for the volume of work completed;

- Relevant payment vouchers.

IV- Inspection and settlement work.

1. Inspection work.

The Ministry of Natural Resources and Environment, provincial and municipal natural resources and environment departments shall cooperate with the financial agencies at the same level to conduct regular and spot inspections of the management and use of funds for land surveying and mapping, land management at subordinate units, to ensure that the allocated funds are used for their intended purposes and effectively.

2. Settlement work.

2.1. At the end of each quarter and year, budget-using units shall prepare final account reports on funds for land surveying and mapping and land management (including funds for commissioned tasks with enterprises) in accordance with current regulations, and submit them to the Ministry of Natural Resources and Environment (for central-level managed units) or to the provincial natural resources and environment department (for local-level managed units).

At the end of the year, unspent or partially spent budget items, and temporarily advanced funds in the budget estimate, shall be handled in accordance with the current regulations of the Ministry of Finance.

2.2. The Ministry of Natural Resources and Environment and provincial and municipal natural resources and environment departments shall review the final account reports, notify the results of the annual settlement reviews of subordinate units, compile and submit final account reports to the financial agencies at the same level in accordance with the regulations.

2.3. Financial agencies at the same level shall examine the annual final account reports and notify the results of the annual settlement examinations of the Ministry of Natural Resources and Environment and provincial and municipal natural resources and environment departments in accordance with the regulations.

V- Implementation Provisions

This Circular takes effect from January 1, 2004, and replaces Circular No. 113/1999/BTC-TCĐC dated September 23, 1999, issued by the Ministry of Finance and the Land Administration General Department, "Guidelines for the Delegation, Management, Allocation, and Settlement of Funds for Land Surveying and Mapping and Land Management."

During implementation, if there are any difficulties, units are requested to reflect these issues to the relevant ministries for study and appropriate amendments.

KT. MINISTER KT. MINISTER

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT MINISTRY OF FINANCE

Deputy Minister Deputy Minister

(Signed) (Signed)

Dang Hung Vo Nguyen Cong Nghiep

Place of Receipt:

- NATIONAL ASSEMBLY SECRETARIAT, PRESIDENTIAL PALACE SECRETARIAT, GOVERNMENT SECRETARIAT.

- STATE COMMITTEE SECRETARIAT AND PARTY BODIES.

- Supreme People's Court, Supreme People's Procuracy.

- MINISTRIES, BODIES OF THE SAME RANK AS MINISTRIES, GOVERNMENT AGENCIES.

- Official Gazette.

- To be filed: Ministry of Finance, Ministry of Natural Resources and Environment.