Thông tư liên tịch 05/2010/TTLT-BTNMT-BNV-BTC

JOINT CIRCULAR

GUIDING THE FUNCTIONS, DUTIES, POWERS, ORGANIZATION, PERSONNEL AND FINANCIAL MECHANISM OF LAND USE RIGHT REGISTRATION OFFICE

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

Pursuant to Decree No. 181/2004/ND-CP of October 29, 2004 of the Government on the implementation of the Land Law and Decree No. 17/2006/ND-CP of January 27, 2006 of the Government amending and supplementing a number of articles of Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies;

Pursuant to Decree No. 25/2008/ND-CP of March 4, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 48/2008/ND-CP of April 17, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 118/2008/ND-CP of November 27, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 88/2009/ND-CP of October 19, 2009 of the Government stipulating the issuance of certificate of land use right, ownership of houses and other assets attached to land.

Ministry of Natural Resources and Environment, Ministry of Home Affairs, Ministry of Finance guiding the functions, tasks, powers, organizations, structure, personnel and the financial mechanism of the land use right registration Office as follows:

Article 1. Location and function

1. The land use right registration Office is established in central-affiliated provinces and cities (hereinafter referred to as provincial level) and districts, towns and provincial-affiliated cities (hereinafter referred to as district level) is a public non-business unit having functions to organize the implementation of registration for the granting certificate of land use right, ownership of houses and other assets attached to land; adjust changes in land use, houses and other assets attached to land, build and manage cadastral records in accordance with law.

2. The provincial-level land use right registration Office is under the Service of Natural Resources and Environment and established by the provincial-level People's Committee at the proposal of the Director of the Service of Natural Resources and Environment and Director of the Service of Home Affairs. The district-level land use right registration Office is under the Division of Natural Resources and Environment and established by the district-level People's Committee at the proposal of the Head of Division of Natural Resources and Environment and Head of Division of Home Affairs.

3. The land use right registration Office has its own seal and opens account in accordance with law.

Article 2. Duties and powers

1. The provincial-level land use right registration Office

a) Implementing procedures for granting certificate of land use right, ownership of houses and other assets attached to land (hereinafter referred to as the certificate) in the provincial areas for organizations, religious establishments Vietnamese people residing abroad (except for the case of house possession in Vietnam), foreign organizations and individuals as prescribed by law;

b) Registering land use right, ownership of houses and other assets attached to land and adjusting changes on land, houses and other assets attached to land as prescribed by law for the organizations, religious establishments, the Vietnamese people residing abroad (except for the case of house possession in Vietnam), foreign organizations and individuals;

c) Preparing and managing the entire cadastral record for all land lots in the provincial-level area; granting cadastral records to district-level land use right registration Office and People's Committees of communes, wards and townships (hereinafter referred to as communal level); building and managing cadastral database and developing land information systems; reviewing the cadastral attribute data entry during the implementation of procedures for registration of changes on land, houses and other assets attached to land;

d) Adjusting cadastral records and cadastral database upon changes on land use and ownership of assets attached to land; sending notice of adjustment of changes for the cases of fluctuation under the provincial-level competence to district-level land use right registration Office and communal-level People's Committee to adjust cadastral records;

e) Providing cadastral data to the agency having function to determine the rate of land use levy, land rent, taxes related to land and assets attached to land for land users, owners of assets attached to the land as organizations, religious establishments, the Vietnamese people residing abroad (except for the case of house possession in Vietnam), foreign organizations, foreign individuals;

g) Archiving and managing reserved copy and photocopy of certificate and other documents formed in the process of performing the tasks as prescribed;

h) Assuming the prime responsibility and coordinating with land use right registration Office at district and communal-level People's Committee to organize the registration of changes and synchronous adjustment in cadastral records at all levels for the case of changes on land but unregistered changes;

i) Implementing cadastral measurement of the land lot, housing land area and other assets attached to land; checking the quality of cadastral measurement documents of the land lot, land area and assets attached to land provided by the land users before use and management;

k) Performing land statistics and inventory and mapping the provincial-level present condition of land use;

l) Providing cadastral map, making an extract of cadastral map and a certified extract copy of cadastral records and other information on land and assets attached to land in service of state management requirements and needs of the community.

m) Collecting fees and charges and services on providing land information; cadastral measurement of the land lot, land area and assets attached to land, making an extract of cadastral map and a certified extract copy of cadastral records as prescribed by law;

n) Checking the update and adjustment of cadastral records under management. The cadastral records shall be handled by the district-level land use right registration Office.

o) Managing officials, laborers, finance and assets belonging to the Office as prescribed by law;

p) Performing reporting regime as prescribed by current regulations;

q) Performing other tasks assigned by Director of Service of Natural Resources and Environment.

2. District-level land use right registration Office

a) Performing procedures for granting of certificate in district-level area for family households, individuals, Vietnamese people residing abroad entitled to own houses in Vietnam as prescribed by law.

b) Registering land use right, ownership of houses and other assets attached to land; adjusting changes on land, houses and other assets attached to land in accordance with the law for residential communities, households, individuals, Vietnamese people residing abroad entitle to own houses in Vietnam;

c) Archiving, managing and adjusting the entire cadastral records and cadastral attribute database for all land lots in the district-level area; sending notice of adjustment of changes to the provincial-level land use right registration Office and communal-level People's Committee to adjust the cadastral records for cases under their competence; checking the update and adjusting the cadastral records of the communal-level People's Committee;

d) Providing cadastral data to the authorities to determine the rate of land use levy, land rent, taxes related to land and other assets attached to land to the users, owners of assets attached to land as residential communities, family households, individuals and Vietnamese people residing abroad entitled to own houses in Vietnam;

e) Archiving, managing reserved copies and copies of certificates and other documents in performing tasks as prescribed;

g) Implementing cadastral measurement of the land lot, the land area and assets attached to land; checking quality of documents of cadastral measurement of the land plot provided by the land user prior to the use and management;

h) Performing land statistics and inventory and mapping the district and communal -level present condition of land use;

i) Providing extract of cadastral map, certified extract copy of cadastral records and other information on land and assets attached to land in service of state management requirements and needs of the community.

k) Collecting fees and charges and services on providing land information and assets attached to land, taking cadastral measurement of the land lot, making an extract of cadastral map and a certified extract copy of cadastral records as prescribed by law;

l) Managing officials, laborers, finance and assets belonging to the Office as prescribed by law;

m) Performing reporting regime as prescribed by current regulations;

n) Performing other tasks assigned by Director of Service of Natural Resources and Environment.

Article 3. Organization

1. The land use right registration Office has a Director and not more than 02 (two) Deputy Directors. The appointment and dismissal of the Director and Deputy Director of the Office is executed by the official management decentralization of provincial-level People's Committee and in accordance with title standard in accordance with the law.

2. The provincial-level land use right registration Office may establish some professional departments. The number of professional department shall depend on characteristics of each locality and in accordance with the duties of the Office.

Director of Service of Natural Resources and Environment shall specify the duties, powers and organizational structure of the provincial-level land use right registration Office at the proposal of the Director of the Office.

Chairman of district-level People's Committee shall specify the duties, powers and organization of the district-level land use right registration Office at the proposal of the Head of the Division of Natural Resources and Environment and Head of Division of Home Affairs.

Article 4. Personnel

The personnel of land use right registration Office is non-business personnel decided by provincial-level People’s Committee. The use and management of personnel of the Office comply with provisions in Decree No. 112/2004/ND-CP of April 08, 2004 of the Government stipulating mechanism of personnel management for State non-business units; Decree No. 43/2006/ND-CP of April 25, 2006 of the Government stipulating the autonomy and self-responsibility on implementation of tasks, organization of structure, personnel and finance for public non-business units and the guiding documents of these Decrees.

Article 5. Financial mechanism

1. Provincial and district-level land use right registration Office shall comply with the financial mechanism as prescribed in Decree No. 43/2006/ND-CP of April 25, 2006 of the Government stipulating the autonomy and self-responsibility on implementation of tasks, organization of structure, personnel and finance for public non-business units and the current guiding documents

2. Funds of provincial and district-level land use right registration Office

a) Funds allocated by state budget including:

- Funds ensuring regular activities to perform the functions and tasks for provincial and district-level land use right registration Office covering part of the cost of operation (after balance with the non-business revenues); units under the coverage of all operating costs of the State budget;

- Funds for implementation of the tasks set by the state agency authorized to order, unexpected tasks assigned by the competent authority;

- Capital construction, equipment procurement fund, major repairs of fixed assets in service of non-business activities of the units under the project approved by the competent authority;

- Other funds

b) Non-business revenues, including:

- Portion of proceeds from fees and charges to be left to the unit for use as prescribed by the State (fee of exploitation and use of land documents and assets attached to land; cadastral surveying fee; appraisal fee for granting of  certificates; cadastral fee; secured transactions registration fee);

- Revenues from service activities consistent with professional areas and capability of the unit;

- Other revenues (if any): interest from bank deposit from service activities and other legal revenues as prescribed by law.

c) Expenditure contents including:

- Regular expenditure including: regular activities according to the functions and tasks assigned by the competent authority, expenditure for regular activities in service of the collection of fees and charges of the unit, including: salaries and wages; the allowances; social insurance deductions, health insurance, union funds in accordance with current regulations; public services; stationery; professional expenditure; regular repair of fixed assets and other expenditures under the regulations;

- Expenditure for service activities  including: salaries and wages; allowances; social insurance deductions, health insurance, union funds in accordance with current regulations; fuels and raw materials; depreciation of fixed assets; repair of fixed assets; expenditure of tax payable under the regulations of law and other expenditures (if any);

- Irregular expenditure including:

+ Expenditure for implementation of the tasks ordered by the competent State agencies, unexpected tasks assigned by the competent authority. For tasks with technical and economic norms, the unit price issued by the competent authority shall comply with the unit price stipulated and the actual volume performed. For tasks without technical economic norms and estimated unit price shall comply with the regulation on current financial expenditure of the state and approved by the competent authority.

+ Expenditure for capital construction, procurement of equipment and major repairs of fixed assets for non-business activities of the units under the project approved by the competent authority;

+ Other expenditures

Article 6. Effect and responsibility for execution

1. This Joint Circular takes effect on May 1, 2010.

2. Annulling the provisions in Section I of Circular No. 38/2004/TTLT-BTNMT-BNV of December 31, 2004 of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs guiding the functions, tasks, powers and organizational structure of land use right registration Office and land fund development organization.

3. People's Committees of central-affiliated provinces and cities shall base on the this joint circular to direct the establishment and strengthen land use right registration Office at all levels; allocate budget for the land use right registration Office to carry out the tasks specified in Article 2 of this Circular.

4. Service of Natural Resources and Environment, Service of Home Affairs and the Service of Finance are responsible for assisting the People's Committees of central-affiliated provinces and cities to implement this Circular.

Any problems arising during the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment and Ministry of Home Affairs and Ministry of Finance for consideration and settlement.