Thông tư liên tịch 39/2011/TTLT-BTNMT-BTC

JOINT CICULAR

REGULATING THE MANAGEMENT AND USE OF FUNDS FOR MEASUREMENT TO DETERMINE LAND AREA FOR SANCTION OF ADMINISTRATIVE VIOLATION IN AREA OF LAND

Pursuant to the Land Law dated November 26, 2003;

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

Pursuant to the Decree No.60/2003/ND-CP dated June 06, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to the Decree No.105/2009/ND-CP dated November 11, 2009 of the Government on sanction of administrative violations in the area of ​​land;

Pursuant to the Decree No.25/2008/ND-CP dated March 04, 2008 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment; the Decree No.19/2010/ND-CP dated March 05, 2010 of the Government amending and supplementing the points c, d, g, h and i, Clause 5, Article 2 of Decree No.25/2008/ND-CP dated March 04, 2008 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;

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

Pursuant to the Decision No.39/2008/QD-TTg dated March 14, 2008 of the Prime Minister promulgating the Regulation on bidding, on bidding, placement of orders for, and assignment of the provision of public non-business services funded with the state budget;

The Ministry of Natural Resources and Environment and the Ministry of Finance regulate the management and use of funds for measurement to determine land area for sanction of administrative violation in area of land as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular defines the management and use of funds for measurement to determine land area for sanction of administrative violation in area of land specified in Article 31 of the Decree No.105/2009/ND-CP dated November 11, 2009 of the Government on sanction of administrative violations in the area of land.

Article 2. Subjects of application

The State management bodies, specialized agencies on natural resources and environment, finance and other agencies, organizations and individuals related to the management and use of funds for measurement to determine land area for sanction of administrative violation in area of land.

Chapter II

MANAGEMENT AND USE OF FUNDS FOR MEASUREMENT TO DETERMINE LAND AREA

Article 3. Principles of management and use of funds for measurement to determine the land area

1. Funds for implementation of measurement to determine the land area for sanctioning administrative violations in the area of land shall be ensured by local budgets from estimated expenditures for the public services sector and be allocated in annual estimated expenditures of state budget assigned to the agencies of natural resources and environment under local management.

2. Each year, the district-level, provincial-level agencies of natural resources and environment are responsible for estimating funds for implementation of measurement to determine the land area for sanctioning administrative violations in the area of land in accordance with current provisions of the State Budget Law and the documents guiding the implementation.

3. Cost estimates for implementation of measurement to determine the land area are made under current regulations, including:

a) For the work items having economic and technical norms and unit prices: estimates are determined by workload (x) unit price of product decided by the competent State management agencies and other expenses, if any;

b) For the work items that have not had economic and technical norms and unit prices: Based on the content and workload need to be done, the regime of the current financial expenditure and approved by the competent authorities.

Article 4. Decentralization of tasks of expenses of measurement to determine the land area

The Decentralization of tasks of expenses to the agency of natural resources and environment being responsible for the measurement to determine the land area for sanctioning administrative violations in the area of land shall be based on the work of each agency as follows:

1. Departments of Natural Resources and Environment are responsible for implementation of the measurement to determine the violating land area for land users as domestic organizations, religious institutions, foreign organizations and individuals, the oversea-based Vietnamese that are assigned land, leased land to implement the investment projects.

2. District-level Offices of Natural Resources and Environment are responsible for implementation of the measurement to determine the violating land area for land users as households, individuals, the oversea-based Vietnamese owning houses attached to living land use rights.

Article 5. Execution of State Budget Estimates

The allocation of estimates and adjustment of estimates and operation of cost estimates for measurement to determine the land area for sanctioning administrative violations in the area of ​​land is made under the provisions of the Circular No.59/2003/TT-BTC dated June 23, 2003 of Ministry of Finance guiding the implementation of the Decree No.60/2003/ND-CP dated June 06, 2003 of the Government detailing and guiding the implementation of the State Budget Law or documents of amendment, supplement (if any).

Article 6. Inspection and settlement of funds for measurement to determine the land area

1. Agencies of natural resources and environment allocated estimate of funds for the measurement to determine the land area for sanctioning administrative violations in the area of land are responsible for settlement of allocated funds in accordance with the provisions of legislation on the state budget.

2. Agencies of natural resources and environment of higher rank are responsible for coordinating with financial institutions to inspect, guide, handle violations (if any) for the management and use of funds for implementation of the measurement to determine land area for sanctioning administrative violations in the area of land as prescribed by law to ensure the use of budget funds economically, effectively.

Chapter III

IMPLEMENTATION PROVISIONS

Article 7. Effect and implementation organization

1. This Circular takes effect from January 01, 2012.

2. The State agencies and organizations related to the measurement to determine the land area for sanctioning administrative violations in the area of land are responsible for the implementation of this Circular.

3. People's Committees of provinces and centrally-run cities shall implement this Circular.

In the implementation process if any problems arise, units, localities should promptly reflect to the Ministry of Natural Resources and Environment, Ministry of Finance for consideration and settlement./.