Party Certification And Certified Surveillance Procedures In Land-Use Planning And Land Cadastre In The Trying

Original Language Title: Personu sertificēšanas un sertificēto personu uzraudzības kārtība zemes ierīcībā un zemes kadastrālajā uzmērīšanā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/165717

Cabinet of Ministers Regulations No. 734 in Riga in 2007 (30 October. No 61 20) a Person certified in the certification and surveillance procedures in land-use planning and land cadastre in the determine in accordance with the real property cadastre of the State article 29 of the law a quarter of land-use planning law and article 4, fourth part i. General questions 1. determines: 1.1. procedures for the issue and registers the certificate of land-use planning or land cadastral trying work (hereinafter referred to as the certificate);
1.2. the extension of the period of validity of the certificate;
1.3. cancellation of the certificate;
1.4. supervision of the certified person;
1.5. the national dues rate and payment arrangements;
1.6. the civil liability insurance policy and insurance agreement minimum amount.
2. the certification body, accredited by the national agency "Latvian National Accreditation Bureau" according to national standard LVS EN ISO/IEC 17024, conformity assessment: 2005 ". General requirements for the certification bodies ' individual requirements and for which the Economy Ministry published a notice in the newspaper "Gazette" (hereinafter referred to as a certificate authority) certificate is issued to a natural person if it has fulfilled the requirements of this regulation.
3. Where a natural or legal person in another European Union Member State has received the permission of the special provision referred to in paragraph 1.1 at the bottom working and special requirements for authorization are comparable to the requirements of these provisions, the natural or legal person concerned services permanently in Latvia can be delivered without a certificate issued by the certification authority. A natural or legal person log in operation in the Republic of Latvia, shall submit a certificate authority of its powers in the supporting documents. If the special authorisation in another Member State of the European Union are equivalent to the requirements of the rules, information concerning the natural or legal persons included in paragraph 23 of these rules the said register. Inclusion in the register shall be assimilated to the certificate is issued.
4. If the certificate or the certificate certificate lost, stolen, destroyed or damaged, a certified person shall issue a duplicate. The damaged certificates certified person passes the certification authority.
II. the issue of the certificate, 5. A natural person may be eligible for a certificate: 5.1. land-use planning activities, if it meets any of the following requirements: 5.1.1 has gained a first or second level of higher education in land-use planning, geodesy, geography, cartography, Geodesy in any of the būvzinātn at the bottom of the sectors or other specialties of Geodesy;
5.1.2. has acquired the first or second level of higher education in specialty or industry that is associated with the design, such as developers, architects, and has experience in land planning or in the development of a detailed plan for at least the last year;
5.2. land cadastral activities to determine if it meets any of the following conditions: 5.2.1. the average has gained in the field of professional education, associated with the land, and it is trying the continuous work experience in land cadastre trying for at least the last two years;
5.2.2. has acquired the first or second level of higher education in land-use planning, geodesy, geography, cartography, Geodesy sector of any būvzinātn or other specialty of Geodesy and has at least two years of experience in the land cadastre in trying the last five years.
6. a Person who wishes to obtain a certificate (hereinafter applicant) shall submit an application for the certification authority issuing the certificate and notice that it agrees to fulfill certification requirements and to provide the necessary information, as well as the place of residence and the personal code. The applicant the application shall be accompanied by the following documents: 6.1. copy of the identity document;
6.2. the professional activities CV;
6.3. the experience of working with a copy of the identity document, such as a list of work contracts;
6.4. two photographs (3 x 4 cm);
6.5. in paragraph 9 of these rules in the case that a document showing the course of the hearing.
7. following the successful completion of the certification examination, the applicant shall submit a certification institution national evidence of payment of the fee.
8. Certification Body: certificate 8.1 if the applicant: 8.1.1. comply with this provision or paragraph 5.2 5.1 these requirements and certification institution of this rule 10.2. information referred to in the evaluation finds that the applicant is entitled to a certificate;
8.1.2. has submitted these rules referred to in paragraph 6;
8.1.3 has successfully passed the certification test according to the provisions referred to in paragraph 11;
8.2. the certificate shall not be issued to a person: 8.2.1. If it already has the certificate is issued;
8.2.2. two years after the cancellation of the certificate, if it is void of the cadastral and land-use planning of regulatory laws determine violations and State land service contains irregularities not remedied;
8.2.3. If a person has provided false statements or otherwise misled the certification authority. In this case, the person is not eligible for a certificate of four years after the finding of fact above.
9. If the certificate is revoked three times for land-use planning and the cadastral law determine regulatory non-compliance, the applicant before the certification test sorting should be admitted to the training course 40 astronomical hours per professional rules 15 and 16 of this issue of course. Information about people who take training, publishes the certificate authority website on the internet.
10. Certification Body: 10.1. the applicant's submissions on the issue of the certificate, shall assess the documents attached to it and, if necessary, requests additional information from other public authorities or national registries;
10.2. requests and assess the national land service information about the selected issue opinions;
10.3. in the month following receipt of the application, shall take a decision on inviting the applicant to check to indicate certification tests of time and place, or justify a refusal;
10.4. the certification examination to assess the knowledge of the applicant, pursuant to paragraph 11 of these rules;

10.5. the decision on the issuance of the certificate or the refusal to issue it, stating the grounds for refusal. The decision shall be sent by registered mail.
11. the certification examination is the examination test form in which the applicant must answer 30 questions. The applicant's theoretical and practical skills for land-use planning issues find out in two groups, but the land cadastre, the three questions determine the groups. Exam applicants will organize 60 minutes.
12. questions, prepare a certificate authority and matches them with the higher education authority, which is an accredited training program for land-use planning in the specialty of Geodesy of the būvzinātn, or the corresponding specialty. Each issue contains at least 60 groups of questions. Certification examination questions must be published, as well as the available certificate authority website on the internet.
13. the certification examination is settled, if the applicant has provided at least 24 correct answers (80%).
14. the certification test: 14.1. applicants who wish to receive a certificate for land-use planning, the work is at least: 14.1.1.  10 questions on the land border units design and sustainability of land use;
14.1.2.10 questions on the requirements of the laws and land-use planning;
14.2. applicants who wish to receive a certificate of land cadastral work of trying, at least: 14.2.1.  10 questions in the field of Geodesy;
14.2.2.10 questions on the requirements of the laws of the land cadastral trying;
14.2.3. five questions about the State of the real estate cadastre.
15. This provision 14.1. case in point certification inspection required include questions about: 15.1 land design – the minimum and optimālaj areas, the area of certainty, the limit to the configuration (value for money), access, sustainable use, consolidation of border justification (control);
15.2. legal requirements-land-use planning and designing the content of the draft, the road easements, land uses, land units before registration real estate the State cadastre information system, building design, land protection zones and other property encumbrance, object detection.
16. This rule 14.2. case in point certification inspection required include questions about: 16.1. Geodesy-geodetic measurements, determine methods of GEODESIC instruments, direct and opposite geodesy, measurement results, Latvia's geodetic coordinate system LK-92 and free coordinate system;
16.2. the requirements of the laws of the land cadastre, land determine monitoring, restoration, discovery, land boundary plans, the burden of the plan and situation plan, road easements and land use;
16.3. The real property cadastre, cadastral country object identifi cation system, land cadastral data determine the real estate cadastre of the State information system and deliverable documents that are required to perform cadastral object registration or update of data on real estate.
17. Certification Authority at least every month organizes a certification test. The certification test are not organised, if not logged on no one tenderer.
18. The applicant who has not passed the certification test, you can organize it again. If you do not pass a certification examination for the second time to the next certification test can apply not earlier than two months after the last certification date. After the outstanding certification inspection certificate authority shall inform the applicant about the questions that give the wrong answers, as well as the correct version.
19. If the applicant has not specified on the certification test and has not previously been asked to identify other certification testing, the applicant the certification examination you can sort not earlier than in a month or at another time, in agreement with the certification authority.
20. the decision on refusal of issue of the certificate may be challenged in the Ministry of the economy. The Ministry of the economy, may appeal to the administrative court within one month of the date of notification of the decision.
21. the certificate is granted a unique number consisting of a series of letters and the serial number in ascending order, starting with number one. The series comprises two letters uppercase Latin letters. The certification authority uses the letter sequence "AA". If multiple certificate authorities, they will mutually agree on the use of the letter series, so that they do not recur and should be unique. Each additional certificate authorities use the sequence "AB", "AC" and the like. The number of the certificate withdrawn not granted.
22. The validity period of five years.
III. Certificate registration 23. Information on the certificates issued by registered public land-use planning and land cadastral register of certified persons determine (hereinafter register). Establish and maintain a register of the State land service. Registry data publicly available State land service home page on the internet (URwww.vzd.gov.lv). The registered information is kept permanently. If removed, the registry information in the registry shall be deposited in the archives of the State land service.
24. The date of entry into force of the decision on the issuance of the certificate or cancellation, or suspension of the certificate temporarily, or suspension of the certificate at the time of cancellation, the certificate authority electronically State land service the following: 24.1. certificate number;
24.2. the certified persons name, surname and personal code;
24.3. the date of issue of the certificate and the expiration date;
15.2. the suspension of the certificate's starting or ending date, or the date of cancellation of the certificate.
25. the national land service in addition to the provisions referred to in paragraph 24, the information in the register shall contain information on the relevant certificate authority name and stores the information that is the result of deleting or replacing one of the registry entries.
IV. extension of the period of validity of the certificate of

26. the certification body on a day when the period of validity of the certificate, or in the month before the certificate expires, shall take a decision on the extension of the period of validity of the certificate, or of the refusal to extend it, giving the reasons for refusal. The decision by registered mail sent to the certified person.
27. The period of validity of the certificate is extended, if: the person certified 27.1. deadline is presented this rule 40. documents referred to in paragraph 1;
27.2. the certification authority certificate validity period has found violations of the laws and the professional activities of the person, and if a person is looking at previously identified irregularities and repeated a warning to not make them their professional activities;
27.3. the certification authority certificate validity period has found other irregularities;
27.4. the certified person has provided false statements or otherwise misled the certification authority.
28. The period of validity of the certificate is extended for five years.
29. The certification authority certificate of the established sample (annex 1) and the certified identity card (annex 2) shall be issued personally certified person the day after the previous certificate and the date of expiry of the licence, or sends it by registered post in a month of adopting its decision. Extending the period of validity of the certificate, the certificate number does not change, and the certificate is valid for the next day after the certificate had expired.
V. 30 cancellation of Certificate certificate authority: 30.1. appearance of the person certified application for certificate suspension or cancellation of the certificate;
30.2. the appearance of the application (appeal) for the certified persons avoid the irregularities and, if necessary, request the State land Department to deliver an opinion;
30.3. decide on the suspension of the certificate temporarily, if within six months after the State land service of issuing the opinion or the opinion of the certification authority, or other competent bodies, such as the Court decision on violations of the laws and the professional activities of the person certified in the certified party has prevented any infringements of the laws;
18.9. decide on the withdrawal of the certificate if the person certified in time, to a suspended certificate is not prevented any irregularities;
5. minor irregularity which has no legal or financial consequences, and no offending of lack of competence, expressed alarm that is not released from the obligation of persons certified to prevent any irregularities.
31. the certification body shall withdraw certificates where: 31.1. certified professional person without civil liability insurance;
31.2. you have received a certified individual's application for the certificate of cancellation;
31.3. has expired on any certificate operations were suspended, and the certified person is not prevented in opinion;
19.5. the judgment of the Court has been received for the information shown does not conform to the actual situation or the certified person has provided false statements or otherwise misled the certification authority;
31.5. certified person has not complied with that rule 34, 40, 45 or 52. the requirements referred to in paragraph.
32. If you have prepared the State land service opinion on violations of the person certified professional activities or have a certificate authority, or has received other competent authorities, such as the courts, the decision on the regulations and non-compliance certified person six months have prevented any irregularities, the certification authority shall deliver a certified person warning.
33. The certificate temporarily suspended if: 33.1. Parties have received the certified application for certificate suspension;
33.2. the prescribed period has not been corrected certificate authority's opinion or the opinion of the State land service of the infringements referred to in or other competent bodies, such as the courts, the decision on non-compliance with the laws and certified professional activities of the person referred to in the offence, except for this provision, paragraph 32;
33.3. the requested law enforcement authority;
33.4. a certified person is alert and she has repeatedly made the same or a similar infringement, for which it has been warned.
34. the certificate is suspended for a period, a certified person has indicated in the application for certificate suspension, or for six months, where a suspended certificate authority. A person whose certificate has been suspended, may submit an application for the certification authority certificate extension of suspension of or, if the certificate is suspended, on the basis of the application of the person certified – the restore. During the operation of the certificate has been suspended, the certified person is entitled to perform only the work related to the prevention of infringements detected and the orders that are accepted until the decision on the suspension of the certificate, but is not entitled to take and make new orders. The certified person shall submit a certificate authority does not complete the job list.
35. the decision on the withdrawal of the certificate and the certificate at the time of suspension of or refusal to extend the period of validity of the certificate may be referred to the Ministry of the economy. The Ministry of the economy, may appeal to the administrative court within one month of the date of notification of the decision.
36. a Person a certificate revocation and certificate shall be referred to the certification authority.
37. the withdrawal of the certificate certified person is not relieved of responsibility for professional activity and its consequences.
38. before the decision on the cancellation of the certificate, the entry into force of the certified person shall have the right to submit a certification body a list of unfinished work to allow creatures to complete the works before the cancellation of the certificate. Certificate Authority set a time-limit within which it is permitted to complete the proceedings.
Vi. Certified surveillance 39. Land-use planning and land cadastral trying work supervision: 24.3. The State land service, checking and accumulating information on certified professional activities of the person;
24.4. the certification body: 39.2.1. examining the submissions (complaints) for the certified persons;

39.2.2. certified persons submit the completed job list for the previous year (the list indicates the unit of land cadastral designation, full address, if applicable, a brief description of the work carried out by geodetic instrument with which to perform measurements, and its serial number);
39.2.3. controlling civil liability insurance exists.
40. The certified person each year up to May 1, the certification authority shall submit these rules and section 39.2.3.39.2.2. documents referred to. If the document is already filed and not make changes, do not submit it. The certified person shall inform the certification authority for the address where it can be reached, as well as a change of address.
41. the national land service, based on the certificate authority's request for a technical evaluation of the measurements made, the individual submissions (complaints) or on its own initiative, conduct an inspection of the certified person compliance of work done under the requirements of the cadastral trying and give opinion. If the area does not need to take control and do not provide access to the borders of the land units and the uzmērīt territory, opinion may not provide.
42. the land cadastral work inspection, determine the State land service has the right to take control, to invite people to participate in the certified land units within view and control, as well as to order the other person certified to perform reference test, require explanations, documents and findings of other necessary information. The certified person is obliged within 10 working days of receipt of the request to provide the necessary information.
43. the State land Department shall prepare, on the basis of opinions: 43.1. land cadastral documents of trying the case analysis;
43.2. the locality tests and taken control.
44. on land cadastral determine work verification draws up the opinion. Opinion is an administrative act. The State land service of the opinion of the competent official a month after its notification may challenge the State land Department Director-General. The decision of the Director-General within one month of its notification can be appealed to the administrative court.
45. This provision 44 the opinion referred to in paragraph shall send the certificate authority, and certified the person whose rights are affected. The certified person after receipt of the opinion, immediately take the action specified in the prevention of abuse.
46. the Certified person is bound by the national land service of prevention specified in declare them the certification authority and the State land Department, adding the prevention of supporting documents (e.g., regulations, plans). The State land service has the right to verify whether the opinion contains threats and issue a corrected certificate authority and certified person statement.
VII. the rate of State fee and stamp duty payment arrangements For the receipt of certificate 47. pay the State fee – for five lats.
48. After successfully settled a certification test in the State pay a toll. Stamp duty is paid by the Treasury with the supervision of credit institutions or other entities, in accordance with the laws and regulations have the right to open an account.
49. the certification body shall inform the applicant of the State duty payment and settlement properties.
VIII. Liability insurance arrangements 50. object of insurance is a certified persons civil liability for the damage caused to third parties incurred by persons falsely certified activities require land cadastral or land-use planning determine job performance during or after their execution.
51. The certified personal civil liability insurance contract shall provide the person falsely certified professional or negligently damages caused. They are direct losses caused to third parties due to damage to the health or the life or due to belonging to third persons property damages or death, as well as other direct damages caused to a third party, but does not derive from a third person's life or health or damage to third party property damage or destruction caused.
52. The certified person contract on insurance against civil liability in respect of the switch before the land-use planning or land cadastral trying to work. Land-use planning or land cadastral work may not be trying to make, if not insured civil liability of the person certified.
53. If the insured person is not certified in civil liability and is carried out in land-use planning or land cadastral work determine for which a third party has suffered damage, a certified person is fully reimbursed.
54. For civil liability insurance contract the insurer with the insurance policy to the policyholder shall issue a certified copy of the policy which the policyholder shall provide the certification authority.
55. The civil liability insurance contract concluded for the year for all land-use planning or land cadastral trying jobs or on a particular object.
56. A Person who qualifies for insurance claims (hereinafter referred to as the applicant for compensation), immediately, as soon as possible, inform the person in writing certified for its acts or omissions of the damage caused.
57. If the potential insurance case, the certified person: 57.1. immediately, as soon as possible, notify the insurer in writing of any person against the certified petition or claim submitted to the Court on third parties for damage due to incorrect activities;
57.2. immediately, as soon as practicable, give written notice to the insurer of circumstances which might be due to complaints or claims against the insured for damages to the nomination, which provides for the reimbursement of the insurance contract;
57.3. written notice to the applicant of the consideration of the need to turn to the insurer to cover the damage, as well as notify the insurer in writing that the third party is aware of it.
58. The certified person shall submit to the insurer the application (notice of loss), as described in detail in the insurance case occurred. The application shall be accompanied by:

58.1. a copy of the insurance policy;
58.2. documents certifying the insured loss in the order of guilt, if any. On the following documents: 58.2.1. investigation, judicial authorities or other competent bodies, with which the insured person is found guilty of breach of a third party;
58.2.2. administrative provisions that contain information about land-use planning or land cadastral activities determine the provisions, if any;
58.2.3. another document certifying the insured's fault.
IX. Civil liability insurance agreement minimum limit of 59. Concluding contract on insurance against civil liability in respect of a particular object, the insurance agreement minimum liability limit is 100% of the contract (contract) the amount laid down, the (closed) between the certified person and the principal of land-use planning or land cadastral trying work out of a given object.
60. In concluding civil liability insurance contract for a year for all land-use planning or land cadastral works, determine the insurance agreement minimum liability limit is 10000 dollars.
61. the cost of claims By third party certified persons will be obliged to restore the civil liability of the insured for the period of contract the minimum limit of liability of the previous.
X. closing questions 62. Applicant who has made the Earth a cadastral works or trying to control, based on the employment relationship with the company, having a license issued by the cadastral or land-surveying work trying to carry on the work experience according to section 5.2 of these rules shall be the duration of the employment relationship with a licensed person. The tenderer who has made the Earth a cadastral works, determine on the basis of the license of the cadastral land trying to carry out the work, as well as the licensed company management board and head of the Department on work experience according to section 5.2 of these rules shall be the duration of the license. Applicant State land service of the land cadastre carried out in licensed and certified in trying personal supervision on work experience according to section 5.2 of these rules shall be considered as time worked in the Office.
63. the certificate shall be issued to the tenderer who has made land-use planning, land cadastral surveying work is trying, on the basis of the employment relationship with the company, which has a license issued by the land-use planning, land surveying or cadastral job trying to make and the State land Department has drawn up an opinion on the merchant transaction irregularities detected, if in the opinion of the irregularities have been committed by the applicant, to have an employment relationship with the company, and irregularities are not rectified.
64. Certified sworn surveyors, which up to this date of entry into force of the provisions has been surveying work certificate or land-use planning to carry out the work after its expiration date may be eligible for a certificate under this rule. For work experience according to section 5.2 of these rules shall be the total operating time of the certificate.
65. A Person who has acquired higher education and continuous work experience over the last three years, land-use planning or land cadastre in trying (surveying tasks), you can get a certificate by the submission of the required documents and a certificate of successful completion of inspection by 2014. December 31, even if it does not have this provision, 5.1.1, 5.1.2, 5.2.2. subparagraph 5.2.1. and in special education.
66. the national land service through land-use planning or monitoring of land cadastral trying for economic operators, which, on the basis of the law on the State land service "has received the license for land-use planning or land cadastral trying (surveying) work (licensed person), the requirements of this regulation and in addition to 2010 31 December exercise such duties and rights: 66.1. responsibilities: 66.1.1. examine the licensed person submissions and to take a decision in accordance with these rules or to provide another answer and send it to the licensed party;
66.1.2. accept the provisions referred to in paragraph 67 of document;
66.1.3. to take a decision on the withdrawal of the licence, if the operator: 66.1.3.1. has not adhered to land-use planning or land cadastral determine requirements;
66.1.3.2. has not adhered to these rules, paragraph 67;
66.1.3.3. has ceased working relationships with staff and for this reason, one quarter of the merchant workers determine land cadastral or land-use planning is not the work of the land-use planning in higher education or in geodesy or not five years of work experience in land-use planning or land cadastral, or determine the State land service the false statements or otherwise misled;
66.1.4. send a licensed person in the decision on the withdrawal of the licence;
66.2. the law: 66.2.1. objective reasons to postpone making a decision or other response, notifying interested parties, and be allowed to submit additional required documents;
66.2.2. check of the person licensed to the accuracy of the information provided or, if necessary, free of charge, to obtain further information from the national register.
67. The licensed person before February 1 of the year the State land service shall provide the following information for the previous year: 67.1. completed land-use planning or land cadastral work list, determine which territorial systematised (cadastral designation or address, date, description of the work), and a list of employees, indicating officials with signature rights, employee's name, surname, personal code, education and employee training or experience is the basis of the issued licence;
67.2. a declaration of possession or use of existing means of measurement and testing, as well as measurement and drafting software;
67.3. a civil liability insurance policy.
68. paragraph 67 of these regulations is in force until February 1, 2011.
69. The State land service in until 2010 December 31, check and store information about people who are nodarbinājus in the licensed person and for which the executed land cadastral work determine the State land service has delivered an opinion.
70. the certification authority issued certificates are valid also in case the certification authority ceases to exist.

Prime Minister, Minister of Finance Minister of Justice Spurdziņš o. g. Smith Editorial Note: rules shall enter into force on the 3 November 2007.
   
1. the annex to Cabinet of 30 October 2007, regulations No 734 certificate by the Minister of Justice g. Smith annex 2 Cabinet of 30 October 2007, regulations No 734 persons Certified model of certificate the Minister of Justice g. Smith