Land-Use Planning, Determine, Geodetic Cadastral And Cartographic Work Licensing

Original Language Title: Zemes ierīcības, kadastrālās uzmērīšanas, ģeodēzisko un kartogrāfisko darbu licencēšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/143724

Cabinet of Ministers Regulations No 729 Riga, 29 august 2006 (pr. No 44 62) land-use planning, determine, geodetic cadastral and cartographic work licensing Issued in accordance with the law "on State land service" article 7 i. General questions 1. determines: 1.1. the order in which the economic operator (individual trader or company) issue and revoke the license of a permanent land-use planning, land cadastre and geodetic-trying, cartographic work (there could — license);
1.2. the licensed person performance monitoring arrangements;
1.3. national dues rate and payment arrangements;
1.4. the minimum amount of insurance contracts and insurance rules.
2. The decision on the issuance or cancellation of the licence is accepted by the Ministry of Justice established a land-use planning, determine, geodetic cadastral and cartographic work Licensing Commission (hereinafter the Commission). Panelists included representatives from the Ministry of Justice, the State land Department, State Agency "Latvian geospatial information agency", Cartographer of Latvia and the Latvian ģeodēzist Association and the society of land surveyors.
3. If the trader's economic activity has been registered in another Member State of the European Union, which request special permission (license) is comparable to the requirements of these provisions, and the operator is provided with a special permit (license) the rules set out in paragraph 4 of the work, the merchant services can be provided in Latvia without Commission issued licenses. The merchant logs on their activity in the Republic of Latvia, shall submit to the Commission's powers in the supporting documents. If the special permissions (licenses) to be served in another Member State is equivalent to the requirements of these regulations, information about the merchant is published that 32.7 in order.
4. On the basis of the Commission's decision, the State land service license issued to merchants at the specified job. Licences shall be issued by the following types of work: 4.1 land-use planning;
4.2. land cadastre trying;
4.3. geodetic (including topographic);
4.4 cartographic works.
5. the Commission shall consist of the President of the Commission, Vice-President of the Commission, and not less than four members of the Commission, as well as the Secretary of the Commission. The President and the Secretary of the Commission representing the State land service.
6. the Commission's work in the facilities provide the State land service. The Commission's proceedings and the service of documents for storage of the State land service archive provides the Secretary of the Commission (hereinafter referred to as the Secretary).
7. the Commission shall be valid if the meeting at least half of the members of the Commission. The meetings of the Commission shall be taken by majority vote, a vote. If the vote splits similar to, the President shall have a casting vote.
8. the Commission's decision shall be signed by the President of the Commission, but in his absence, the Vice-President of the Commission. The decision of the Commission Secretary within five working days, send to the recipient.
9. The decision of the Commission during the administrative procedure law in the month of May to challenge the Ministry of Justice. The decision of the Ministry of Justice during the month may appeal to the administrative court.
10. The Executive Secretary has the following duties: 10.1 merchant application the person specified in the notice of the meeting of the Commission at the time and place;
UR10.2.pie taken from the economic operators the Commission announced applications and documents, and on the same day they register;
10.3. to prepare the agenda for the meeting of the Commission;
10.4.ne later than five working days before the Commission's meeting to send the invitation to the meeting and the meeting of the Commission agenda for all members of the Commission;
10.5. collation and design decisions of the Commission, as well as to design other related to the work of the Commission;
UR10.6.re ģistrācij log in to draw a check mark on the issued licence;
10.7. to take any other action by the Commission to the provision of related tasks.
11. The operator's application for a licence is considered filed on the date on which the Secretary has received and registered by all supporting documents. Submit a copy of the document presented the original of the document or a copy of the document must be certified.
II. Licences the General conditions 12. If the Commission takes a decision on the issue of the licence, the operator receives a perpetual license under the provisions laid down in the annex. Each licensed work for one type of license.
13. the licence is not issued to the merchant for which the licence is suspended for a period of time or is this rule 19.5. the deadline laid down.
14. Employee education or experience is based on only one licence to the operator. Employee of the licensed person may not represent another merchant, who claimed to have a licence in order to comply with this rule 19.1 and 19.2. the requirements of point.
15. The merchant is obliged immediately to inform the Commission of the termination of the employee, if then the merchant no longer meets this rule 19.1 and 19.2. the requirements of point.
16. If the license is lost, stolen, destroyed or damaged, the Commission renewed the laws made in duplicate licence.
17. A license with a new registration number or license duplicate komer Santa removed within 30 days after the date of notification of the decision of the Commission. The license gets hired Merchant authorized representative certifies the signature.
18. the Commission Also issued a license for 10 working days, saving the license number. The Commission shall adopt a decision on refusal to reregister the licence if the operator does not comply with the requirements of the applicant that a licence shall be issued with a new registration number.
III. License with a new registration number 19. issuing merchant who is eligible for a licence, shall meet the following requirements: 19.1. land-use planning, cadastral and geodetic determine (including topographical) business operators (not less than one quarter) is a higher education or land-use planning in geodesy or five years of work experience (the last seven years) in the form of work authorization;
UR19.2.lai make kartogrāfisko work, cartographic work of the Manager is higher education in geodesy, cartography, or geography and three years of work experience (past five years);
19.3. the merchant does not have tax and other State specific minimum charges;
19.4. the Court ruling deadline business ban this rule laid down in paragraph 4 to the licensed work;
19.5.ir last no less than four months from the decision of the Commission on the withdrawal of the licence for its entry into force;
12.2. the merchant has submitted to the Commission the appropriate application indicating: 19.6.1. Merchant (business), registered office and registration number;
19.6.2. authorised persons (contacts) name, surname, telephone number, fax number and electronic mail address (if any);
19.6.3. in accordance with the contracts of employment of persons employed list indicating name, surname, education and previous work experience in the form of work authorization;
19.6.4. previous employed professional activity;
19.6.5. that the trader is not a tax and other State specific minimum charges and Merchant agrees that the Commission requested and received from the State revenue service news about absence of tax arrears;
19.6.6. list of documents attached to the application pursuant to paragraph 20 of these regulations.
20. the application shall be accompanied by the following documents: 20.1. Merchant copy of the registration certificate;
20.2. the education or work experience, working copy of the document of the tidbits according this rule 19.1 and 19.2. bottom point.
21. The economic operator shall issue the license granted, if the Registrar is filed: 21.1. payment card (original or a copy) evidencing State duty payment;
21.2. professional indemnity insurance contract (concluded for at least a year).
22. If a licensed person (operator) alters the firm, within 15 days from the commercial register of the ģistrācij re the Commission: 22.1. license renewal application for;
22.2. the original of the licence;
22.3. the merchant copy of the registration certificate, showing the original.
IV. License cancellation 23. the Commission shall adopt a decision on the person licensed to withdrawal of the licence issued, if: UR23.1.st user to the Court ruling on the activities of the prohibition;
23.2. the licensed person has stopped commercial operation and is the entry in the commercial register;
23.3. the licensed person has stopped commercial operation this provision set out in paragraph 4 of the licensed work and licensed person has submitted to the Commission on the application;
23.4. the licensed person that rule 17 not removed within the time limit set out in the licence;
14.6. a person licensed pursuant to this rule 22 has not submitted the documents to the Commission for a licence renewal;
14.7. the licensed person has not adhered to these rules 14, 15 or 24. the conditions laid down in paragraph;
23.7. the licensed person has conducted professional activities not subject to the requirements of the laws within the scope of the license, or licensed person complies with this rule 19.1 and 19.2. the requirements of point or has violated these rules and the bottom point 19.3 19.4. requirements;

UR23.8.sa take State land service of the unfavourable opinion of the job runs in the land cadastre and the licensed person trying not prevented breaches indicated in the opinion or can't be prevented;
14.9. the Commission finds that the licensed person documents submitted contain false information;
23.10. the licensed person providing services within the scope of the license, do not follow the rules, and the Commission has already expressed its alarm;
23.11. The State revenue service issued the news is given tax or other statutory charges and is not paid for at least six months from the date when the Commission received this news.
24. The Commission is entitled to cancel a license before its cancellation to suspend the licence for a period of up to six months, to prevent any licensed person or offences set out in the opinion. In this period the licensed person may perform only those actions that are necessary to prevent any breach in or opinion. If the specified time limit violations are removed, the license is not cancelled, but expressed caution.
V. supervision of the licensed person 25. The licensed party shall supervise the operation of the Commission and for the cadastral land — also determine the State land service.
26. If necessary, check the licensed work. The results of the inspection shall be drawn up, which shall assess the relevance of legislative requirements. The opinion shall be signed by the preparer and the head of the authority.
27. the opinion shall be drawn up on the basis of the documentation on them, reducing the area of the tests, as well as a control. Opinion presented as administrative act.
28. in examining work, the State land service has the right to take control, to invite a representative of the licensed person to participate in the work of the inspection control of the area, as well as carrying out the order to another licensed person take control, require to provide explanations, submit documents and other information. The licensed party is obliged within 10 working days after the request to provide the information requested.
29. the opinion shall be forwarded to the licensed party, to the Commission and the other looks on, sētaj parties whose rights are affected. A licensed person, after receipt of the opinion, immediately take the action specified in the prevention of abuse.
30. the Licensed party is obliged after irregularities in the opinion of the Commission and, in the opinion of the provider that violations are prevented, adding it to the supporting documents (e.g., regulations, plans). In the opinion of the provider is entitled to check the opinion contains infringements have been rectified, and the issue of a licensed person and notification to the Commission.
31. in the opinion of the person licensed to prevent irregularities in the period for which the licence is suspended, or before the deadline. In the event of cancellation of the licence free from the obligation to prevent irregularities or reimburse losses caused.
32. The Commission, in implementing the licensed person supervising, is milk Kuma: 32.1. examine the merits of the licensed person submissions and one month from the date of registration of the application, to take a decision in accordance with these rules and to identify good practice or provide another answer;
32.2. If the request for an opinion concerning the licensed person for possible breaches of the laws relating to the professional activity carried out on the basis of the existing license for a particular type of work;
32.3. to inform the operator about the licence procedures and deadlines, national toll and account number to be transferred to the State fee;
32.4. the license;
32.5. to inform the State revenue service, where the Commission has received the news of unlicensed commercial activities (within the meaning of this provision);
32.6. within 15 working days of the Commission's decision on the withdrawal of the licence as a spa date to publish the newspaper "Latvian journal" information on the cancelled licence;
32.7. provide current licensed person and these rules laid down in paragraph 3, the publication of the list of people the State land service website on the internet (URwww.vzd.gov.lv).
33. the Commission, in exercising supervision of the licensed person is entitled: 33.1. to request and receive, free of charge from the State revenue service and other agencies, national information systems and public records information about an applicant for a licence and the information about the licensed person;
33.2. to express alarm about the legislative requirements, if it is judged as irrelevant;
33.3. if objective reasons postponed making a decision or other response, to notify the interested parties, to provide licensed 33.3.1.: the person sufficient time to document ie, necessary for the Commission to answer or decision;
33.3.2. check the licensed information of the person or, if necessary, additional information;
20.8. require a licensed person shall submit information, if needed by the Commission's competence for deciding objective;
20.8. to invite to the meeting or its authorised economic operator;
20.9. to call on experts and consultants.
34. the Licensed party is obliged to provide the licensed work and professional activities to use reliable data to the public.
35. the Licensed party each year up to February 1, the Commission shall submit the following documents or copies thereof: 21.8. previous year executed work list by royalty work (cadastral designation or address, date, description of work (geodetic and cartographic works date only and work description));
35.2. tahimetr annual inspection (calibration and verification) Protocol, as well as global positioning instruments within the time limits specified by the manufacturer inspections (calibration and verification) Protocol, if such instruments are used in providing the service;
35.3. surveying instrument purchase identity document (not older than one year) or use rights certificate (need not be given if the document is filed in the previous year);
35.4. the measurement processing software use rights or property rights certificate (need not be given if the document is filed in advance);
22.1. the civil liability insurance policy, if it has not yet been submitted to the Commission.
Vi. Country duty rate and payment arrangements 36. State fee rates for issue of the licence is the following: 36.1. sole proprietorship: UR36.1.1.par license with a new registration number to 25 lats;
36.1.2. re-registered license-5 lats;
36.2. corporates: UR36.2.1.par license with a new registration number 50 lats;
36.2.2. re-registered license-5 lats.
37. a State fee shall be paid before receiving a licence. 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.
VII. Civil liability insurance of insurance object is 38. licensed persons civil liability for its erroneous activities require injury to third parties.
39. The authorised person's civil liability insurance contract provides the licensed person errors or negligence damages caused when third party financial damage resulting from damage to the property of third parties or the third person life or damage, as well as if the third party is the direct financial damage. Insured persons licensed in accordance with civil liability insurance contract is a licensed person.
40. the Licensed party agreement on insurance against civil liability in respect of the switch before the licensed work. Licensed works may not be made if the insured person is not licensed for civil liability.
41. If licensed persons civil liability is insured, but licensed works are carried out and these activities to a third party, it shall indemnify the licensed party.
42. For civil liability insurance contract the insurer with the insurance policy to the policyholder shall issue a certified copy of the policy. The policyholder shall submit a copy to the Commission.
43. The civil liability insurance contract concluded for the year for all licensed works or on a particular object.
44. A Person who qualifies for insurance claims (hereinafter the applicant for compensation), immediately, as soon as possible, shall inform that person of its licensed acts or omissions of the damage caused.
45. If the insurance case occurs, the licensed person: 45.1. without delay, as soon as possible, notify the insurer in writing about any licensed person directed against the claim or the claim submitted to the Court on third parties for damage due to incorrect activities;
45.2. immediately, as soon as possible, notify the insurer in writing of the circumstances that could have the potential to cause complaints or claims against the insured for damages to the nomination, which provides for the reimbursement of the insurance contract;

45.3. the 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.
46. The licensed party 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: 46.1. a copy of the insurance policy;
46.2. documents certifying the insured loss in the order of guilt, if any. The following documents shall be deemed to be: 46.2.1. investigation, judicial authorities or other competent bodies, with which the insured person is found guilty of breach of a third party;
46.2.2. administrative provisions that contain information about the licensed work rules;
46.2.3. another document certifying the insured's fault.
VIII. Liability insurance agreement minimum amount 47. Concluding a contract for liability insurance for the object, the minimum liability insurance contract of the cents from 10pr agreement (contracts) the amount laid down, the (closed) between the licensed person and the principals of the licensed work out a particular object.
48. In concluding civil liability insurance contract for a year for all licensed works, insurance contract, the minimum amount is LVL 10tūkstoš.
49. the cost of claims By a third party licensed persons are obliged to immediately renew liability insurance agreement minimum liability amount.
IX. Closing questions 50. License issued land-use planning, land cadastral, topographical, geodetic determine, surveying or cartographic works up to the date of entry into force of the provisions are valid until the date indicated on the licence, but no longer than up to 2010 31 December. If the licensed person wanting to keep the previous license number, it at least three months before the licence expires, the application shall be submitted to the Commission with a request to grant a licence, preserving the previous license number. If the economic operator meets the requirements of this regulation, the Commission shall issue the license. The licence issued shall enter into force after the expiry of the previous licence.
51. the procedure for the issue of licences and Geodesy cartography works in accordance with these rules shall be in force until the law on geodesy and cartography and the related Cabinet of Ministers regulations for entry into force.
Prime Minister a. Halloween Justice Minister g. Grīnvald Editorial Note: rules shall enter into force on the 20 September 2006.
 
Annex to the Cabinet of Ministers of 29 august 2006, regulations No 729 licence by the Minister of Justice of g. Grīnvald in