CIRCULAR guide functions, duties, powers, organizational structure and operational mechanism of Fund Development Center, Department of land resources and the environment pursuant to Decree No. 43/2014/ND-CP on May 15, 2014 detailing the Government's implementation of some articles of the law of the land;
Pursuant to Decree No. 47/2014/ND-CP on May 15, 2014 of government regulation on compensation, support; When the State revoked the land;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 58/2014/ND-CP dated 16 June 2014 Government's functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
The Minister of natural resources and the environment, the Minister of the Interior, the Minister of Finance issued a circular guiding the functions, duties, powers, organizational structure and operational mechanism of Fund Development Center, Department of land resources and the environment, the central cities.
Article 1. The position, function 1. The Land Fund Development Center is a public career units directly under the Department of natural resources and environment, has the function to create, develop, manage, exploit the Land Fund; the organisation made the claim, support and resettlement; to receive the transfer of land use right of the institutions, households and individuals; the Organization conducted the auction of land use and perform other services in the field of land.
2. the Land Fund Development Centre has legal personality, has its own stamp; State office layout, work equipment and account to operate under the provisions of the law.
Article 2. The tasks and powers 1. Planning organizations make the recovery of the land according to the land use plan of the County, district, town, city in the province to support compensation, resettlement.
2. Establishment, implementation support, compensation, relocation when the State revoked the land.
3. Establishment of the investment project and construction organization of infrastructure on the ground to organize auctions of land use right when people's Committee, the central cities (hereafter referred to as the provincial people's Committee).
4. organizations implementing construction investment to create and fund development, land resettlement to serve State land and socio-economic development locally when provincial people's Committee.
5. Make the assignee the right to use the land under the provisions of the law.
6. management of land fund was clearance of the Land Fund, the assignee but not yet have investments or projects not yet auctions of land use; the land was repossessed and are the responsibility of management of the land fund development organization under the provisions of the law of the land.
7. Holding auctions of land use under the provisions of the law.
8. Plans to use the Land Fund mining management assigned but no decisions, for land rental.
9. Perform services in the compensation, resettlement assistance when the State revoked the land; auctions of land use; consulting services and determine the price of land, except in the cases of State land valuation; provides information about the location of investment, land prices and the Land Fund for organizations and individuals as requested.
10. Provided profile, map, information, data, land, houses and other assets attached to land under the provisions of the law.
11. Venture, linking, collaboration with other economic organizations or individuals to perform tasks according to the provisions of the law on management, use of State assets; provisions of the law on the mechanism of autonomy with respect to the public and to the provisions of other relevant laws.
12. the rental contract, the Organization, the individual doing consulting or perform other duties specified by law.
13. Make the collection of fees under the provisions of the law.
14. Management of officers, employees, and financial assets in the Land Fund Development Center under the provisions of the law; perform reporting regime under current rules of the assigned work.
Article 3. Organizational structure 1. Leadership development center Fund, Land Fund, the land development center directors and not more than 2 Deputy Director. The appointment, the dismissal of the Director and Deputy Director of fund development land made under the provisions of the law and the hierarchy of the provincial people's Committee, in accordance with the standard prescribed titles.
2. Organizational structure a) Administration-General;
b) planning and finance;
c) room compensation and clearance;
d) development and management of land fund;
DD) engineering and land information;
e) branches in the Central Land Fund Development (not necessarily in the district, the County, towns and cities in the province are establishing Branch).
Branch Development Center in the Land Fund in the district, the County, towns and cities in the province are dependent accounting units; has its own stamp and the provincial people's Committee office layout, work equipment in accordance with the law. Branch directors, no more than 2 Deputy Director and professional officials.
The Director of the Department of environment and resource functions, duties, powers, structure of land fund development center and branches in the soil Fund Development Center. The appointment, dismissal of Chief, Deputy Head of the Center for land and Fund Development Director, Vice President of Fund Development Center branch of land made under the provisions of the law and decentralized management of the provincial people's Committee.
3. The number of people employed by the Land Fund Development Center are assigned on the basis of the employment position category associated with the function, mandate, scope of activities and is located in the total staffing of the central cities, are approved by the authority.
Article 4. The mechanism of action 1. The Center developed the Land Fund made the mechanism for autonomous business units.
2. Financial resources using a) secured funding operations perform functions and tasks of the Center for development of Land Fund (after the balance with the career earner), according to the current rules to suit the mechanism of autonomous business units-public;
b) revenues from operations in his career, including: funding organizations make compensation, resettlement and assistance when the State revoked the land and funding project management construction according to the provisions of the law.
Expense management and exploitation of the Land Fund has recovered, assignee, creation, development; expense management and exploitation of land fund has built resettlement service according to the estimate be competent State agencies for approval.
Auction fees, money selling profile auctions of land use under the provisions of the current law and specific regulations of the provincial people's Committee.
The interest rate is split from the joint venture activities, links; interest rates of deposits in credit institutions.
The revenues from the service operation implemented by contract and in accordance with the law.
Revenues from other career activities as prescribed by the law.
c) funding is from the State budget, from the land development fund or the Investment Fund development, other Fund Trustees to perform the tasks as determined by the provincial people's Committee;
d) capital from credit institutions;
DD) funding from venture, associated to implement the program, project, projects, the project has been approved by the authority;
e) source of aid, grants and other sources in accordance with the law.
3. content spend a) regular Expenditure, including expenditure by function operations-task to be delegated, the authorized regular operations serves for a fee, the fee of the unit, including: salaries; public money; salary allowances; the deductions for social insurance, medical insurance, unemployment insurance, Union funding according to current rules; public service; Office products; professional expenses; frequent repairs of fixed assets and other expenses according to the prescribed regimes;
b) Genus, service activities include: salaries; public money; salary allowances; the deductions for social insurance, medical insurance, unemployment insurance, Union funding according to current rules; raw, natural materials; depreciation of fixed assets; repair of fixed assets; spend the taxes payable under the provisions of the law; other expenses (if any);
c) irregular Expenditure, including expenses made the task of the State Agency has the authority to order, irregular tasks be delegated authority. For tasks that technical-economic norms, unit price is issued by the authorized to follow the unit cost has been defined and the actual volume taken. For tasks not yet has the technical-economic norms, unit price estimate, done in spending mode, your current financial state and be approved by the authority.
The basic construction investment spending, procurement of equipment, repair of fixed assets major active service unit's career as the project is approved by the authority.
Article 5. Coordination mechanisms 1. The coordination of functions, duties and powers between the Central Land Fund development, branch in land fund development center with resources and the environment, people's committees, districts, towns and cities in the province (hereinafter referred to as the people's committees at district level), financial authorities and agencies other related units must follow the following principles: a) ensure implementation of the synchronized, consistent, coherent, timely, public, transparent;
b) clearly define the Agency, host, coordinating unit; responsibilities, powers of the head of the agency or unit; the content, duration, manner of execution; information mode, reports;
c) in compliance with the provisions of current legislation; matching functions, tasks, powers, organisation regulation of activities of each agency, the unit.
2. The Department of natural resources and the environment, in collaboration with the Department of the Interior, the Department of finance the provincial people's Committee issued the regulation on the coordination of functions and tasks between land development center, a branch of land fund development center with resources and environment The people's committees, district level, financial agencies and bodies, other relevant units ensure the principle as prescribed in paragraph 1 of this article.
Article 6. The effect and enforcement responsibilities 1. This circular effect from May 19, 2015 and replacing circular No. 01/2010/TTLT-BTC-BNV-BTNMT on 08 January 2010 of the Ministry of natural resources and environment, Ministry of the Interior, the Ministry of finance guidelines on the functions, duties, powers, organizational, staffing and financial mechanisms of the organization developing the Land Fund.
The provisions of article 4 of the circular was made until new regulations on mechanism for autonomous business units in the field of public economics career and other career.
2. The Chairman of the provincial people's Committee has the responsibility: a) decided to establish the Land Fund Development Center on the basis of consolidated fund development centre provincial land and the Land Fund Development Center at district level we have locally, ensuring no increase in staffing; transfer status quo plan, the mission, funding the State budget and other sources of capital, property, offices, equipment, records, documents and information relevant data of ground Fund Development Center at district level (if any) of the Land Fund Development Center;
b) based tutorials in this circular directs the establishment, perfecting the Land Fund Development Center, consistent with the requirements and particularities of local.
3. the people's committees of provinces and cities under central are responsible for implementation of this circular.
In the process if there are difficulties and obstacles the people's committees of provinces and cities under central timely reflection about the Ministry of natural resources and environment, Ministry of the Interior and the Ministry of finance to consider and resolve.