Circular 39/2011/ttlt-Btc-Btnmt: Regulation On Management, Use Of Funding To Conduct The Measurements Determine The Land Serve The Sanctioning Administrative Violations In The Field Of Land

Original Language Title: Thông tư liên tịch 39/2011/TTLT-BTNMT-BTC: Quy định về quản lý, sử dụng kinh phí thực hiện việc đo đạc xác định diện tích đất phục vụ xử phạt vi phạm hành chính trong lĩnh vực đất đai

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CIRCULAR on management rules, use the funds to conduct the measurements determine the land serve the sanctioning administrative violations in the field of land _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the land on November 26, 2003;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Pursuant to Decree No. 105/2009/ND-CP dated 11 November 2009 by the Government on sanctioning administrative violations in the field of land;
Pursuant to Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment; Decree No. 19/2010/ND-CP of March 2010 the Government amendment, addition of points c, d, g, h and i of paragraph 5 article 2 of Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to decision No. 39/2008/QD-TTg dated 14 March 2008 by the Prime Minister issued the tender regulations, orders, tasked with providing services to the public using the State budget;
Ministry of natural resources and environment and the Ministry of finance regulation on management, use of funding to conduct the measurements determine the land serve the sanctioning administrative violations in the field of land, as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circulars on the management and use of funds to conduct the measurements determine the land serve the sanctioning administrative violations in the field of land are regulated in article 31 of Decree No. 105/2009/ND-CP dated 11 November 2009 by the Government on sanctioning administrative violations in the field of land.
Article 2. Application object state management agencies, specialized agencies of resources and environment, finance and other agencies, organizations and individuals related to the management and use of funds to conduct the measurements determine the land serve the sanctioning administrative violations in the field of land.
Chapter II management, USING FUNDING MADE the MEASUREMENT DETERMINES the LAND article 3. Management principles, using funding made the measurement determines the land 1. Funding to implement the measurement determines the land serve the sanctioning administrative violations in the field of land due to local budget guarantees from genus estimation economic and career are arranged in the estimation of the annual State budget expenditure allocated to resource and environmental agencies in the scope of local management.
2. Every year, the Agency of natural resources and the environment the provincial level, district level is responsible for estimating the expense of implementing the measurement determines the land serve the sanctioning administrative violations in the field of land according to the current rules of the law on the State budget and other documents guiding the implementation.
3. Estimation of funding made the measurement determines the land was established according to the current rules, including: a) for work have technical and economic limit price: the estimation is determined by the volume of work (x) unit price products are the State Agency has the authority to decide and other expenses if applicable;
b) for the category of the work does not yet have the technical and economic level of unit price: based on content, the volume of work needs done, current financial spending and are approved by the authority.
Article 4. Decentralized task cost measurements determine the land The task hierarchy for the resource and the Environment Agency are responsible for holding the measurement determines the land serve the sanctioning administrative violations in the field of land according to the job responsibilities of each agency as follows : 1. The Department of natural resources and environment is responsible for organizing the measurement determines land violation for the use of land is held in the country, religious establishments, organizations, foreign individuals, Vietnam people settled abroad were delivered to Earth, land rental to undertake investment projects.
2. Natural resources and environment is responsible for organizing the measurement determines the land in violation of land use for people's personal, household, who settled overseas Vietnam House property associated with the land use right in. Article 5. Executive estimating the allocation of State budget estimation, estimation and adjustment of operating cost estimates measure determine the land serve the sanctioning administrative violations in the field of land made under the provisions of circular No. 59/2003/TT-BTC dated 23 June 2003 of the Ministry of Finance shall guide the implementation of Decree No. 60/2003/ND-CP of June in 2003 the Government's detailed rules and guidelines for implementing the law on the State budget or text amendments, supplements (if any).
Article 6. Check the, the expenditure settlement made measurements determine land 1. The Agency of natural resources and the environment was given the cost estimates make the measurement determines the land serve the sanctioning administrative violations in the field of responsible land settlement funding is allocated in accordance with the provisions of the law on the State budget.
2. The Agency of natural resources and environment of the upper level is responsible for cooperation with the financial institutions to check, guide, handle the violation (if any) for the management and use of funds to conduct the measurements determine the land serve the sanctioning administrative violations in the field of land in accordance with the provisions of the law in order to ensure the use of budget funds more efficient, effective.
Chapter III the TERMS of the IMPLEMENTATION of article 7. Effect and implementation 1. This circular has effect from January 1, 2012.
2. State agencies, the Organization related to the measurement of identified land serves sanction administrative violations in the field of land are responsible for implementation of this circular.
3. the people's committees of provinces and cities under central are responsible for implementation of this circular.
In the process if there are obstacles, local, timely reflection about the Ministry of natural resources and environment, the Ministry of finance to consider and resolve.