Advanced Search

Circular 38/2004/ttlt-Btnmt-Bnv: Guidance On The Functions, Duties, Powers And Organization Of The Office Of The Register Of Land Use And Land Development Organization

Original Language Title: Thông tư liên tịch 38/2004/TTLT-BTNMT-BNV: Hướng dẫn về chức năng, nhiệm vụ, quyền hạn và tổ chức của Văn phòng đăng ký quyền sử dụng đất và Tổ chức phát triển quỹ đất

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR guide on the functions, duties, powers and organization of the Office of the register of land use and development of land fund organizations pursuant to the law of the land in 2003;
Pursuant to Decree No. 185/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land;
Pursuant to Decree No. 91/2002/ND-CP on 11/11/2002 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 45/2003/ND-CP dated 9/5/2003 of government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Contact the Ministry of natural resources and the environment-Interior guide on the functions, duties, powers and organizational structure of the Office of the register of land use and land development organizations are as follows: i. the REGISTERED OFFICE of LAND USE 1. The position and function of 1.1. The registered office of land use rights is established in the province, central cities (hereafter referred to as the provincial level) and the district, County, town, and city in the province (hereinafter referred to as district level) is the agency that services your organization function performs registration of land use and adjust l? Italy fluctuations in land use record management; help the Agency of natural resources and the environment at the same level in the implementation of administrative procedures on management of land use, in accordance with the law.
1.2. the registered office of land use in the provincial Department of natural resources and the environment, due to the people's Committee of the central cities, decided to set up at the suggestion of the Director of the Department of natural resources and the environment and Director of the Department of the Interior; submit to the Organization, staffing and the work of the Department of natural resources and the environment.
1.3. the registered office of land use at district level in the room environment and resources, by the people's Committee at district level decision established by the recommendation of the Chief of the resources and the environment, the Chief of Internal Affairs-labour, invalids and Social Affairs; subject to the direction, management of resources and environment management divisions of the people's committees at district level.
For the district, the County, towns and cities in the province have not had enough facts about the facilities, the equipment, the team executed the mission to establish the Office of register of land use or due to demand registration of right to use land not big without established the Office of register of land use, the functions of the Office of the register of land use districts due to the room Resources and direct execution environment (except for the work that the Department and the results according to the mechanism of "one stop shop" are made in accordance with decision No 181/2003/QD-TTg on 04 September 2003 Prime Minister's Government issued regulations implementing the mechanism of "one stop shop" in the State administrative organs at local).
1.4. the registered office of land use activities according to the type of business, there are seals, open an account according to the current rules.
2. duties and powers 2.1. With regard to the registration office of the provincial land use 2.1.1. Help Director of Department of resources and environmental clues make the administrative procedures of the certification of land use rights for the province's institutions, religious establishments, the Vietnam settled abroad (except in the case of buying a home in association with land use in) foreign organizations, foreign individuals;
2.1.2. Registration of land use and control fluctuations in land use under the provisions of the law while performing the person's right to use the land is held, religious establishments, the Vietnam settled abroad (except in the case of buying a home in association with land use right in), foreign organizations foreign individuals;
2.1.3. the Establishment and management of the entire original record for all land plots in the scope of administrative boundaries; record copies from the original record to the Office to register the land use district level people's committees and communes, wards and towns;
2.1.4. Corrects the original record when there are fluctuations in the use of land resources and the Environment Agency, the Office of register of land use at district level; moved excerpt copy record original corrects for the registered office of land use district level people's committees and communes, wards and towns to modify a copy of record;
2.1.5. Providing figures for the Agency to function determines the level of currency money land use, land lease, the taxes related to the land for the use of land is held, religious establishments, Vietnam people settled abroad (except buying houses attached to land in) foreign organizations, foreign individuals;
2.1.6. store, manage a copy of land use right certificates and other documents that form in the process of implementation of the administrative procedure prescribed in point 2.1.1 clause 2.1;
2.1.7. Do statistics, land inventory and mapping of land use status;
2.1.8. The construction, management and development of land information systems; provides maps, cadastral map excerpts, copies the record, other information about the land serve state management requirements and the needs of the community;
2.1.9. In accordance with the law, make the collection of fees in land use management; perform the services have provided information on land;
2.1.10. the implementation of the reporting regime under the current rules on the implementation of the tasks of the work was delegated to the Department of natural resources and the environment;
2.1.11. employees, management and financial workers, in the assets of the Office under the provisions of the law.
2.2. for the registered office of land use districts 2.2.1. Help and Resource Manager environments clue made the administrative procedures of the certification of land use district for household, personal, Vietnam people settled abroad bought houses associated with the land use right in, residential community;
2.2.2. Registration of land use and control fluctuations in land use under the provisions of the law when implementing the land use rights of families, individuals, Vietnam people settled abroad bought houses associated with the land use right in, residential community;
2.2.3. store, manage and control the entire copy record for all land plots within the boundaries of the administrative districts as original record stars excerpt has tweaked the reason registered office of land use rights grant the send to; instructions and check the storage, management, and control the entire copy record of the people's Committee of the communes, wards and towns;
2.2.4. data provision for the Agency to function determines the level of currency money land use, land rents, taxes related to land for land users are households, individuals, Vietnam people settled abroad bought houses attached to land use in the , a residential community;
2.2.5. store, manage a copy of land use right certificates and other documents that form in the process of implementation of the administrative procedure prescribed in point 2.2.1 2.2 account;
2.2.6. Make indigenous land plots measuring excerpt; Statistics, land inventory and mapping of land use status and social level;
2.2.7. Provides maps, cadastral map excerpts, copies the record and other information about the land serve state management requirements and the needs of the community;
2.2.8. Perform the collection of fees in land use management in accordance with the law; perform the services have provided information on land, cadastral map excerpts, extract stars record;

2.2.9. the implementation of the reporting regime under the current rules on the implementation of the tasks of the work assigned to the Resource Room and the environment;
2.2.10. employees, management and financial workers, in the assets of the Office under the provisions of the law.
3. Organization and staffing 3.1. 3.1.1 Organization. The registered office of land use have the Director and from one to two Deputy Directors. The appointment, the dismissal of the Director and Deputy Director, follow the management hierarchy of officials in the central cities, and in accordance with standard titles by Ministry of natural resources and the environment.
3.1.2. The Director of the Department of natural resources and the environment specifies the tasks, powers and organizational structure of the Office of the register of land use provincial level as proposed by the Director of the Office.
3.1.3. The President of the people's Committee of the district level specifies the tasks, powers and organization of the Office of the register of land use at district level as proposed by the Chief of the resources and the environment, the Chief of Internal Affairs-labour, invalids and Social Affairs.
3.2. Staffing the management and use of the registered office of land use by the provincial people's Committee prescribed under Decree No. 112/2004/ND-CP dated April 8, 2004 of the Government payroll management mechanism for the business units of the State.
II. The LAND FUND DEVELOPMENT ORGANIZATION 1. The position and function of land fund development organizations have organized functions make the compensation, resettlement assistance for cases of State land after the planning, land use plan is approved and funds management of land in the urban area and areas of planned urban development that the State had recovered but not yet delivered , not for hire.
The land fund development organization by the provincial people's Committee decided to establish under the provisions of the law. Where it deems necessary and eligible under the provisions of the law, the establishment of the land fund development business (specific name of the business by the provincial people's Committee decision) is the State-owned public utility missions. The place of establishment of State enterprises, the establishment of the Land Fund's development center business units have the currency (the Center seal, open the account under current rules).
2. duties, powers, organization and staffing of the Land Fund 2.1 Development Center. Duties, powers 2.1.1. Implementation of the compensation, resettlement assistance for clearance by the decision to revoke the land of people Committee competent for cases recovered ground after the planning, land use planning is the review process, the specific project;
2.1.2. The State land fund management had recovered for the following cases: a Land Fund) was revoked after the planning, land use planning is the review process, specific projects due to the Land Fund Development Centre implemented the compensation, resettlement, assistance to the clearance specified in point 2.1 of this clause 2.1.1;
b) Land Fund by the State recovered in the case specified in clause 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 to article 38 of the law of the land for land in urban areas, the area of planned urban development.
2.1.3. The assignee the right to use the land in the area planned to recover the ground that land users wishing to move before the State has decided to withdraw;
2.1.4. To introduce investment location, assigned land to fund investment management; planning for land use was assigned to manage the provincial people's Committee approval;
2.1.5. The transfer of land are managed for people allocated land under the land lease, the decision of the provincial people's Committee;
2.1.6. Held auctions of land use at the discretion of the competent State Agency for land allocated to management;
2.1.7. Using the Land Fund is allocated to manage land reserve fund do to regulate the demand for land by decision of the provincial people's Committee, in accordance with the planning, land use plan has been approved;
2.1.8. Made the reporting regime under the current rules on the implementation of the tasks assigned to the governing body;
2.1.9. employees, management and financial workers, assets in the Land Fund Development Center under the provisions of the law;
2.1.10. Perform other duties by the provincial people's Committee.
2.2. Organisation and staffing 2.2.1. The Land Fund Development Center has a Director and from one to three Deputy Directors. The Director and Deputy Director by the Chairman of the provincial people's Committee appointed, dismissed.
2.2.2. the provincial people's Committee specified the tasks, powers and organizational structure of the Fund, the land development center.
2.2.3. The management and use of the Land Fund Development Center by the provincial people's Committee prescribed under Decree No. 112/2004/ND-CP dated April 8, 2004 of the Government payroll management mechanism for the business units of the State.
3. duties and powers of the business development fund, Land Fund, the land development business perform public tasks of developing the Land Fund (like that for land development center provided for in clause 2.1 section 2 of part II of this circular) by the provincial people's Committee, the central cities (outside of the profession of business registration under the provisions of the law).
III. IMPLEMENTATION 1. This circular effect after 15 days from the date The report.
2. the people's committees, the central cities basing on this circular directed the establishment of the Office of the register of land use and land development organization; steer organizational arrangements, adjusting tasks, powers and hand over the documents, the property serves the implementation of tasks and powers specified in section 2 of part I of this circular are due to other units in the Department of natural resources and the environment, the people's committees at district level make about registered office of land use.
When established the Office of register of land use, the procedure of receiving the request, records and paid results on registration of land use are to follow the "one-door" mechanism provided for in decision No 181/2003/QD-TTg was transferred to the Office of the register of land use made.
3. The Department of natural resources and environment, Department of the Interior has the responsibility to help the province people's Committee, the city of centrally organized implementation of this circular.
4. in the implementation process, if there are difficulties and obstacles, the provincial people's Committee, the central cities, resources and the environment, Department of the Interior reflects on Ministry of natural resources and environment, Ministry of the Interior to review resolution./.