Chương II Nghị định 43/2014/NĐ-CP: Hệ thống tổ chức quản lý đất đai và dịch vụ trong quản lý, sử dụng đất đai

Chapter II

THE SYSTEM OF LAND ADMINISTRATION ORGANIZATION AND SERVICES IN THE LAND MANAGEMENT AND USE

Article 4. Land administration agencies

1. Local land administration agencies include:

a/ Land administration agencies of provinces and centrally run cities which are provincial- level Natural Resources and Environment Departments;

b/ Land administration agencies of districts, towns and provincial cities which are district-level Natural Resources and Environment Divisions.

2. Provincial-level People’s Committees and district-level People’s Committees shall organize land administration apparatuses in their localities; district-level People’s Committees shall appoint cadastral officers of communes, wards and townships to perform land administration tasks.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, specifying the functions, tasks and organizational structures of local land administration agencies and tasks of cadastral officers of communes, wards and townships.

Article 5. Provision of land-related services

1. Land registration offices:

a/ Land registration offices are public non-business units of provincial-level Natural Resources and Environment Departments established or reorganized by provincial-level People’s Committees on the basis of consolidating existing land use rights registration offices of provincial-level Natural Resources and Environment Departments and district-level Natural Resources and Environment Divisions in localities; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law.

Land registration offices have the functions of registering land and other land-attached assets; compiling, managing, updating and uniformly revising cadastral dossier and land databases; making land statistics and inventory; providing land information to organizations and individuals at their request under regulations;

b/ Land registration offices have branches in districts, towns and provincial cities. Branches of land registration offices may perform the functions and tasks and exercise the powers of land registration offices under decisions of provincial-level People’s Committees;

c/ Operation funds of land registration offices must comply with regulations on finance of public non-business units.

2. Land fund development organizations:

a/ Land fund development organizations are public non-business units established in accordance with the law on establishment, reorganization and dissolution of public non-business units; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law; have branches in districts, towns and provincial cities. For localities that currently have both provincial-level and district-level land fund development organizations, these organizations shall be consolidated.

Land fund development organizations have the functions of creating, developing, managing and exploiting land funds; organizing the payment of compensations, provision of support, and resettlement; receiving land use rights transferred by organizations, households and individuals; organizing the auction of land use rights and providing other services.

b/ Operation funds of land fund development organizations must comply with regulations on finance of public non-business units.

3. Land-related services, including:

a/ Surveying and assessing land; improving land;

b/ Elaborating land use master plans and plans;

c/ Measuring and making cadastral maps and dossier, building land databases, making dossiers for grant of certificates of land use rights and ownership of houses and other land- attached assets;

d/Providing consultancy on determination of land prices;

dd/ Auctioning land use rights;

e/ Paying compensations, providing support and organizing resettlement.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and the Ministry of Finance in. specifying the organizational structures, tasks and operation mechanism of land registration offices and land fund development organizations.

5. Land registration offices and land fund development organizations must be established or reorganized before December 31, 2015. Pending the establishment or reorganization of offices or organizations defined in Clauses 1 and 2 of this Article, previously established land use rights registration offices and land fund development centers may continue operating according to their assigned functions and tasks.

Article 6. Land development fund

1. Land development funds mentioned in Article 111 of the Land Law shall be established in accordance with the law on establishment, reorganization and dissolution of public non-business units or entrusted to the development investment funds or other financial funds of localities before January 1, 2015. Land development funds are state financial institutions attached to provincial-level People’s Committees, have the legal person status, conduct independent accounting, have own seals and may open accounts at the State Treasury and credit institutions for their operation in accordance with law.

Land development funds established before July 1, 2014, may continue operating under this Decree.

2. Financial sources of land development funds shall be incorporated in local budget estimates, allocated from the state budget right upon their establishment and annually supplemented; and may be mobilized from other sources, including aid, financial assistance, support or sources entrusted for management of international organizations, domestic and foreign organizations and individuals under aid, financial assistance or entrustment programs or projects.

Based on annual land use plans, provincial-level People’s Committees shall submit to People's Councils of the same level for decision state budget allocations for land development funds upon their establishment and specific annual additional allocations for the funds suitable to their local conditions.

3. Land development funds shall be used to advance capital for land fund development organizations and other organizations to pay compensations for ground clearance and create land funds under land use master plans and plans approved by competent agencies.

4. The Ministry of Finance shall submit to the Prime Minister for promulgation a model regulation on management and use of land development funds; and prescribe the allocation, accounting, settlement and finalization of land development funds, mobilization and use of financial sources of land development funds, and a mechanism of entrustment to development investment funds and other financial funds of localities in case no land development fund is established under regulations on management of the State’s budget and financial funds.

Provincial-level People’s Committees shall base themselves on Clauses 1, 2 and 3 of this Article, the model regulation on management and use of land development funds promulgated by the Prime Minister and other relevant regulations to decide on establishment or adjustment of the functions and tasks of previously established land development funds and on the organizational structure, financial sources and operation mechanism of land development funds to suit local conditions and situations.