Joint Circular No. 01/2010/TTLT-BTNMT-BNV-BTC dated January 08, 2010 of the Ministry of Natural Resources and Environment, the Ministry of Home Affairs and the Ministry of Finance guiding the functions, tasks, powers, organizational structure and financial mechanism of land fund development organizations

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Issuing body:	Ministry of Home Affairs; Ministry of Finance; Ministry of Natural Resources and Environment	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	01/2010/TTLT-BTNMT-BNV-BTC	Signer:	Nguyen Duy Thang; Nguyen Manh Hien; Nguyen Huu Chi
Type:	Joint Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	08/01/2010	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
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THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -THE MINISTRY OF HOME AFFAIRS - THE MINISTRY OF FINANCE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 01/2010/TTLT-BTNMT-BNV-BTC	Hanoi, January 08, 2010

JOINT CIRCULAR

GUIDING THE FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND FINANCIAL MECHANISM OF LAND FUND DEVELOPMENT ORGANIZATIONS

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -THE MINISTRY OF HOME AFFAIRS - THE MINISTRY OF FINANCE

Pursuant to the Governments Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government's Decree No. 48/ 2008/ND-CP of April 17, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27,2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Governments Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement.

The Ministry of Natural Resources and Environment, the Ministry of Home Affairs and the Ministry of Finance jointly guide the functions, tasks, powers, organizational structure and financial mechanism of land fund development organizations as follows:

Chapter I

FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE

Article 1. Position and functions

1. Land fund development organizations are established in provinces and centrally run cities (below referred to as provincial level) and rural and urban districts, towns and provincial cities (below referred to as district level), which function to organize compensation, support and resettlement; create land areas for auction of land use rights to serve socio-economic development and stabilize the real estate market; buy land use rights; develop resettlement areas; build infrastructure on land; auction land use rights; bid land-using projects; manage recovered, sold, created and developed land areas; and provide services related to compensation and ground clearance.

2. Provincial-level land fund development organizations are units attached to provincial-level Natural Resources and Environment Departments and established under decisions of provincial-level People's Committees at the proposal of directors of provincial-level Natural Resources and Environment Departments and Home Affairs Departments. District-level land fund development organizations are units attached to district-level People's Committees and established under decisions of provincial-level People's Committees at the proposal of chairpersons of district-level People's Committees and directors of provincial-level Home Affairs Departments.

3. Land fund development organizations are income-generating non-business units which ensure pan or all operation expenses themselves, have the legal entity status, head offices and own seals; and may open accounts at the State Treasury and credit institutions for operation under law.

Article 2. Tasks and powers

Aland fund development organization has the following tasks:

a/ To organize compensation, support and resettlement when the Stale recovers land;

b/ To create and develop land funds to auction land use rights; serve socio-economic development; education and training, vocational training, healthcare, culture, physical training and sports and environment, and meet other needs of localities; and stabilize the real estate market;

c/ To buy land use rights from organizations, households and individuals under law;

d/ To develop resettlement areas, points and houses in service of land recovery for projects;

e/To build infrastructure for auction on land areas assigned to it for management;

f/ To manage land areas which have been cleared, bought, created and developed; houses built for resettlement; and land areas recovered under Clauses 2 thru 12, Article 38 of the Land Law in urban areas and areas which have been planned for urban development but have not been assigned with investment projects or have not had their land use rights auctioned;

g/ To auction land use rights and bid land-using projects under law;

h/ To elaborate plans to use land areas assigned to ii for management and plans, schemes and investment projects to create and develop land funds and submit them to competent authorities for decision;

i/ To provide services related to compensation and ground clearance; to provide information on investment sites, land prices and land funds for organizations and individuals upon request;

j/ To perform tasks under programs, plans, projects and schemes and provide services relevant to its assigned tasks and professional operations;

k/ To coordinate with concerned agencies, organizations and individuals in performing its assigned (asks;

l/ To perform other tasks under decisions of competent authorities.

2. A land fund development organization has the following powers:

a/ To be provided with documents on policies and laws of the State and other documents related to its assigned tasks;

b/ To provide consultancy and services in areas relevant to its assigned functions and tasks for organizations and individuals;

c/ To enter into joint ventures, partnership or cooperation with economic organizations or individuals to perform tasks or provide services under decisions of competent authorities;

d/ To hire consultants for the performance of jobs within its assigned functions and tasks.

Article 3. Organizational structure

1. A land fund development organization has a Director and no more than two Deputy Directors. The Director and Deputy Directors shall be appointed and relieved from duty under the personnel management decentralization of provincial-level People's Committees according to criteria and titles prescribed by law.

2. A land fund development organization may establish no more than three professional divisions. The number of these divisions shall be based on the characteristics of each locality and the tasks of the land fund development organization.

The director of the provincial-level Natural Resources and Environment Department shall specify the tasks, powers and organizational structure of a provincial-level land fund development organization after reaching agreement with the director of the provincial-level Home Affairs Department. The chairperson of the district-level People's Committee shall specify the tasks, powers and organizational structure of a district-level land fund development organization at the proposal of the director of the land fund development organization and the head of the district-level Home Affairs Division.

Article 4. Payroll

The payroll of a land fund development organization is the non-business one to be decided by the provincial-level People's Committee. The management and employment of staff on the land fund development organization's payroll comply with the Government's Decrees No. 112/2004/ND-CP of April 8, 2004, prescribing the mechanism for management of payroll of state non-business units; and No. 43/2006/ND-CP of April 25,2006. on public non-business units' autonomy and accountability in task performance, organizational apparatus, payroll and finance, and documents guiding these decrees.

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