Amending and supplementing regulations on organization of land fund development (Tentative)? From which source does the Fund for Land Fund Development Organization in Vietnam come from?
- In the near future, how will the regulations on organization of land fund development be amended in Decree 43/2014/ND-CP?
- According to current regulations, how is the organization of land fund development regulated?
- From what source does the Fund forand Fund Development Organization in Vietnam come from?
In the near future, how will the regulations on organization of land fund development be amended in Decree 43/2014/ND-CP?
According to Clause 1, Article 1 of the Draft Decree amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law as follows:
To amend and supplement Clause 2, Article 5 as follows:
Land Fund Development Organization in Vietnam:
a) Land Fund Development Organization in Vietnam is a public non-business unit directly under the People's Committee of the province, the People's Committee of the district, established in accordance with the law on establishment, reorganization and dissolution of the enterprise. public career positions; have legal status, head office, own seal and can open an account to operate in accordance with the law;
b) Land Fund Development Organization in Vietnam has the function of developing, managing and exploiting the land fund; organize the implementation of compensation, support and resettlement; transfer, lease, lease or sublease land use rights; being the investor of ground clearance projects, infrastructure construction investment projects, land fund development projects, resettlement projects; organize the auction of land use rights and perform other tasks decided by the People's Committees of provinces and districts;
c) Operational funding of the Land Fund Development Organization in Vietnam is allocated from the state budget, revenues from non-business activities, advances from the land development fund or development investment fund or other entrusted financial funds; loans from credit institutions licensed to operate in Vietnam; mobilized from joint ventures and associations; sources of aid, funding, investment capital for project implementation and other sources as prescribed by law.
Site clearance projects, infrastructure construction investment projects, land fund development projects, and resettlement projects may use the project's investment capital, the capital source from the Land Development Fund or the Investment Fund. development investment, other financial funds entrusted to implement the project under the decision of the competent authority.
Expenses for performing the functions of the Land Fund Development Organization specified at Point b of this Clause shall be included in the project investment expenses or deducted from the proceeds from the auction of land use rights before being remitted to the state budget. the State to repay and pay the loans in accordance with the law.
Amending and supplementing regulations on organization of land fund development (Tentative)? From which source does the Fund for Land Fund Development Organization in Vietnam come from? (Picture from internnet)
According to current regulations, how is the organization of land fund development regulated?
According to Clause 2, Article 5 of Decree 43/2014/ND-CP guiding the implementation of the Land Law as follows:
"Article 5. Providing services in the field of land
...
2. Land fund development organization:
a) Land fund development organization is a public non-business unit established in accordance with the law on establishment, reorganization and dissolution of public non-business units; have legal status, head office, own seal and can open an account to operate in accordance with the law; has branches in districts, towns, provincial cities.
+ For localities that already have provincial and district land fund development organizations, the land fund development organizations shall be reorganized on the basis of merging the existing provincial and district land fund development organizations.
- The land fund development organization has the function of creating, developing, managing and exploiting the land fund; organize the implementation of compensation, support and resettlement; receive the transfer of land use rights of organizations, households and individuals; organize the auction of land use rights and perform other services.
b) The operating budget of the land fund development organization shall comply with the provisions of the law on finance for public non-business units."
From what source does the Fund forand Fund Development Organization in Vietnam come from?
According to Article 6 of Decree 43/2014/ND-CP (amended by Clause 7, Article 2 of Decree 01/2017/ND-CP) the following regulations:
"Article 6. Land development fund
1. The land development fund specified 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 fund. , other local financial funds before January 1, 2015.
+ Land development fund is a state financial institution, affiliated to the People's Committee of the province, has legal status, independent accounting, has its own seal, and may open accounts at the State Treasury and other organizations. credit institutions to operate in accordance with the law.
+ Land development funds established before July 1, 2014 shall continue to operate in accordance with this Decree.
2. The capital source of the land development fund shall be allocated by the state budget and included in the local budget estimates, allocated at the beginning of its establishment, and supplemented on an annual basis; mobilized from other capital sources include:
+ Capital aid, sponsorship, support or management entrustment of international organizations, domestic and foreign organizations and individuals according to aid, sponsorship, or entrustment programs or projects in accordance with regulations of the Government. law.
+ Based on the annual land use plan, the People's Committee of the province shall submit it to the People's Council of the same level for decision on the level of state budget allocated to the land development fund upon its establishment, the additional deduction for the land development fund. Specific annual land development fund to suit the actual conditions of the locality.
3. The land development fund is used to advance capital to the land fund development organization and other organizations for compensation, site clearance and creation of land fund according to approved master plans and plans on land use approved by the competent authority.
4. The Ministry of Finance shall submit to the Prime Minister for promulgation the Model Regulation on the management and use of the Land Development Fund; stipulate the allocation, accounting, payment and settlement of funds, mobilization and use of capital sources of the Land Development Fund and the entrustment mechanism for the Development Investment Fund and other local financial funds for the school. In case the Land Development Fund is not established, it operates independently in accordance with the State's regulations on budget and financial fund management.
Provincial-level People's Committees shall base themselves on the provisions of Clauses 1, 2 and 3 of this Article, the Prime Minister's Model Regulation on management and use of the Land Development Fund and other relevant regulations to decide establish or adjust the functions and tasks of the Land Development Fund previously established and decide on the organizational structure, capital sources and operation mechanism of the Land Development Fund to suit the conditions and situation. local reality."
LawNet
