Circular No. 75/2015/TT-BTNMT dated December 28, 2015 of the Ministry of Natural Resources and Environment on providing technical regulations on land database

CIRCULAR

On providing technical regulations on land database

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 21/2013/ND-CP dated March 04, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director General of the General Department of Land Administration, Director of the Department of Science and Technology and Director of the Department of Legal Affairs,

The Minister of Natural Resources and Environment hereby promulgates the Circular on providing technical regulations on land database

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular prescribes contents, structure and information type; reference system of space and time; metadata; data quality; data presentation; exchange and distribution of component databases of the land database as follows:

a) Cadastral database;

b) Database of land use master plans and plans;

c) Database of land prices;

d) Database of land statistics and land inventories.

2. Other component databases that are not specified in Clause 1 of this Article shall comply with other regulations of the Minister of Natural Resources and Environment.

Article 2. Subjects of application

1. State agencies managing natural resources and environment; specialized agencies in charge of natural resources and environment; cadastral civil servants of communes, wards or townships involved in the building, update, use and management of land database.

2. Other organizations and individuals involved in the building and use of land database.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Land database means a collection of land data that are arranged and organized to serve the access to, use, management and update of, information by electronic devices.

2. Land data includes spatial data of land, land property data and other data related to the land parcel.

3. Spatial data of land includes spatial data of foundation soil and other thematic spatial data.

4. Land property data includes cadastral property data; land use master plan and plan data; land price data; land statistic and land inventory data.

5. Other data related to the land parcel includes a certificate with digital signature or a scan of a certificate; cadastral book; legal document serving as a ground for granting a certificate; a contract or document for the performance of land use rights, ownership of house and land-attached assets notarized or certified in accordance with law provisions.

6. Metadata means data description information.

7. Data structure means a way of organizing and storing data in computers.

8. Information type of data means name, type of value and the information field length of data.

9. XML (eXtensible Markup Language) is an extended format language capable of describing many different types of data in a unified language and used to share data among information systems.

10. GML (Geography Markup Language) is an encoding of XML language to represent the content of geographic information.

Chapter II

TECHNICAL REGULATIONS ON LAND DATABASE

Article 4. Contents of spatial data of land

1. Spatial data of foundation soil includes:

a) Data layers of measurement control points include data layers of astronomical points, national coordinate points, grassroots cadastral points, cadastral points, fixed point of measurement and burying of landmarks; data layer of national elevation points, technical altitude points with burying landmarks;

b) Group of border and boundary data layers, including data layer of border and boundary landmarks; data layer on territories of provinces and centrally run cities (hereinafter referred to as provincial-level); data layer on territories of districts, towns and provincial cities (hereinafter referred to as district-level); data layer on territories of communes, wards and townships (hereinafter referred to as commune-level);

c) The group of hydrological data layers, including the hydrological data layer in the road form, the hydrological data layer in the region form;

d) The group of traffic data layers, including road center data layer, road surface data layer, road boundary data layer and railway data layer;

dd) The group of geographic and attention data layers, including data layers of place, economic, cultural and social points; attention data layer notes.

2. Thematic spatial data includes:

a) The group of cadastral data layers, including data layers of the land parcel, land-attached assets, data layers of boundary lines and landmarks of the safety corridor of works, construction and traffic master plans and other types of master plans related to the land parcel in accordance with the law on cadastral map;

b) The group of land use master plan and plan data layers, including data layers of provincial-level land use master plans and plans, provincial-level functional areas, district-level and use master plans, district-level functional areas and district-level annual land use plans;

c) The data layer group of land statistics and land inventories, including data layers on current land use at provincial level, district-level and commune level, data layers on aggregate boundary at provincial level, district level and commune level, and the data layer of the inventory survey result.

Article 5. Contents of land property data

1. Cadastral property data includes the following data groups:

a) Data group on land parcel;

b) Data group on subjects occupying land that does not form the land parcel;

c) Data group on land-attached assets;

d) Data group on land users, land managers, and owners of land-attached assets;

dd) Data group on land use right, land management right and ownership of land-attached assets;

e) Data group on legal status of land use rights, land management right and ownership of land-attached assets;

g) Data group on changes in the process of land use and ownership of land-attached assets;

h) Group of other data related to the land parcel.

2. Data on land use master plans and plans includes the following data groups:

a) Data group on land use master plans and plans at provincial level;

b) Data group on land use master plans at district level;

b) Data group on land use plans at commune level.

3. Land price data includes the following data groups:

a) Data group on land price according to land price tables;

b) Specific land price data group;

c) Group of transferred land price on the market.

4. Land statistic and land inventory data includes the following data groups:

a) Data group on current land use at provincial level;

b) Data group on current land use at district level;

b) Data group on current land use at commune level;

c) Data group on inventory survey result.

Article 6. Structure and information types of a land database

Structure and information types of a land database are specified in Appendix I attached to this Circular.

Article 7. Reference system of space and time applicable to land data

1. The national reference system and coordinate system, the national elevation system applicable to the spatial data of land shall comply with the current regulations on cadastral map.

2. Time reference system: Date, month and year according to the solar calendar; hours, minutes, seconds according to UTC + 07:00 (Coordinated Universal Time) time zone.

Article 8. Metadata on land

1. Metadata on land includes the following information groups:

a) Group of information describing land metadata;

b) Group of information describing reference and coordinate system;

c) Group of information describing land data;

d) Group of information describing land data quality;

dd) Group of information describing the method and process of distributing land data.

2. Metadata on land is prepared for the scope of building the approved land database and is updated when there are changes in the land data.

3. Metadata on land must be XML encoded.

4. Structure and information types of a land metadata are specified in Appendix II attached to this Circular.

Article 9. Land data quality

1. A cadastral data quality shall be determined for each land parcel, and must have uniform information between the cadastral spatial data, the cadastral property data and the cadastral record.

2. Quality of data on land use master plans and plans must be consistent with information between spatial data on land use master plans and plans and property data on land use master plans and plans.

3. Land price data quality shall be determined for each land parcel, and must be consistent with the prescribed land price and the competent State agency’s regulations.

4. Quality of data on land statistics and land inventories must be in consistent with information between spatial data of land statistics and land inventories and land statistic and land inventory data.

5. The appraisal, inspection and acceptance of land database shall comply with the Minister of Natural Resources and Environment’s  regulations on appraisal, inspection and acceptance of information and technology tasks and projects related to natural resources and environment, applicable to the building of land database; regulations on supervision, inspection, appraisal and acceptance of works and products in the land field.

Article 10. Presentation and display of land databases

1. The presentation of land property data shall comply with the land law on certificates of the land use right, ownership of houses and land-attached assets; cadastral records; land use master plans and plans; land price and land inventory.

2. The display of spatial data of land is specified in Appendix III attached to this Circular.

Article 11. Exchange and distribution of land data and metadata

1. Data format used in the exchange and distribution of land data shall be applied according to the GML.

2. Metadata format used in the exchange and distribution of land metadata shall be applied according to the XML.

3. Land data and metadata shall be exchanged and distributed under the form of data file through data storage devices and data transmission services.

GML and XML application map applicable to the exchange and distribution of land data and metadata is specified in Appendix IV attached to this Circular.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 12. Effect

1. This Circular takes effect on August 01, 2016.

2. This Circular replaces the Circular No. 17/2010/TT-BTNMT dated October 04, 2010 of the Minister of Natural Resources and Environment on providing technical regulations on land database.

Article 13. Transitional provisions

In case where construction works and projects on building land database have been approved and implemented before the effective date of this Circular but not yet completed:

1. For works and projects whose technical - estimate design contents are inappropriate to this Circular and have not yet been implemented, the project owner shall review, adjust and supplement components of land database under this Circular for additional approval, and implementation organization.

2. For works and projects under implementation and have been inspected at the construction unit, they shall be continue to be implemented according to the approved technical - estimate design. In this case, the project owner shall review, adjust and supplement components in accordance with regulations of this Circular for the implementation organization.

3. For works and projects under implementation and have not been inspected at the construction unit, the project owner shall review, adjust and supplement components in accordance with regulations of this Circular for further implementation by the construction unit.

Article 15. Implementation responsibilities

1. Ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally run cities shall direct and organize the implementation of this Circular.

2. The General Department of Land Administration shall inspect the implementation of this Circular.

3. The Department of Natural Resources and Environment shall help People’s Committees of provinces and centrally run cities in implementation of this Circular.

Any problems arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and settlement./.

* All Appendices are not translated herein.