Circular 27/2018/TT-BTNMT land statistics and inventory, and making of land-use status quo maps

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Circular No. 27/2018/TT-BTNMT dated December 14, 2018 of the Ministry of Natural Resources and Environment prescribing land statistics and inventory, and making of land-use status quo maps
Issuing body: Ministry of Natural Resources and EnvironmentEffective date:
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Official number:27/2018/TT-BTNMTSigner:Nguyen Thi Phuong Hoa
Type:CircularExpiry date:
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Issuing date:14/12/2018Effect status:
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Fields:Land - Housing , Natural Resources - Environment
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THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
 __________

No. 27/2018/TT-BTNMT

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

_________________
Hanoi, December 14, 2018

CIRCULAR

Prescribing land statistics and inventory, and making of land-use status quo maps

 

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Statistics dated November 23, 2015;

Pursuant to the Law on Survey and Mapping dated June 14, 2018;

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014, detailing the implementation of a number of articles of the Land Law;

Pursuant to the Government’s Decree No. 35/2015/ND-CP dated April 13, 2015, on management and use of land for rice cultivation;

Pursuant to the Government’s Decree No. 94/2016/ND-CP dated July 1, 2016, detailing and guiding the implementation of a number of articles of the Law on Statistics;

Pursuant to the Government’s Decree No. 01/2017/ND-CP dated January 6, 2017, amending and supplementing a number of decrees detailing the implementation of the Land Law;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 4, 2017, 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 for Land Administration, and the Director of the Legal Department,

The Minister of Natural Resources and Environment hereby promulgates the Circular prescribing land statistics and inventory, and making of land-use status quo maps.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Circular prescribes the timeframes, indicators, forms, contents, methodology, procedures for, and inspection, submission, and retention of, land statistics and inventory and making of land-use status quo maps nationwide; in provinces and centrally-run cities; in rural districts, urban districts, towns and provincial cities; in communes, wards and townships.

Article 2. Subjects of application

1. The Ministry of National Defense, Ministry of Public Security; State governance authorities, specialized authorities in charge of natural resources and environment at all levels; cadastral civil servants in communes, wards and townships (hereinafter referred to as commune-level cadastral civil servants).

2. Land users, persons assigned by the State to administrate land, and other organizations and individuals engaged in land statistics and inventory and making of land-use status quo maps.

Article 3. Purposes of land statistics and inventory

1. To evaluate the actual situation of land management and use, and propose solutions to enhance land use management and improve land use efficiency.

2. To serve as a basis for formulating and adjusting land-use plans and master plans.

3. To serve as a basis for proposing adjustments to land policies and law regulations.

4. To provide data for the compilation of statistical yearbooks at all levels and serve land information needs for socio-economic activities, national defense, security, scientific research, education and training, and other needs of the State and the society.

Article 4. Principles of land statistics and inventory

1. Types of land, types of land users, land management entities, and other indicators to be statistically recorded and inventoried must accurately reflect the status quo at the time of statistics and inventory, unless otherwise prescribed in Clause 2 and Clause 4 of this Article.

2. In cases where land has not yet been used according to an existing decision on land allocation, land lease, or land repurposing permission at the time of statistics and inventory, both the land type and intended user under the decision should be recorded. Additionally, a separate survey based on the land's current use must be conducted (using Tables 05/TKDD and 05a/TKDD) for monitoring and management. In cases where land has been allocated or leased under an existing decision but not yet physically transferred, the statistics and inventory shall reflect its current use.

3. In cases where the land's current use purpose differs from the recorded use purpose in the cadastral record, the inventory must reflect both the current use and for the purposes recorded in the cadastral record, and then summarize the latter in separate tables (No. 06/TKDD and No. 06a/TKDD) for audit, inspection, and handling in accordance with the law regulations.

4. In case of crop restructuring on land previously used for rice cultivation as prescribed in Article 4 of the Government’s Decree No. 35/2015/ND-CP dated April 13, 2015, on management and use of land for rice cultivation, and Clause 11, Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 6, 2017, amending and supplementing a number of decrees detailing the implementation of the Land Law, the statistics and inventory shall be conducted as if the land were still used for rice cultivation. Additionally, a separate inventory of land areas previously used for rice cultivation but now restructured for other crops shall be made (using Table 02a/TKDD).

5. In cases where the land is currently used for multiple purposes, in addition to the statistics and inventory of the main land use purpose, additional statistics and inventory for land use purposes combined therewith shall be conducted separately (using Table No. 07/TKD). The main land use purposes shall be determined in accordance with Article 11 of the Land Law and Article 3 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law, which was amended and supplemented under Clause 1, Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 6, 2017 amending and supplementing a number of decrees detailing the implementation of the Land Law.

6. Periodic land inventory data shall be compiled from the results of surveying, delineation, and making of land inventory maps for the entire land area within the administrative boundaries of the inventory unit.

Annual land statistics shall be compiled from land inventory maps that have been adjusted in case of fluctuations for which the land-related administrative procedures have been completed in the statistical year in accordance with the law regulations.

7. The area of land parcels on the commune-level land inventory map is measured in square meters (m²). The land area data in inventory and statistical tables are expressed in hectares (ha), rounded to the nearest hundredth (0.01 ha) at the commune level, to the nearest tenth (0.1 ha) at the district level, and rounded to the nearest whole number (01 ha) at the provincial and national levels.

Article 5. Deadlines and timeframes for making land statistics

1. The deadline for annual land statistics is December 31 of each year (except for land inventory years).

2. The timeframes for making annual land statistics and submitting reports thereof are prescribed as follows:

a) People's Committees of communes, wards and townships (hereinafter referred to as commune-level People's Committees) shall make annual land statistics from November 15 every year (in the course thereof, they must continue summarizing land-related fluctuations until December 31); complete and submit reports on results thereof to People's Committees of rural districts, urban districts, towns, or provincial cities (hereinafter referred to as district-level People's Committees) before January 16 of the succeeding year;

b) District-level People's Committees shall complete and submit reports on results thereof to People's Committees of provinces or centrally-run cities (hereinafter referred to as provincial-level People's Committees) before February 1 of the succeeding year;

c) Provincial-level People's Committees shall complete and submit reports on results thereof to the Ministry of Natural Resources and Environment before February 16 of the succeeding year;

d) The Ministry of Natural Resources and Environment shall complete and submit the report on results thereof to the Prime Minister before March 16 of the succeeding year;

dd) In cases where the timeframes prescribed at Points b and c of this Clause coincides with the Lunar New Year holidays, the submission of the report on results shall be delayed until the end of the Lunar New Year holidays as prescribed.

Article 6. Deadlines and timeframes for conducting land inventory and making land-use status quo maps

1. The deadline for quinquennially conducting land inventory and making land-use status quo maps is December 31 of years ending in 4 or 9.

2. The timeframes for quinquennially conducting land inventory and making land-use status quo maps, and submitting reports on results thereof are prescribed as follows:

a) Commune-level People's Committees shall conduct land inventory and make land-use status quo maps from August 1 of the inventory year (in the course thereof, they must continue summarizing land-related fluctuations until December 31); complete and submit reports on results thereof to district-level People's Committees before January 16 of the succeeding year;

b) District-level People's Committees shall complete and submit reports on results thereof to provincial-level People's Committees before March 1 of the succeeding year;

c) Provincial-level People's Committees shall complete and submit reports on results thereof to the Ministry of Natural Resources and Environment before April 16 of the succeeding year;

d) The Ministry of Natural Resources and Environment shall complete and submit the report on results thereof to the Prime Minister before June 16 of the succeeding year;

dd) In cases where the timeframes prescribed at Points b and c of this Clause coincides with the Lunar New Year holidays, the submission of the report on results shall be delayed until the end of the Lunar New Year holidays as prescribed.

3. The deadlines and timeframes for conducting theme-based land inventory shall be subject to the decision of the Prime Minister or the Minister of Natural Resources and Environment.

Article 7. Responsibilities for implementation, and competence to approve and publicly disclose results of land statistics, land inventory and making of land-use status quo maps

1. Responsibilities for implementation, and competence to approve and publicly disclose results of periodic land statistics, land inventory and making of land-use status quo maps are prescribed as follows:

a) Commune-level People's Committees shall make land statistics, conduct land inventory, and make land-use status quo maps at the commune level. Commune-level cadastral civil servants shall assist commune-level People's Committees and sign off on statistical tables and inventory and land-use status quo maps at the commune level. Chairpersons of commune-level People's Committees shall approve statistical tables. inventory and land-use status quo maps at the commune level, and report the results thereof to district-level People's Committees;

b) District-level Divisions of Natural Resources and Environment shall assist district-level People's Committees in making land statistics, conducting land inventory and making land-use status quo maps at the district level. Heads of district-level Divisions of Natural Resources and Environment shall sign off on statistical and inventory tables, and land-use status quo maps at the district level. Chairpersons of district-level People's Committees shall approve Table No. 01/TKDD - Periodic land statistics and inventory, and land-use status quo maps, and report the results of land statistics and inventory at the district level to provincial-level People's Committees;

c) Provincial-level Departments of Natural Resources and Environment shall assist provincial-level People's Committees in making land statistics, conducting land inventory, and making land-use status quo maps at the provincial level. Directors of provincial-level Departments of Natural Resources and Environment shall sign off on statistical and inventory tables, and land-use status quo maps at the provincial level. Chairpersons of provincial-level People's Committees shall approve Table No. 01/TKDD - Periodic land statistics and inventory, and land-use status quo maps, and report the results of land statistics and inventory at the provincial level to the Ministry of Natural Resources and Environment;

d) Land Registries and their branches (hereinafter collectively referred to as Land Registries) shall assume the prime responsibility for, and coordinate with district-level Divisions of Natural Resources and Environment in, reviewing and summarizing land plots with land-related fluctuations for which administrative procedures have been completed within the land statistics and inventory period, and send the results thereof to commune-level People's Committees for making land statistics and conducting land inventory (unless otherwise commune-level units have built inter-connected land database for all levels) while assisting provincial-level Departments of Natural Resources and Environment in making land statistics and conducting land inventory at the provincial level;

dd) The General Department of Land Administration shall assist the Minister of Natural Resources and Environment in making land statistics, conducting land inventory and making land-use status quo maps of the whole country. The Director General of the General Department of Land Administration shall sign off on statistical and inventory tables and land-use status quo maps of the whole country. The Minister of Natural Resources and Environment shall approve the national report on land statistics and inventory results and submits it to the Prime Minister, and sign a decision to publicly disclose the land statistics and inventory results of the whole country;

e) Based on the actual conditions in terms of technology application and competency of professionals of local authorities at all levels, provincial-level Departments of Natural Resources and Environment shall coordinate with district-level People's Committees to establish coordination and support mechanisms among Land Registries, district-level Divisions of Natural Resources and Environment, and commune-level People's Committees in performing the tasks of land statistics and inventory, and making of land-use status quo maps, and submit them to provincial-level People's Committees for approval.

Provincial-level Departments of Natural Resources and Environment shall direct specialized agencies in charge of land management, sea and island management, and environmental management to coordinate with each other in making statistics and conducting inventory of coastal land with water surface being currently used for multiple purposes, land in nature and biodiversity reserves and wetlands in their respective localities.

2. Responsibilities for implementation, and competence to approve and publicly disclose results of theme-based land inventory are prescribed as follows:

a) The General Department of Land Administration shall assume the prime responsibility for conducting theme-based land inventory of the whole country and summarizing the results thereof, and either send a report to the Minister of Natural Resources and Environment for approval and public disclosure, or submit the results to the Minister for reporting to the Prime Minister for approval and public disclosure in cases where the theme-based land inventory is conducted under the Prime Minister's decision;

b) Provincial-level People's Committees shall coordinate with it to organize, direct and conduct theme-based land inventory in their respective localities in accordance with the plans and guidelines of the Ministry of Natural Resources and Environment.

3. Provincial-level People's Committees shall, based on the actual situation of their respective localities, prescribe the hiring of consultancies to make land statistics, conduct land inventory, and draw land-use status quo maps in accordance with regulations, whereby meeting quality requirements within the timeframes in their respective localities in accordance with this Circular. The General Department of Land Administration may hire consultancies to perform some of its tasks related to land inventory and making of land-use status quo maps in accordance with regulations.

 

Chapter II

LAND STATISTICS AND INVENTORY, AND MAKING OF LAND-USE STATUS QUO MAPS

 

Section 1. SYSTEMS OF INDICATORS AND TABLES FOR ERIODIC LAND STATISTICS AND INVENTORY

 

Article 8. Indicators of land types in periodic statistics and inventory

The indicators of land types in statistics and inventory are classified by land use purposes and divided from general to specific categories in accordance with the following regulations:

1. Agricultural land, including:

a) Land for agricultural production, including land for annual crop production and land for perennial crop production.

Land for cultivation of annual crops, including land for rice cultivation (including land used exclusively for wet rice cultivation, land otherwise used for wet rice cultivation, and land for upland rice cultivation) and land for cultivation of other annual crops (including flatland for cultivation of other annual crops and upland for cultivation of other annual crops);

b) Land for forestry, including land for production forests, land for protection forests, land for special-use forests; including land with natural forests, land with planted forests, and land used for protection and development of forests;

c) Land for aquaculture;

d) Land for salt production;

dd) Other agricultural land.

2. Non-agricultural land, including:

a) Residential land, including rural residential land and urban residential land;

b) Land for construction of offices;

c) Land for national defense;

d) Land for security;

dd) Land for construction of non-business facilities, including land for construction of offices of non-business organizations; land for construction of cultural facilities; land for construction of social facilities; land for construction of health facilities; land for construction of education and training institutions; land for construction of physical training and sports facilities; land for construction of science and technology facilities; land for construction of diplomatic facilities and land for construction of other non-business facilities;

e) Land for non-agricultural production and business, including land for industrial parks; land for industrial clusters; land for export processing zones; land for trading and service; land of non-agricultural production establishments; land used for mining activities; and land for production of building materials, and pottery;

g) Land used for public purposes, including land used for transport; land for irrigation; land with historical-cultural relics; land with scenic spots; land for community activities; land for public entertainment and recreation; land for energy facilities; land for post and telecommunications facilities; land for markets; land for waste dumping and treatment; land for other public facilities;

h) Land used by religious institutions;

i) Land used by belief-practicing institutions;

k) Land used for cemeteries, graveyards, funeral service centers and cremation centers;

l) Land with rivers, streams, canals, ditches, and springs;

m) Land with special-use water surface;

n) Other non-agricultural land.

3. Unused land, including unused flat land; unused hilly and mountainous land; rocky mountains without forests.

4. Coastal land with water surface, including coastal land with water surface for aquaculture; coastal land with water surface and mangrove forests; coastal land with water surface used for other purposes.

5. Explanations and guidelines for conducting statistics and inventory for each type of land shall be provided in accordance with regulations in Appendix No. 01 to this Circular.

Article 9. Indicators of land users and entities assigned land management by the State in periodic land statistics and inventory

1. The indicators of land users in land statistics and inventory include:

a) Domestic households and individuals;

b) Domestic organizations, including:

- Economic institutions (including enterprises and cooperatives);

- State authorities and units, including State authorities (including commune-level People's Committees); political organizations, socio-political organizations; national defense and security units;

- Public non-business units, including public non-business units established by competent State authorities or by political organizations or socio-political organizations, to provide public services in accordance with law regulations;

- Other organizations, including social organizations, socio-professional organizations, other organizations (other than State authorities and units, public non-business organizations, economic institutions);

c) Foreign organizations and individuals, including:

- Foreign-invested enterprises, including 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge or acquire in accordance with the law regulations on investment;

- Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative authorities with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental authorities or organizations, and representative missions of inter-governmental organizations;

- Foreigners who are allowed to own houses in Vietnam in accordance with the law regulations on housing;

d) Vietnamese nationals residing abroad, including Vietnamese nationals residing abroad who own houses associated with land use rights; enterprises of Vietnamese nationals residing abroad. In addition, statistics and inventory are also made for joint ventures between Vietnamese nationals residing abroad and domestic economic institutions and individuals or enterprises of Vietnamese nationals residing abroad that receive land use rights as capital contributions from domestic organizations and individuals using land to implement investment projects in Vietnam;

dd) Residential communities and religious institutions, including:

- Residential communities, including Vietnamese communities living in the same village, hamlet, ethnic village, residential group or similar residential area who share the same customs and practices or Vietnamese communities sharing the same family clans, who have their land use rights recognized, or acquire land use rights through inheritance or donation in order to preserve national identity, such as land for construction of communal houses, temples, shrines, hermitages, ancestral worship houses and ancestral temples;

- Religious institutions, including pagodas, churches, oratories, sanctuaries, monasteries, religious schools, head offices of religious institutions and other religious institutions whose operation is licensed by the State.

2. The indicators of entities assigned land management by the State in land statistics and inventory include:

a) Commune-level People's Committees that are assigned by the State to manage land including the following types: Land not yet assigned or leased for use; land for construction of public works directly managed by the commune-level People's Committees (rural traffic works, intra-field irrigation works; squares, statutes, monuments in communes and towns); intra-commune land with rivers and streams; unused land with special-use water surface; agricultural land recovered by the State from households and individuals in rural areas in the cases prescribed in Clause 1, Article 64, Points a, b, c and d, Clause 1, Article 65 of the Land Law;

b) Land fund development organizations that are assigned by the State to manage land recovered by the State in accordance with the law regulations on land;

c) Residential communities and other organizations that are assigned by the State to manage land, including:

- Communities assigned by the State to manage forestry land for protection and development of forests in accordance with the law regulations on forestry;

- Organizations assigned by the State to manage land with public works including roads (urban roads and inter-commune roads or higher-grade roads), bridges, culverts, sidewalks, water supply systems, drainage systems, land with special-use water surface in urban areas; irrigation systems, dykes, dams, rivers, streams of inter-commune grade or higher; squares, statutes, monuments managed by district and provincial levels; uninhabited islands; organizations allocated land by the State to implement build-transfer (BT) investment projects.

3. Explanations and guidelines for conducting statistics and inventory for each type of land users and entities assigned land management by the State shall be provided in accordance with regulations in Appendix No. 01 to this Circular.

Article 10. Indicators in periodic land statistics and inventory by aggregated areas

1. Land in rural residential areas: Inventory of land types in areas identified as being used primarily for construction of houses and public works serving people's lives and activities; land with gardens and ponds attached to houses and other types of land within the boundaries of rural residential areas within the administrative boundaries of communes, except for new urban areas prescribed in Clause 5 of this Article.

The boundary of a rural residential area shall be determined based on the land use master plan or rural residential area construction master plan approved by a competent authority. If a rural residential area does not have an approved master plan, its boundary shall be defined by the outermost land plot with houses in an existing village, hamlet, ethnic village, or any similar residential area.

In cases where the residents live along canals, ditches, roads, or they live scatteringly in unplanned or outlying areas beyond the approved rural residential master plans, only the area of land plots with houses as well as gardens and ponds attached to houses shall be counted. In cases where the boundaries of residential land as well as gardens and ponds attached to houses cannot be clearly determined, only the recognized residential land area shall be counted. In cases where a certificate of land use rights has not yet been granted for the land plot, the residential land area shall be temporarily determined based on the new residential land allocation quota set by the provincial-level People's Committee.

2. Land in hi-tech parks: Inventory of land types in hi-tech parks established under the Prime Minister's decisions, intended for the production and trading of hi-tech products, research and application of high technology, and training of hi-tech human resources.

3. Land in economic zones: Inventory of land types in economic zones and border gate economic zones established under the Prime Minister's decisions, which have been allocated by competent State authorities to the Economic Zone Management Boards for management and re-allocation or lease for the purposes of building non-tariff zones, bonded zones, export processing zones, industrial parks, entertainment areas, tourist areas, urban areas, residential areas, administrative areas and other functional areas in conformity with the characteristics of each economic zone.

4. Land in hi-tech agricultural zones: Inventory of areas and projects using land for agricultural production applying new and advanced technologies, including: industrialization (mechanization), automation of production processes; application of information technology, biotechnology in breeding, production, preservation, and processing of agricultural products to achieve high economic efficiency per unit area and sustainable development on the basis of organic farming.

5. Urban land: Statistics and inventory of land types within the administrative boundaries of wards and towns; new urban areas that have been formed in reality within the scope of development master plans of districts, towns and provincial cities that have been approved by competent authorities.

6. Land in nature reserves: Inventory of land in nature reserves (including national parks, nature reserves, habitat and species conservation areas, landscape protection areas) established under decisions of the Prime Minister and Chairpersons of the provincial-level People's Committees.

7. Land for biodiversity conservation facilities: Inventory of land for facilities involved in the care, nurturing, rescue, and breeding of wild species, crops, livestock, as well as endemic and valuable microorganisms and fungi; the storage and preservation of genetic resources and specimens for the purposes of conservation and development of biodiversity.

8. Wetlands: Inventory of marshes, peatlands, and other lands that are persistently or pervasively wet, including marine areas with a depth of no more than 6 meters at low tide, which are used for agricultural, non-agricultural, and nature conservation purposes.

Article 11. Indicators of the total land area of administrative divisions in periodic land statistics and inventory

1. The total land area of an administrative division shall be determined to include the entire area of all types of land within the boundaries of each administrative division as determined by law.

 2. For administrative divisions adjacent to the sea, the area of such administrative division includes the area of all types of land on the mainland and sea islands (if any); calculated up to the lowest edge of mean sea level for many years. In cases where the lowest edge of mean sea level for many years cannot be determined, it shall be determined by the lowest edge of mean sea level at the time of inventory. Coastal land with water surface outside the lowest edge of mean sea level for many years that is being used for various purposes shall be counted separately and not included in the total area of such administrative division.

3. For areas with disputed or inconsistent administrative boundaries, statistics and inventory shall be conducted according to the following principles:

a) In cases where there is no administrative boundary dispute but a discrepancy exists between the administrative boundary line currently managed in reality and the one depicted on the approved administrative boundary map, the total land area of the administrative division shall be counted and inventoried based on the boundary line being managed in reality;

b) In case of administrative boundary disputes, the following shall be implemented:

- The locality temporarily managing the land in the disputed area shall be responsible for organizing the implementation of land statistics and inventory for the disputed area. In cases where both parties claim to be managing the disputed area, they shall agree for one of the parties to perform or for all parties to jointly perform the statistics and inventory of the disputed area.

- The area involved in administrative boundary disputes should not be included in the total land area of the administrative divisions in dispute. Instead, it should be compiled into a separate table for each type of land, each land user, and each entity assigned by the State to manage the land, and such disputed area must be clearly indicated in the report on results of local land statistics and inventory. This disputed area shall be included in the total area of the higher-level administrative division.

Article 12. System of tables for land statistics and inventory

1. The system of tables for periodic land statistics and inventory comprises:

a) Table 01/TKDD - Periodic statistics and inventory of land area: Applicable to periodic land statistics and inventory in order to summarize all types of land belonging to groups of agricultural land, non-agricultural land, unused land, and coastal land with water surface currently used for multiple purposes;

b) Table 02/TKDD - Periodic statistics and inventory of agricultural land area: Applicable to periodic land statistics and inventory to summarize specific types of land within the agricultural land group. In cases where the land is being used for multiple purposes, the table shall only summarize based on the main land use purpose;

Table 02a/TKDD - Periodic inventory of land area for which crop restructuring has been conducted in accordance with regulations: Applicable to periodic land inventory to summarize types of land for rice cultivation on which the crop structure has been changed in accordance with Article 4 of Decree No. 35/2015/ND-CP and Clause 11, Article 2 of Decree No. 01/2017/ND-CP;

c) Table 03/TKDD - Periodic statistics and inventory of non-agricultural land area: Applicable to periodic land statistics and inventory to aggregate specific types of land within the non-agricultural land group. In cases where the land is being used for multiple purposes, the table shall only aggregate based on the main land use purpose;

d) Table 04/TKDD - Periodic statistics and inventory of land area by administrative divisions: Applicable to periodic land statistics and inventory to summarize land area data by each administrative division directly under the level that performs statistics and inventory (including district, provincial, regional and national levels);

dd) Table 05/TKDD - Periodic statistics and inventory of land that has been allocated, leased, or repurposed but not yet implemented: Applicable to periodic land statistics and inventory to summarize cases where decisions have been made and land has been allocated or leased, or land repurposing has been permitted, but as of the time of the statistics and inventory, the land has not yet been used in accordance with such decisions. Land use purposes in this table are categorized into two types: the intended use for which the land was allocated, leased, or permitted for repurposing by the State, and the actual current use of the land;

Table 05a/TKDD - Summary of cases where land has been allocated, leased, or repurposed but not yet implemented: Applicable to periodic land statistics and inventory to list cases where land has been allocated, leased, or repurposed but not yet implemented;

e) Table 06/TKDD - Periodic inventory of land area whose use purposes are different from those in land records: Applicable to periodic land inventory to summarize cases where the current land use purposes have changed compared to the existing land use right documents and land records under management, including cases where administrative procedures on land have been conducted but land records have not been updated or adjusted. Land use purposes in this table are categorized into two types: Land type according to cadastral records and land type according to the land-use status quo;

Table 06a/TKDD - List of cases where land use purposes are different from those in land records: Applicable to periodic land inventory to list cases where the current land use purposes have changed compared to the existing land use right documents and land records under management, including cases where administrative procedures on land have been conducted but land records have not been updated or adjusted;

g) Table 07/TKDD - Periodic inventory of land area used in combination with other purposes: Applicable to periodic land inventory to summarize land plots used for main purposes (including land for rice cultivation, land for cultivation of perennial crop, land for forestry, residential land, land for national defense, land for security, land for irrigation, land for energy works, land with rivers, canals, streams, and land with special-use water surface) used in combination with other purposes (for agricultural production, forestry, aquaculture or non-agricultural production and business);

h) Table 08/TKDD - Periodic inventory of land area of nature reserves and biodiversity conservation areas: Applicable to periodic land inventory to summarize by land types and land users in nature reserves and biodiversity conservation establishments;

i) Table 09/TKDD - Periodic inventory of wetland area: Applicable to periodic land inventory to summarize by land types and land users of persistent or pervasive wetlands;

k) Table 10/TKDD - Periodic inventory of land in aggregated areas: Applicable to periodic land inventory to summarize the area count of land types in aggregated areas;

l) Table 11/TKDD - Periodic statistics and inventory of urban land area: Used for district, provincial and national levels to summarize statistics and conduct periodic land inventory of urban land in accordance with Clause 5, Article 10 of this Circular;

m) Table 12/TKDD - Analysis of causes of increase and decrease in area of land types: Applicable to analyze causes of increase and decrease in land area by use purpose during the period of land statistics and inventory;

n) Table 13/TKDD - Areal allocation by land use purposes, land users, and management entities: Applicable to periodic land statistics and inventory to calculate the areal allocation by land use purposes, land users, and management entities of Table 01/TKDD;

o) Table 14/TKDD - Areal fluctuations by land use purposes: Applicable to periodic land statistics and inventory to calculate the increase and decrease in area of land types due to land repurposing based on synthesis of data from Table 12/TKDD. Statistics shall be compared with data from the previous statistical period and the most recent inventory period. Inventory data shall be compared with data from the 02 most recent inventory periods;

p) Table 15/TKDD - Comparison of the land-use status quo and the land use plan: Applicable to periodic land statistics and inventory to compare the land-use status quo with the land use plan of the year of land statistics and inventory, and compare the area of land that have been repurposed during the period according to statistics and the area of land that have been repurposed according to the approved land use plan;

q) Table 16/TKDD - Periodic statistics and inventory of land area for national defense and security: Applicable to periodic land statistics and inventory to summarize the types of land currently used within land areas for national defense land and security.

2. Details, indicator designation codes, and the format of statistical and inventory tables are prescribed in Appendix No. 02 to this Circular.

3. Tables 01/TKDD, 02/TKDD and 03/TKDD prescribed in Clause 1 of this Article, in addition to being used for statistics and inventory of the entire area within the administrative boundaries, are also used for separate statistics, inventory and reporting of the area involved in administrative boundary disputes prescribed at Point b, Clause 3, Article 11 of this Circular.

 

Section 2. CONTENTS OF PERIODIC LAND STATISTICS, LAND INVENTORY AND MAKING OF LAND-USE STATUS QUO MAPS

 

Article 13. Contents of periodic land statistics

1. Collecting records, documents, maps, and data related to land-related fluctuations in the statistical period; land inventory data or land statistics conducted in the previous year.

2. Reviewing, updating, and adjusting land-related fluctuations in the land inventory map.

3. Processing and summarizing data into compiling land statistical tables at all levels in accordance with the regulations.

4. Analyzing and assessing the land-use status quo and land-related fluctuations, and proposing solutions to enhance land management and improve land use efficiency.

5. Making land statistical reports.

6. Approving, printing and issuing land statistics.

Article 14. Contents of periodic land inventory and making of land-use status quo maps

1. Collecting records, documents, maps, and data related to land-related fluctuations in the inventory period; records of land inventory results in the previous period and results of annual land statistics in the inventory period; preparing maps for the inventory surveying.

2. Surveying, delineating or adjusting land parcels according to inventory indicators to make land inventory maps; calculating the area of land parcels and making lists of land parcels subject to land statistics and inventory in accordance with Appendix No. 03.1 to this Circular.

3. Processing and summarizing data, and compiling land inventory tables as prescribed for each administrative division at all levels; making explanatory reports of land-use status quo.

4. Making land-use status quo maps at all levels; making explanatory reports for the land-use status quo maps.

5. Analyzing and assessing the land-use status quo and land-related fluctuations in the inventory period; proposing solutions to enhance land management and improve land use efficiency.

 6. Preparing reports on land inventory results and making of land-use status quo maps.

7. Approving, printing and issuing inventory results and land-use status quo maps.

Article 15. Reporting of periodic land statistics and inventory results

1. Details of a land statistical report:

a) Implementation situation, data sources, and documents used to summarize land statistics at the commune level, and the assessment of the reliability of collected documents and data;

b) Assessment of the land-use status quo; assessment and analysis of causes of the land use fluctuations between the statistical year and the previous year's land statistics data and inventory data; assessment of the implementation of the annual land use plans; assessment of land allocation, land lease, and permission for land purposing not yet implemented; administrative boundary disputes and resolution thereof during the statistical period (if any);

c) Proposals and recommended measures to strengthen land use management.

2. Details of a land inventory report:

a) Implementation situation; methods for surveying and collection of land inventory data, origin of data collected at the commune level and assessment of reliability of collected and summarized data; other information related to data; source of documents and methods of making land-use status quo maps;

b) Analysis and assessment of the land-use status quo based on inventory indicators; assessment and analysis of causes of the land use fluctuations between the inventory year and data from the 02 most recent inventory periods; assessment of the implementation of land repurposing plans and master plans during the inventory period; land allocation, land lease, and permission for land purposing not yet implemented; discrepancies between cadastral records and actual land repurposing, and their causes; crop restructuring on land for rice cultivation; wetlands; administrative boundary disputes and resolution thereof during the inventory period (if any);

c) Proposals and recommended measures to strengthen land use management.

 

Section 3. METHODS AND PROCESS OF PERIODIC LAND STATISTICS, LAND INVENTORY AND MAKING OF LAND-USE STATUS QUO MAPS

 

Article 16. Methodology for periodic land statistics

1. Commune-level land statistics are conducted by reviewing and comparing the summary table of land use fluctuations for which the land-related administrative procedures have been completed in the statistical year (summarized and provided by the Land Registries using the form prescribed in Appendix No. 03.2 to this Circular) with the actual land use in order to update and adjust the land inventory maps and summarize land statistics.

2. The synthesis of land statistics at all levels, socio-economic regions and the whole country shall be done on electronic computers using statistical and inventory software of the Ministry of Natural Resources and Environment.

3. In communes where circumstances do not permit the updating or adjustment of digital land inventory maps, the commune-level People's Committees shall review and compare the summary tables of cases of fluctuations for which the land-related administrative procedures have been completed in the statistical year (summarized and provided by the Land Registries) with the actual land use; confirm information on the land-use status quo of each land plot into the summary tables of cases of fluctuations and send them to the district-level Divisions of Natural Resources and Environment for it to update and adjust the digital land inventory maps and summarize land statistics using land inventory software.

4. Updating and adjusting land parcels (boundaries, land types, land users, land management entities) on land inventory maps shall be conducted by transferring, updating and adjusting from records of land-related administrative procedures that have been completed; provided that the requirements prescribed in Clauses 2, 5 and 6, Article 17 of this Circular are met.

Article 17. Methodology of periodic land inventory

1. Communal-level land inventory shall be conducted by surveying, delineating and adjusting land parcels by each land type, land user, and land management entity prescribed in Articles 8, 9 and 10 of this Circular onto maps used for inventory survey prescribed in Clause 3 of this Article. The results of the delineation and adjustment shall be used to make commune-level land inventory maps to summarize land inventory data and make land-use status quo maps.

2. The commune-level land inventory map is prescribed as follows:

a) Geometric references of land inventory maps: Such a map shall be made using the national coordinate system VN-2000, employing conformal cylindrical projection with zones each 30 wide and a central meridian scale factor ko = 0.9999. The central meridian for each province and centrally-run city is prescribed in Appendix No. 04 to this Circular;

b) The land inventory map includes the following feature layers:

- Boundaries and symbols of land parcels according to inventory indicators;

- National borders and administrative boundaries at all levels;

- Water and relevant features, including: seas, lakes, ponds, lagoons, estuaries, rivers, streams, canals, ditches, springs, and other hydrological features;

- Transportation and relevant features, including: railway facilities, roads of all grades (including intra-field roads, roads in residential areas, trails in mountainous and hilly communes) and traffic facilities on such road system;

- Socio-economic attributes, which indicate the names of places, headquarters of government authorities at all levels; names of infrastructure facilities and other features;

- Topographic attributes (elevation points, elevation guides) and other details of the map used for inventory survey (if any, except for the land plot boundary);

- Notes and explanations;

- Map frame and rectangular coordinate plane;

c) Land parcels depicted on the land inventory map must meet the following requirements:

- Land parcel boundaries must be closed and transferred from the map used for the inventory survey with the highest possible accuracy, without being aggregated or generalized;

- Parcel labels must be depicted, including the parcel ordinal; parcel area; land type code; and land user or land management entity code, formatted as follows:

Land type code

Parcel ordinal

User/management entity code

 Parcel area

 

- In cases where a land parcel has multiple use purposes across its entire area, the primary land type code is listed first, followed by secondary land type codes in parentheses: Primary land type code (Secondary land type code 1; secondary land type code 2; etc.). In cases where a secondary land type occupies only part of the land parcel, the area of the secondary land type is additionally depicted after such land type code as follows: Primary land type code (Secondary land type code 1: area of secondary land type 1; Secondary land type code 2: area of secondary land type 2; etc.);

- In cases where a land parcel has multiple use purposes with distinct areas identified for each purpose (such as a residential area with both residential and agricultural land), the code of each land type shall be depicted, together with its area in parentheses: Land type code 1 (area of land type 1); Land type code 2 (area of land type 2); etc.;

- In cases where a land parcel has multiple land users or management entities across its entire area, the code for the most prevalent user/management entity shall be depicted;

In cases where a land parcel has multiple land users or management entities with distinct areas identified for each purpose (such as an agricultural parcel with both household land and public land of the commune), the code for each user/management entity and the respective area shall be depicted as follows: User/Entity 1 (area for User/Entity 1); User/Entity 2 (area of User/Entity 2); etc.;

- For land parcels that were previously used for rice cultivation but have since been repurposed for a different land type due to crop restructuring, the code for the new land type as prescribed in Table 02a/TKDD must be additionally depicted in the appropriate position within the tract. In case of crop restructuring on a part of the land parcel, such area must be additionally depicted as follows: Code for the new land type: area subject to crop restructuring. In cases where land previously used for rice cultivation is now repurposed for multiple land types due to crop restructuring, the areas affected by such restructuring must be additionally depicted as follows: Code for the new land type 1: area subject to crop restructuring 1; Code for the new land type 2: area subject to crop restructuring 2; etc.;

- If a land parcel fall within aggregated areas for which land statistics are required in accordance with the regulations in Tables 08/TKDD, 09/TKDD, and 10/TKDD, the respective codes of such aggregated areas must be depicted within the land parcel in appropriate positions. In cases where only part of the land parcel is located within the above aggregated area, the code should be expressed as follows: aggregated area code: area of land within the aggregated area. In cases where the land parcel is located on multiple aggregated areas, the code of each aggregated area shall be depicted separately;

- The land parcel mark, which is created as a cell or text. Codes for land types, land users, and land management entities are prescribed in Appendix No. 04 to this Circular;

- Parcel ordinals shall be represented using Arabic numerals, starting from 01 and continuing sequentially throughout the entire commune. Numbering should proceed from left to right, top to bottom, in a zigzag pattern. Land-occupying features that do not constitute closed parcels shall be closed into polygons within administrative boundaries and numbered sequentially like land parcels;

d) Water, transportation, and other relevant features shall have their land-occupying boundaries and labels depicted in accordance with Point c of this Clause.

3. Types of map and data used for commune-level land inventory survey are prescribed as follows:

a) The land inventory maps made in the previous period, updated and adjusted in the annual land statistics periods shall be used. The 2019 land inventory shall use the land inventory survey maps made in the 2014 land inventory, of which annual fluctuations (if any) have been updated and adjusted;

b) For areas where land databases have been developed after the previous land inventory mapping period, such databases shall be used for the current inventory survey;

c) For areas where cadastral maps have been made after the previous land inventory mapping period but no land database exists, the new cadastral maps shall be used for the current inventory survey;

d) For areas where the previous land inventory maps have not yet been made on the basis of cadastral maps and where the data sources mentioned at Points b and c of this Clause are not available, the following data sources should be used (if available): georeferenced orthophotos, which shall be newly made within less than 02 years, of the land inventory map to be made; raster data; national geographic raster database; topographic maps newly made after the latest inventory period with a scale equal to or larger than the scale of the land inventory map made in the previous period, and used to adjust the inventory map made in the previous period.

4. Processing and synthesizing map sources and data for land inventory mapping survey and delineation:

a) For areas using the map sources and data prescribed at Point d, Clause 3 of this Article, any changes from such map sources and data shall be reviewed, revised, and added into the land inventory map made in the previous period for the purpose of inventory survey.

In case of using orthophotos, indoor drawing adjustment shall be made to land parcel boundaries and related land-occupying features that are clearly visible as required by the land inventory map, which shall be then updated and adjusted onto the land inventory map made in the previous period. In cases where there are discrepancies between the orthophotos and the land inventory map, the map shall be adjusted according to the satellite imagery or aerial photography, with the raster basemaps intact for the purposes of survey and delineation;

b) Delineations shall be reviewed and indoor adjustment shall be made to the maps and data prescribed in Clause 3 of this Article in cases where there are fluctuations from land allocation, land leasing, land recovery, land repurposing, and land change registration (according to the summary tables of land-related fluctuations provided by the Land Registries), as well as forest inventory records from the agricultural authorities and databases on land for rice cultivation during the inventory period;

c) For areas using the map sources and data prescribed at Points b and c of Clause 3 of this Article, land plots shall be compiled and synthesized into land parcels in accordance with Clause 1 of this Article for the inventory survey. In cases where the locality has cadastral maps at different scales, they shall be compiled into a uniform scale that is compatible with the scale of the land inventory map to be made;

d) Border lines and administrative boundaries on the map used for the inventory survey shall be reviewed and then adjusted to be consistent with the latest border and administrative boundary maps approved and published by the competent authorities.

In cases where there is a discrepancy between the administrative boundaries currently managed in reality and the administrative boundary records, the administrative boundaries currently managed in reality must be shown on the map used for the inventory survey. In cases of ongoing administrative boundary disputes, the disputed administrative boundary according to the opinions of the relevant parties must be shown on the map used for the inventory survey.

The representation of administrative boundaries at all levels on the digital land inventory map must meet the requirements for automated calculation and statistical reporting of land areas by land types, allowing for verification of the consistency of land area statistics from the commune level to the provincial, regional, and national levels. When administrative boundaries of different levels are coincident, the boundary of the highest level takes precedence.

5. Field surveying, delineation, and adjustment of boundaries of land parcels and other relevant land-occupying features shall be conducted as follows:

a) Boundaries, land types, land users, and management entities of land parcels and other relevant land-occupying features shall be cross-checked by using a correlation comparison method between the map and the field to identify cases that require additional delineation or map adjustments to reflect the status quo.

In cases where boundary delineation, adjustment, or subdivision of land parcels is necessary, the intersection of lines or rectangular coordinates method from clearly visible detail points in the field, which are marked on the map, should be used. The length of the intersecting line or perpendicular line can be measured using a tape measure or other measuring instruments of equivalent or higher accuracy;

b) The boundaries of land occupied by water and transportation features shall be delineated and adjusted to meet the following requirements:

- The boundaries of irrigation and transportation works shall be represented by the toe of the slope (for embankments) or by the crown of the slope (for excavations);

- The boundaries of naturally formed hydrological features (lakes, rivers, canals, streams) shall be represented by the edge of the slip face of each hydrological feature. In cases where the hydrological feature has a shoreline, the boundary of the hydrological feature shall be represented by the outer foot of the shoreline;

c) The coastline shall be represented by the lowest edge of mean sea level for many years. In cases where the lowest edge of mean sea level for many years has not been determined at the time of statistics and inventory, it shall be determined by the lowest edge of mean sea level at the time of inventory.

6. A commune-level land inventory map shall be made as follows:

a) The commune-level land inventory map shall be made in digital format based on the results of the field survey and delineation as prescribed in Clause 5 of this Article;

b) In cases where the map used for the inventory survey does not have a digital original, the map features that have been used shall be scanned and digitized, then integrated and edge-matched to make a digital inventory map;

c) In cases where the boundaries of the land parcel is determined by the intersection of lines or rectangular coordinates method in the field, they shall be transferred to the digital map using one of the following methods: scanning, digitizing the field-delineated features, or calculating the coordinates of the land parcel vertices and inputting them into the map by entering the coordinates of the points or performing construction using the intersection of lines or rectangular coordinates method;

d) The data on the land inventory map shall be organized into layers, where the boundaries of land parcels within the same indicator system shall be in the same map data layer.  The classification of data layers of the land inventory map shall be conducted in accordance with the regulations on the classification of land-use status quo maps as prescribed in Appendix No. 04 to this Circular;

dd) The accuracy of digitization, transferring, and delineation of features on the land inventory is prescribed as follows:

- The digitized map must ensure that the dimensional error of the inner frame edges of the map, after transformation, does not exceed 0.2 mm compared to the theoretical dimension, and the diagonal error does not exceed 0.3 mm, according to the map scale;

- The relative error in transferring parcels shall not exceed ±0.5 mm, according to the scale of the land-use status quo map;

- The error in transferring the location of land-use status quo elements shall not exceed ± 0.3 mm, according to the scale of the land-use status quo map;

e) A digital land inventory map shall be made as follows:

- The land inventory map file is in MicroStation's *.dgn format, accompanied by source symbol and map history files. The files must be in an open format, allowing for editing and updating of information when necessary, and format conversion. Vietnamese fonts and numbers, Unicode character set shall be used. A library of independent symbols is pre-created in the "HT" library for scale ranges with corresponding names: ht1-5.cell, ht10-25.cell, ht50-100.cell, ht250-1tr.cell, etc. A library of linear symbols for scale ranges shall have corresponding names: ht1-5.rsc, ht10-25.rsc, ht50-100.rsc, ht250-1tr.rsc, etc. The color table shall be named ht.tbl;

- Seed file settings include: Working Units; Master Units set to meters (m); Sub Units set to millimeters (mm); Resolution set to 1000; Storage Center Point/Global Origin coordinates set to X: 500000 m, Y: 1000000 m;

- Line features (one of the following types: Line String, Chain, Complex Chain, or Polyline, etc., depending on the editing software) must be continuous, unbroken, and only terminated at nodes where they intersect with other features of the same type;

- Polygon features (one of the following types: pattern, shape, complex shape, or fill color, etc., depending on the editing software) must be closed;

- Point features (cells, depending on the editing software) must be symbolized using predefined point symbols stored in *.cell files;

- Features on the digital inventory map must be depicted with the appropriate class and attributes as prescribed in the feature layer classification. For features involved in proportional area calculation (such as roads, boundaries, etc.), the original portion involved in the calculation shall be backed-up and moved to a separate layer for inclusion in the area calculation.

7. Calculation of the area for land parcels and non-parcel land-occupying features:

On the land inventory map, all features requiring area calculations (parcels and non-parcel land-occupying features) must be closed polygons with defined spatial relationships (topology).

For polygon features of the same type (all transportation or hydrological features) that intersect at the same level, the area shall be calculated based on the outermost land-occupying boundary. For polygon features of different types (either transportation or hydrological features) or features of the same type that intersect at different levels, the area of the intersection of their vertical projections onto the ground shall be assigned to the feature directly on the ground.

The area of land parcels shall be calculated using the analytical method on digital maps and summarized to be verified and compared with the total area of commune-level administrative divisions calculated based on administrative boundaries. In cases where there is a discrepancy between the land parcel data and the administrative boundary data, it shall be checked to address any duplication or omission issues.

The results of calculating the area of land parcels shall be summarized into the list of land parcels, showing the following information: land parcel code, land parcel area, land parcel attributes corresponding to the land inventory indicators in accordance with the regulations.

8. The methodology for summarizing inventory data is prescribed as follows:

a) Commune-level inventory data shall be summarized from the List of land parcels subject to land statistics and land inventory using a uniform software provided by the Ministry of Natural Resources and Environment.

For inventory indicators of which the data is collected through direct survey forms or other intensive inventory indicators subject to periodic inventory of which the data cannot be summarized by software, traditional calculation tools shall be used to summarize them, as specified for each inventory period;

b) District-level, provincial-level, national inventory data, and inventory data of socio-economic regions shall be summarized from inventory data of affiliated administrative divisions using a uniform software provided by the Ministry of Natural Resources and Environment.

Article 18. Making of land-use status quo maps

1. Land-use status quo maps shall made each for administrative divisions at all levels, socio-economic regions and the whole country to indicate the distribution of land types at the time of land inventory.

2. The commune-level land-use status quo maps shall be made by aggregating and generalizing the land inventory maps.

The district- and provincial-level land-use status quo maps shall be made by edge-matching, aggregating and generalizing the land-use status quo maps of subordinate administrative divisions.

The land-use status quo maps of socio-economic regions shall be made by aggregating and generalizing land-use status quo maps of provincial-level administrative divisions.

The national land-use status quo map shall be made by aggregating and generalizing the land-use status quo maps of socio-economic regions.

3. Geometric references of land-use status quo maps are prescribed as follows:

a) Commune-, district- and provincial-level land-use status quo maps shall be georeferenced in accordance with Point a, Clause 2, Article 17 of this Circular;

b) Land-use status quo maps of socio-economic regions shall employ conformal cylindrical projection with zones each 60 wide and a central meridian scale factor ko = 0.9996;

c) The national land-use status quo map shall employ a conformal conic projection with standard parallels at 110 and 210 and the central meridian of 1080 for the entire territory of Vietnam.

4. The scale of land-use status quo maps at various levels is prescribed as follows:

Administrative division

Geographical area (ha)

Map scale

Communal level

Under 120

1: 1000

From 120 to 500

1: 2000

From over 500 to 3,000

1: 5000

Over 3,000

1: 10000

District level

Under 3,000

1: 5000

From 3,000 to 12,000

1: 10000

Over 12,000

1: 25000

Provincial level

Under 100,000

1: 25000

From 100,000 to 350,000

1: 50000

Over 350,000

1: 100000

Regional level

 

1: 250000

Nationwide

 

1: 1000000

In cases where an administrative unit creates a land-use status quo map with a distinctive shape (where the length is significantly greater than the width), it is permitted to choose a map scale that is one level larger or smaller than the standard scale prescribed above.

5. Details of a land-use status quo map is prescribed as follows:

a) Group layer of geometric layout and relevant elements, consisting of the kilometer grid, graticule (latitude and longitude grid), map sheet designation, map scale, map frame, legend, land structure diagram, marginal information, and other relevant elements;

b) Land use group layer, consisting of boundaries of aggregated land parcels and land type symbols;

c) Group layers of geographic features, including:

- The border and boundary group layer, consisting of national borders and administrative boundaries at all levels. The national land-use status quo map must depict administrative boundaries up to provincial level. The land-use status quo map of a socio-economic region must depict administrative boundaries up to district level. The provincial-, district-, or commune-level land-use status quo map must depict administrative boundaries up to commune level;

When administrative boundaries of different levels are coincident, the boundary of the highest level takes precedence.

- The terrain group layer, consisting of features that represent the basic characteristics of the terrain in the area being mapped, such as contour lines (only major contour lines are shown in areas with steep slopes and high mountains), elevation points, depth points, annotations for elevation and depth, terrain feature lines, and special terrain types;

- The group layer of water and relevant features, consisting of seas, lakes, ponds, lagoons, estuaries, rivers, streams, canals, ditches, springs, and other hydrological features. The representation levels of features of this group layer on the land-use status quo map at all levels shall be generalized according to the scale of the land-use status quo maps at the respective levels;

- The group layer of transportation and relevant features: A commune-level land-use status quo map shall depict roads of all grades, including inter-field roads, arterial roads in residential areas, and trails in mountainous and hilly communes. A district-level land-use status quo map shall depict inter-commune roads or higher-grade roads. For mountainous areas, it must depict dirt roads to villages. A provincial-level land-use status quo map shall depict inter-district roads or higher-grade roads. For mountainous areas, it must also depict inter-commune roads. A regional or national land-use status quo map shall depict provincial roads or higher-grade roads. For mountainous areas, it must also depict inter-district roads;

- The group layer of socio-economic features, which indicate the names of places, headquarters of government authorities at all levels; names of infrastructure facilities and other important works. The representation levels of features of this group layer on the land-use status quo map at all levels shall be generalized according to the scale of the land-use status quo maps at the respective levels;

d) Notes and annotations;

dd) The group layer of boundaries and ordinals of land parcels of the land inventory map when printing the commune-level land-use status quo map:

- This group layer will be printed below the aggregated land parcel boundary layer of the land-use status quo map;

- The land parcel ordinals in the land inventory map shall be only depicted for land parcels on the land inventory map whose boundaries are not coincident with the aggregated land parcel boundaries of the land-use status quo map.

6. The representation of features on the land-use status quo maps at all levels shall comply with the regulations in Appendix No. 04 to this Circular.

7. Compiling, aggregating, and summarizing the attributes of the land-use status quo map at each level must meet the following requirements:

a) Aggregated land parcels on the land-use status quo map shall be compiled and aggregated as follows:

- Aggregated land parcels on the commune-level land-use status quo maps shall be depicted with boundaries and land type symbols (including land type codes and colors) according to the respective land inventory indicators. Aggregated land parcels on the district- and provincial-level land-use status quo maps and those of socio-economic regions and the whole country shall be depicted with boundaries and land type symbols according to the respective aggregated indicators prescribed in Appendix No. 04 to this Circular;

- Land type symbols, including land type code and color. In cases where an aggregated land parcel has a primary and secondary purpose, the color of the land parcel shall be the same as the color of the primary land type. The primary land type code shall be depicted first, followed by the secondary land type code in parentheses: Primary land type code (Secondary land type code);

- In cases where an aggregated land parcel has multiple purposes with distinct areas identified for each purpose, the color of the land parcel shall be the same as the color of the land type with the largest area (such as urban land, rural residential areas); the code of each land type shall be depicted, arranged in descending order in terms of area: Land type code 1; Land type code 2, etc.

If a land parcel fall within the aggregated areas prescribed in Article 10 of this Circular, the respective codes of such aggregated areas shall be depicted in accordance with Tables 08/TKDD, 09/TKDD and 10/TKDD provided in Appendix No. 02 to this Circular.

- Land parcels on land-use status quo maps at all levels must have closed boundaries, with no overlapping or open areas between land parcels. Land parcel boundaries must be generalized and smoothed, ensuring the area of the land parcel corresponds to the following map scale:

Map scale

Area of land parcel on map

From 1:1000 to 1:10000

≥ 16 mm2

From 1:25000 to 1:100000

≥ 9 mm2

From 1:250000 to 1:1000000

≥ 4 mm2

Parcels smaller than the area prescribed above may be merged into adjacent larger land parcels. Particularly, islands smaller than the area prescribed above must still be depicted on the land-use status quo map with a label indicating the island's name (if any) without being generalized;

b) For borders and administrative boundaries, the map must be compiled to ensure that these features are distinguishable when printed on paper. In cases where the administrative boundary coincides with a single-line feature, the boundary should be depicted with an offset on both sides, 0.2 mm away from the line feature on the map;

c) Line features (rivers, streams, canals, etc.) with a length of less than 2 cm on the map may be omitted. Line features with a width of less than 0.5 mm on the map shall be compiled to a single line following the center of the respective line feature.

In cases where the railway and the road are situated close to each other, it is permissible to shift the position of the road to ensure that the railway position is accurately maintained.

When aggregating line features, it is necessary to maintain the characteristic attributes of the features to accurately reflect their density, distribution pattern, and usage characteristics. For rivers and streams, it is important to depict the location of the headwaters and special flow types, such as hot springs and mineral springs;

d) For coastlines, when generalizing, the characteristic shape of each type of coast must be preserved. In areas with multiple estuaries or where the coastline has a rounded curvature, it is permissible to merge 2 or 3 small bends but the estuaries, seaward flows, and alluvial plains must be retained;

dd) Other geographical features, place names, proper names, and annotations should be selected, updated, or removed to ensure appropriate information density, readability, and aesthetic quality of the map;

e) The frame of a land-use status quo map is presented as follows:

- For maps with scales of 1:1000, 1:2000, 1:5000, and 1:10000, only the kilometer grid is displayed, with the grid squares measuring 10 cm x 10 cm;

- For a 1:25000 scale map, the kilometer grid squares measure 8 cm x 8 cm;

- For maps with scales of 1:50000, 1:100000, 1:250000, and 1:1000000, only the graticule is displayed, with the squares measuring a latitude by a longitude as follows:

Scale of land-use status quo map

Grid size of longitude and latitude

1:50000

5’x5’

1:100000

10’x10’

1:250000

20’ x 20'

1:1000000

 10 x 10

Land-use status quo maps shall be delivered in digital and paper format, enclosed with explanatory reports.

8. In addition to complying with Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, the editing of digital land-use status quo maps must also comply with the following requirements:

a) Digital land-use status quo maps shall be compiled in accordance with Point e, Clause 6, Article 17 of this Circular;

b) Features on the status quo map must be depicted with the appropriate class, color, line thickness, and attributes as prescribed in the feature layer classification in Appendix No. 04 to this Circular. Each land parcel must have a land type code. When doing the compilation for printing, it must not be deleted but must be transferred to a separate layer for storage. The product must have its history notes enclosed therewith.

9. An explanatory report for a land-use status quo map shall include the following information:

a) Legal basis; purposes and requirements of making the land-use status quo map;

b) Overview of the natural, socio-economic conditions of the administrative division;

c) Development timeline and completion date of the land-use status quo map;

d) Data sources, methods and technologies used to make the land-use status quo map;

dd) Assessment of the quality of the land-use status quo map in terms of completeness, detail and accuracy of its elements;

e) Unsettled problems and shortcomings of the land-use status quo map;

g) Conclusions and recommended measures to address problems and shortcomings.

Article 19. Process for conducting periodic land statistics

1. Preparations at all levels are prescribed as follows:

a) The General Department of Land Administration shall:

- Issue written directions on the implementation of periodic land statistics in case of necessity, 02 months before the time of statistics;

- Collect documents on land statistics results in the previous year, and land inventory results and land-use status quo maps in the most recent year of the whole country; land use plans of the statistical year;

b) Provincial- and district-level People's Committee shall give directions and:

- Issue written directions and urge the implementation of periodic land statistics in case of necessity, 01 months before the time of statistics;

- Collect land statistics results in the previous year, and land inventory results in the most recent inventory period; dossiers and land use plans of the statistical year;

- Review and summarize land plots with fluctuations in terms of land types, land users, and land management entities, for which land-related administrative procedures have been completed in the statistical year from cadastral records and relevant records of land-related procedures, and send them to the commune-level People's Committees before November 15 for the recipients to make annual land statistics (unless otherwise commune-level units have built inter-connected land database for all levels). In cases where, new fluctuations arise after the date the summary tables of fluctuations are sent, supplements shall be sent no later than December 31 of the statistical year;

c) Commune-level People's Committees shall:

- Collect, evaluate, and select relevant documents and data for land statistics, including land statistics results in the previous year, land inventory results and land-use status quo maps in the most recent year; land use master plan records in the statistical year; cadastral records; notices of cadastral record modifications, and summary tables of fluctuations provided by the Land Registries in cases of land allocation, land lease, land recovery, and land use fluctuations during the statistical period;

- Prepare statistical forms.

2. Conducting land statistics at all levels as follows:

a) Commune-level People's Committees shall:

- Review actual cases where competent State authorities have recovered land, allocated land, leased land, changed land use purposes, and registered land-related fluctuations in order to determine and adjust land parcels on maps for fluctuations related to land types, land users, or land management entities during the statistical year; to confirm cases where administrative procedures for these changes have been completed but have not yet been implemented into the summary tables of fluctuations provided by the Land Registries;

- Summarize commune-level current land use statistics, including Tables: 01/TKDD, 02/TKDD, 03/TKDD, 05/TKDD and 05a/TKDD;

- Analyze and evaluate the land-use status quo and land-related fluctuations in the locality, and prepare Tables: 12/TKDD, 13/TKDD and 14/TKDD;

- Make land statistical reports;

- Check, complete, approve, print and submit reports on commune-level land statistics results to the district level;

b) The district- and provincial-level People's Committees shall give directions and:

- Receive and check land statistics submitted by direct subordinates. Direct subordinates to correct and finalize data, and report land statistics results (if any);

- Summarize district- and provincial-level current land use statistics, including Tables: 01/TKDD, 02/TKDD, 03/TKDD, 04/TKDD, 05/TKDD and 11/TKDD;

- Analyze statistics, evaluate the land-use status quo and land-related fluctuations in the respective localities, and prepare Tables: 12/TKDD, 13/TKDD, 14/TKDD and 15/TKDD;

- Make district- and provincial-level land statistical reports;

- Check, complete, approve, print and submit local land statistics reports to the direct superior authority in accordance with of this Circular;

c) The General Department of Land Administration shall give directions and:

- Receive, check, process data, and report provincial-level land statistics results; direct the provincial level to correct and finalize data and reports (if any);

- Summarize current land use statistics of regions and the whole country, including Tables: 01/TKDD, 02/TKDD, 03/TKDD, 04/TKDD, 05/TKDD and 11/TKDD;

- Analyze inventory data, evaluate the land-use status quo and land-related fluctuations in regions and the whole country, and prepare Tables: 12/TKDD, 13/TKDD, 14/TKDD and 15/TKDD;

- Make the national land statistical report;

- Check, complete, approve, print and send reports to the Prime Minister on land statistics results of regions and the whole country;

- Submit to the Minister for decision to publicly disclose the results of national land statistics.

Article 20. Process for periodic land inventory and making of land-use status quo maps

1. Preparations at all levels are prescribed as follows:

a) The General Department of Land Administration shall:

- Complete the project for land inventory and making of land-use status quo maps 04 months before the land inventory, which shall be then submitted by the Minister to the Prime Minister for approval; formulate and submit implementation plans and guiding documents to the Minister for approval;

- Complete professional training for local authorities 02 months before the land inventory;

- Collect land use plans and master plans; results of land statistics for the last 05 years, results of land inventory and land-use status quo maps in the previous two periods;

b) 02 months before the land inventory date, the provincial-level People's Committees shall give directions and:

- Formulate solutions for land inventory and making of land-use status quo maps of administrative levels in their localities;

- Establish Steering Committees for land inventory; formulate plans and documents directing and guiding the implementation thereof (if any); prepare human resources, assign responsibilities and coordination among the parties involved in the land inventory;

- Prepare technical equipment and finance in accordance with the regulations and organize training for commune and district levels;

- Collect, evaluate, and select relevant land-related documents for the purpose of the inventory survey, including land use plans and master plans; results of land statistics for the last 05 years, results of land inventory and land-use status quo maps in the previous two periods;

- Prepare maps and digital data in the cases prescribed at Points b, c and d, Clause 3, Article 17 of this Circular for the purposes of inventory survey and making of commune-level land-use status quo maps under the approved plans.

In case of using maps and data prescribed at Point d, Clause 3, Article 17, the content thereof shall be processed and summarized in accordance with Point a, Clause 4, Article 17 of this Circular;

- Review and summarize land plots with fluctuations in terms of land types, land users, and land management entities in the land inventory period from cadastral records and relevant records of land-related procedures (using the form provided in Appendix No. 03.2 to this Circular), and send them to the commune-level People's Committees before August 01 of the land inventory year for the recipients to conduct land inventory. In cases where, new fluctuations arise after the date the summary tables of fluctuations are sent, they shall be summarized and additionally sent no later than December 31 of the statistical year;

- Review the provincial-level administrative boundaries to identify cases where boundaries are disputed or inconsistent between boundary records and the actual situation and coordinate with the People's Committees of the relevant administrative divisions to unify the inventory scope and responsibilities of each party in accordance with Clause 3, Article 11 of this Circular, and direct the district- and commune-level People's Committees to implement the necessary measures;

- Thoroughly assign tasks to all sectors and levels, and disseminate the inventory policies and plans to the public;

c) 01 month before the land inventory date, the district-level People's Committees shall give directions and:

- Formulate solutions and plans to conduct land inventory and make land-use status quo maps in the district-level localities;

- Prepare human resources, technical equipment, and finance in accordance with the regulations for the purposes of land inventory and making of land-use status quo maps; assign responsibilities and coordination among the involved parties;

- Collect, evaluate, and select relevant land-related documents for the purpose of the land inventory, including land use plans and master plans; results of land statistics for the last 05 years, results of land inventory and land-use status quo maps in the previous two periods;

- Coordinate with the Land Registry branches to review and summarize cases of land-related fluctuations for which administrative procedures have been completed during the land inventory period under the competence of the district-level People's Committees (using the form provided in Appendix No. 03.2 to this Circular) and send them to the commune-level People's Committees before August 1 of the land inventory year to conduct land inventory; while continuing to summarize cases of land-related fluctuations for which administrative procedures have been completed until December 31 of the inventory year and then send them to the commune-level People's Committees to conduct land inventory;

- Thoroughly assign tasks to all sectors and levels, and disseminate the land inventory policies and plans to the public;

- Review the district-level administrative boundaries to identify cases where boundaries are disputed or inconsistent between boundary records and the actual situation and coordinate with the People's Committees of the relevant administrative divisions to unify the land inventory scope and responsibilities of each party in accordance with Clause 3, Article 11 of this Circular, and direct the commune-level People's Committees to implement the necessary measures;

d) Before the land inventory date, the commune-level People's Committees shall:

- Formulate solutions and plans to conduct land inventory in the communes;

- Prepare human resources and technical equipment for land inventory; assign responsibilities to the involved parties;

- Thoroughly assign tasks to all cadres, and disseminate the inventory policies and plans to the public;

- Collect existing land-related documents and data for inventory purposes, including various maps and data used for survey and delineation according to the land-use status quo map; cadastral records; fluctuation adjustment notices, enclosed with extracts from maps and diagrams; dossiers of inspections, audits, and handling of violations related to land use; results of land statistics from the past 05 years, results of land inventory and land-use status maps in the two preceding periods; summary tables of land-related fluctuations during the inventory period provided by the Land Registries, and any other relevant land-related dossiers and documents;

- Review, compare, evaluate the usability, select documents, data, and maps collected for use in the inventory;

- Review the administrative boundaries on the map used for the inventory survey in order to adjust and unify them with the latest border and administrative boundary maps approved by the competent authorities. In cases where the district-level administrative boundaries are disputed or inconsistent between boundary records and the actual situation, the People's Committees of the commune-level administrative divisions shall coordinate with each other to unify the land inventory scope and responsibilities of each party in accordance with Clause 3, Article 11 of this Circular;

- Print documents for land inventory purposes (other than surveying maps);

- Review and collect information to identify areas with actual fluctuations during the inventory period for which map adjustment, additional surveying, and field delineation are necessary.

2. The organization of land statistics, land inventory and making of land-use status quo maps at all levels is prescribed as follows:

a) Commune-level People's Committees shall:

- Review indoor delineations and corrections into maps and data used for inventory surveying in cases of fluctuations for which the land-related administrative procedures have been completed in the statistical year, compile land plots into land parcels in accordance with Points b and c, Clause 4, Article 17 of this Circular; print maps for the purpose of outdoor delineation and surveying;

- Conduct field survey and delineation to supplement and adjust the land parcels in terms of boundaries; land types (by the primary and secondary purposes, if any); land users and management entities; and identify cases where land allocation, land lease, or land repurposing permission have not been implemented under existing decisions and cases of using land for inappropriate purposes; areas subject to statistics according to aggregated indicators;

- Transfer, edge-match, and close land parcels into polygons and update information on land types and land users on digital land inventory maps according to detailed inventory indicators, general indicators and theme-based inventory indicators (if any); compile maps and calculate land parcel areas;

- Make lists of land parcels subject to land inventory from the results of field surveying;

- Summarize commune-level data on land-use status quo, including Tables: 01/TKDD, 02/TKDD, 02a/TKDD, 03/TKDD, 05/TKDD, 05a/TKDD, 06/TKDD, 06a/TKDD, 07/TKDD, 08/TKDD, 09/TKDD and 10/TKDD;

- Analyze and evaluate the land-use status quo, land-related fluctuations and land management situation of their respective localities, and prepare the following Tables: 12/TKDD, 13/TKDD, and 14/TKDD;

- Prepare commune-level land-use status quo maps and explanatory reports enclosed therewith;

- Make land inventory reports;

- Check and approve results of land inventory and making of land-use status quo maps at the commune level;

- Complete, review, print and submit land inventory reports and make land-use status quo maps to district level;

b) The district- and provincial-level People's Committees shall give directions, conduct land inventory, make land-use status quo maps at each level as follows:

- Check, supervise, push, guide and direct the implementation at all levels;

- Coordinate with the Ministry of National Defense and the Ministry of Public Security in conducting inventory of land for national defense and security, and uniformly receive and check the results of the inventory of land for national defense and security, then sending them to the commune-level People's Committees for summarization;

- Receive and check results of land inventory and making of land-use status quo maps submitted by lower levels. Direct the compilation and finalization of data and reports on results of land inventory and making of land-use status quo maps (if any);

- Summarize district- and provincial-level data on land-use status quo, including Tables: 01/TKDD, 02/TKDD, 02a/TKDD, 03/TKDD, 04/TKDD, 05/TKDD, 06/TKDD, 07/TKDD, 08/TKDD, 09/TKDD, 10/TKDD and 11/TKDD;

- Analyze and evaluate the land-use status quo, land-related fluctuations and land management situation of their respective localities, and prepare the following Tables: 12/TKDD, 13/TKDD, 14/TKDD and 15/TKDD;

- Prepare district- and provincial-level land-use status quo maps and explanatory reports enclosed therewith;

- Prepare district- and provincial-level reports on land inventory results and making of land-use status quo maps;

- Check and approve results of land inventory and making of land-use status quo maps at the district and provincial levels;

- Complete, review, print and submit land inventory results reports to the immediate superiors in accordance with of this Circular;

c) The General Department of Land Administration shall give directions and:

- Checking, supervising, pushing, guiding and directing the implementation in localities;

- Receive, check and process the results of land inventory and making of land-use status quo maps submitted by the provincial level; direct the provincial level to compile and finalize data, report the results of land inventory and making of land-use status quo maps of their respective localities (if any);

- Summarize data on regional and national land-use status quo, including Tables: 01/TKDD, 02/TKDD, 02a/TKDD, 03/TKDD, 04/TKDD, 05/TKDD, 06/TKDD, 07/TKDD, 08/TKDD, 09/TKDD; 10/TKDD and 11/TKDD;

- Analyze and evaluate the land-use status quo, land-related fluctuations and land management situation of their respective localities, and prepare the following Tables: 12/TKDD, 13/TKDD, 14/TKDD and 15/TKDD;

- Make land-use status quo maps of regions and the whole country and make explanatory reports of the land-use status quo to be enclosed therewith;

- Develop a report on the results of the national land inventory and submit it to the Minister for approval; report to the Prime Minister the results of the national and regional land inventory;

- Approve results of land inventory and making of land-use status quo maps of regions and the whole country;

- Submit to the Minister for decision to publicly disclose the results of national land inventory and make the national land-use status quo map;

- Print and distribute land inventory results and land-use status quo maps.

Article 21. Periodic statistics and inventory of land for national defense and security

1. The periodic statistics and inventory of land for national defense and security shall be presided by the Ministry of National Defense and the Ministry of Public Security, in coordination with the provincial-level People's Committees.

2. People's Committees at all levels shall be responsible for coordinating with the Ministry of National Defense and the Ministry of Public Security to review locations and areas of land used for national defense and security purposes; and agree with the Ministry of National Defense and the Ministry of Public Security on statistics and inventory of land for national defense and security in their respective localities.

3. Indicators for periodic statistics and inventory of land for national defense and security include land types as prescribed in Article 61 of the Land Law.

The statistical and inventory tables for national defense and security land shall be made using Table 16/TKDD provided in Appendix No. 02 to this Circular.

4. Results of periodic statistics and inventory of land for national defense and security shall be submitted as follows:

a) The Ministry of National Defense and the Ministry of Public Security shall be responsible for sending the results of periodic statistics and inventory of land for national defense and security in each locality to the respective provincial-level People's Committee for summarization; sending the results of statistics and inventory of land for national defense and security nationwide to the Ministry of Natural Resources and Environment for summarization and reporting to the Prime Minister;

b) Results of periodic statistics of land for national defense and security include:

- Statistical tables on land for national defense or security;

- Reports on results of periodic statistics of land for national defense and security;

c) Results of periodic inventory of land for national defense and security include:

- Statistical tables on land for national defense or security;

- Land parcel diagram of each spot where land is used for national defense and security in each province and centrally-run city;

- Report on results of inventory of land for national defense and security;

d) Reports on results of statistics and inventory of land for national defense and security shall be sent to the provincial-level People's Committees as follows:

- The dossier of results of land statistics and inventory to be sent shall comprise documents on results of statistics and inventory of land for national defense and security in the respective locality, as prescribed at Points b and c of this Clause;

- The deadline for submitting the results of statistics and inventory of land for national defense and security to the provincial-level People's Committees is January 16 of the year following the year in which the land statistics and inventory were conducted;

dd) Results of statistics and inventory of land for national defense and security shall be sent to the Ministry of Natural Resources and Environment as follows:

- The dossier of results of land statistics and inventory to be sent shall comprise statistical tables regarding the land-use status quo of land for national defense and security of each province and the whole country, as prescribed at Points b and c of this Clause;

- The deadline for submitting the results of statistics and inventory: February 16 of the year following the year in which the land statistics was conducted (for land statistics results); or April 16 of the year following the year in which the land inventory was conducted (for land inventory results).

 

Section 4. CHECKING, SUBMISSION, AND MANAGEMENT OF PERIODIC LAND INVENTORY AND STATISTICS RESULTS

 

Article 22. Checking of periodic land statistics and land inventory results

1. The following shall be checked:

a) The completeness of the documents and data, and the legality of the land statistics and inventory results;

b) The completeness and accuracy of delineating land parcels and identifying land types, land users, and land management entities on the commune-level land inventory maps;

c) The completeness and accuracy of aggregating land parcels in the list of land parcels subject to land statistics and inventory compared to the land inventory maps and the summary tables of land-related fluctuations that have been reviewed and verified by the commune-level People's Committees;

d) The accuracy in summarizing data in land statistical tables and land inventory tables;

dd) The consistency of data between the land statistical and inventory tables and the commune-level land inventory maps; among the statistical and inventory data tables of each administrative level; and between the data tables and the reports on land statistics and inventory results;

e) The quality of reports on land statistics and inventory results and the making of land-use status quo maps in terms of the completeness and consistency of the contents; the quality of the analysis reflecting the land-use status quo; and the quality of the recommended solutions for land management and use;

g) The quality of the land-use status maps concerning format, completeness, and geographical names; the consistency between colors and symbols for land types; the accuracy of land parcels on the map; the deviation in land area between the land-use status quo map and the inventory data; and the consistency of data between the inventory table and the explanatory tables and diagrams of the land-use status quo map for each administrative level (applicable to land inventory).

2. Responsibilities for checking results of land statistics, land inventory and making of land-use status quo maps are prescribed as follows:

a) Units and individuals directly performing each task of land statistics, land inventory, and making of land-use status quo maps shall be responsible for self-checking the results during the implementation process and after completing each product;

b) The commune-level People's Committees shall check and be responsible for the implementation results of the commune level before approval;

c) The district-level Divisions of Natural Resources and Environment shall check the implementation results of the commune level before receiving them; check and be responsible for the implementation results of the district level before submitting them to the district-level People's Committees for approval;

d) The Land Registries shall check the implementation results of the district level before accepting them;

dd) The provincial-level Departments of Natural Resources and Environment shall check and be responsible for the implementation results at the provincial level before submitting them to the provincial-level People's Committees for approval;

e) The General Department of Land Administration shall check the implementation results of the provincial-level People's Committees, the Ministry of National Defense and the Ministry of Public Security before accepting them; check and be responsible for the results of the whole country before submitting them to the Minister of Natural Resources and Environment;

g) In cases where the People's Committees at all levels hire consultancies to perform land statistics and inventory tasks, the subordinate authorities in charge of natural resources and environment shall be responsible for checking and accepting the products to liquidate the contracts in accordance with the law regulations and this Circular.

3. The checking of results of land statistics and inventory prescribed in Clauses 1 and 2 of this Article must be documented in writing in accordance with Circular No. 49/2016/TT-BTNMT dated December 28, 2016 of the Ministry of Natural Resources and Environment prescribing the supervision, checking, appraisal and acceptance of works and products in the field of land management.

Article 23. Submittable dossiers of periodic land inventory and statistics results

1. Submittable dossiers of land statistics results is prescribed as follows:

a) A commune-level submittable dossier shall comprise:

- The commune-level land inventory map, of which fluctuations have been updated and adjusted (01 digital set), and the summary of land-related fluctuations during the year, which has been reviewed and confirmed by the commune-level People's Committee (01 paper set);

- The land statistical table (01 paper set and 01 digital set);

- The report on land statistics results (01 paper set).

b) A district-level submittable dossier shall comprise:

- Commune-level land inventory maps, of which fluctuations have been updated and adjusted (01 digital set);

- The commune-level land statistical table (01 digital set);

- The district-level land statistical table (01 paper set and 01 digital set);

- The report on district-level land statistics results (01 paper set and 01 digital set).

c) A provincial-level submittable dossier shall comprise:

- The commune- and district-level land statistical tables (01 digital set);

- The provincial-level land statistical table (01 paper set and 01 digital set);

- The report on provincial-level land statistics results (01 paper set and 01 digital set);

d) A dossier of regional and national land statistics results submittable to the Prime Minister shall comprise:

- Land statistical table (in paper format);

- Report on land statistics results (in paper format).

2. Submittable dossiers of land inventory and making of land-use status quo maps are prescribed as follows:

a) A commune-level submittable dossier shall comprise:

- The commune-level land inventory map (a shapefile for map polygon creation), enclosed with the list of land parcels subject to land statistics and inventory (01 digital set);

- The summary table of fluctuations in the inventory period sent by the Land Registry, which has been reviewed and confirmed by the commune-level People's Committee (01 paper set);

- The land inventory data table (01 paper set and 01 digital set - if any);

- The land-use status quo map and the explanatory report for it (01 paper set and 01 digital set in *.DGN format; a shapefile for polygon creation);

- The report on land inventory results (01 paper set);

b) A district-level submittable dossier shall comprise:

- The land inventory map, enclosed with the list of land parcels subject to land statistics and inventory (01 digital set);

- The commune-level land inventory data table (01 paper set and 01 digital set);

- The commune-level land-use status quo map (01 digital set);

- The district-level land inventory data table (01 paper set and 01 digital set);

- The district-level land-use status quo map and the explanatory report for it (01 paper set and 01 digital set);

- The report on district-level land inventory results (01 paper set and 01 digital set);

- The explanatory report on land-use status quo (01 paper set and 01 digital set);

c) A provincial-level submittable dossier shall comprise:

- The commune-level land inventory map and land-use status quo map, enclosed with the list of land parcels subject to land statistics and inventory (01 digital set);

- The district level land inventory data table and land-use status quo map (01 digital set);

- The provincial-level land inventory data table (01 paper set and 01 digital set);

- The provincial-level land-use status quo map and the explanatory report for it (01 paper set and 01 digital set);

- The report on provincial-level land inventory results (01 paper set and 01 digital set);

- The explanatory report on land-use status quo (01 paper set and 01 digital set);

d) A regional and national dossier submittable to the Prime Minister shall comprise:

- The national and regional land inventory data tables, detailed by province (01 paper set);

- The report on nationwide land inventory results (01 paper set);

- The national land-use status quo map (01 paper set).

Article 24. Retention, management and disclosure of periodic land statistics and inventory data

1. Documents on commune-, district-, provincial-level, and national results of land statistics and inventory (in paper and digital format) mentioned in Article 23 of this Circular shall be managed and stored in a long-term manner. Maps used for inventory survey for which fluctuations have been updated and adjusted (in paper format) shall be managed until the land inventory results are publicly disclosed.

2. Commune-level data tables, reports on statistics and land inventory results, and land-use status quo maps shall be archived at the commune-level People's Committees and the district-level Divisions of Natural Resources and Environment. Commune-level land inventory maps (in digital format) shall be archived at the commune-level People's Committees, the district- and provincial-level authorities in charge of natural resources and environment, and the Ministry of Natural Resources and Environment. Maps used for inventory survey for which fluctuations have been updated and adjusted (in paper format) shall be managed at the commune-level People's Committees.

3. District-level land statistics and inventory documents shall be archived at the district-level Divisions of Natural Resources and Environment and the provincial-level Departments of Natural Resources and Environment.

4. Provincial-level land statistics and inventory documents shall be archived at the provincial-level Departments of Natural Resources and Environment and the Ministry of Natural Resources and Environment.

5. Regional and national land statistics and inventory documents shall be archived at the Ministry of Natural Resources and Environment.

6. The land statistics, land inventory data and land-use status quo maps shall be managed and disclosed in accordance with the regulations on management and disclosure of cadastral record data of the Ministry of Natural Resources and Environment.

 

Chapter III

THEME-BASED LAND INVENTORY

 

Article 25. Theme-based land inventory

1. Theme-based land inventory is an intensive inventory of one or several indicator(s) in terms of land types, land users, and entities assigned to administrate land as prescribed in Articles 8, 9 and 10 of this Circular and other relevant contents as required for State governance over land from time to time.

2. The contents and scope of theme-based land inventory shall comply with the decision of the Prime Minister or the Minister of Natural Resources and Environment.

3. Based on the decision of the Prime Minister or the Minister of Natural Resources and Environment on theme-based land inventory, the General Department of Land Administration shall draft and submit to the Minister of Natural Resources and Environment for promulgation documents guiding the indicators, formats, methods, planning, and required dossiers on theme-based land inventory results for instructional and implementation purposes.

 

Chapter IV

IMPLEMENTATION ORGANIZATION

 

Article 26. Effect

1. This Circular takes effect on March 01, 2019.

2. This Circular supersedes Circular No. 28/2014/TT-BTNMT dated June 2, 2014 of the Ministry of Natural Resources and Environment prescribing land statistics and inventory, and making of land-use status quo maps.

3. Article 21 of Circular No. 02/2015/TT-BTNMT dated January 27, 2015 of the Ministry of Natural Resources and Environment detailing a number of articles of the Government’s Decree No. 43/2014/ND-CP and Decree No. 44/2014/ND-CP dated May 15, 2014 is hereby annulled.

4. In cases where legal documents incorporated by reference in this Circular are amended or supplemented, the amendments or supplements shall be applied accordingly.

Article 27. Implementation organization

1. Ministries, ministerial-level authorities, Government-attached authorities; and provincial-level People's Committees shall be responsible for directing the implementation of this Circular.

2. Provincial-level People's Committees shall take accountability to the Prime Minister for conducting land statistics and inventory, and making land-use status quo maps in their respective localities, and reporting the results thereof, meeting quality requirements within the respective timeframes and deadlines of submitting reports on results thereof to the Ministry of Natural Resources and Environment for the recipient to summarize and accelerate them to the Prime Minister in accordance with this Circular.

3. The General Department of Land Administration shall be responsible for inspecting the implementation of this Circular.

4. The provincial-level Departments of Natural Resources and Environment shall be responsible for assisting the People's Committees of provinces and centrally-run cities in implementing this Circular in their respective localities.

Difficulties and bottlenecks that arise during the implementation of this Circular should be reported by relevant authorities, organizations, and individuals to the Ministry of Natural Resources and Environment for consideration and resolution./.

 

 

FOR THE MINISTER
DEPUTY MINISTER


Nguyen Thi Phuong Hoa

 

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