Circular No. 04/2013/TT-BTNMT on the establishment of land information databases

CIRCULAR

Provisions on the construction of land information databases

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Based on the Land Law dated November 26, 2003;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;

Article 1. Amending and supplementing certain articles of Decision No. 81/2010/QĐ-TTg dated December 13, 2010 of the Prime Minister on the collection, storage, processing, exploitation, and use of national remote sensing data:

Based on Decree No. 88/2009/ND-CP dated October 19, 2009 of the Government on issuing certificates of land use rights, ownership certificates of houses, and certificates of other assets attached to land;

Based on Decree No. 25/2008/ND-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment; Decree No. 19/2010/ND-CP dated March 5, 2010 of the Government amending and supplementing Points c, d, g, h, and i Clause 5 Article 2 of Decree No. 25/2008/ND-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director General of the National Land Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular stipulating provisions on the construction of land information databases.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the construction, management, exploitation, utilization, and updating of land information databases.

Article 2. Applicability

State administrative agencies; specialized agencies on natural resources and environment; cadres of the land administration at communes, wards, towns, and organizations and individuals related to the construction, management, exploitation, utilization, and updating of land information databases.

Article 3. Explanation of Terms

1. Data: is information in the form of symbols, writing, numerals, images, sounds, or similar forms.

2. Land information database: is a structured collection of cadastral data, land use planning data, land price data, statistical data, and land inventory data organized for access, exploitation, management, and regular updating through electronic means.

3. Information technology infrastructure: is a set of computing equipment (servers, workstations), network connection devices, security devices, peripheral devices, and auxiliary devices, internal networks, and wide area networks.

Article 4. Principles of constructing land information databases

1. Land information databases are constructed centrally and uniformly from the central level down to provinces and centrally-run cities (hereinafter referred to collectively as provincial level) and districts, urban districts, towns, and cities under provinces (hereinafter referred to collectively as district level).

2. Administrative units at commune, ward, and town levels (hereinafter referred to collectively as commune level) are basic units for establishing land information databases.

The land information database at the district level is a collection of land data from all communes within the district; for districts without directly subordinate commune-level administrative units, the district level is the basic unit for establishing land information databases.

The land information database at the provincial level is compiled from the land information databases of all districts within the province.

The land information database at the central level is compiled from the land information databases of all provinces nationwide.

3. The construction, management, exploitation, utilization, and updating of land data must ensure accuracy, scientific rigor, objectivity, timeliness, and be carried out according to current regulations on establishing cadastral files, issuing Certificates of Land Use Rights; Certificates of Ownership of Houses and Land Use Rights; Certificates of Land Use Rights, Ownership of Houses, and Other Assets Attached to Land (hereinafter referred to collectively as Certificates).

Article 5. Content and Structure of Land Information Databases

1. Land information databases include the following component databases:

a) Cadastre database;

b) Land use planning database;

c) Land value database;

d) Land statistics and inventory database.

The cadastral database is the basic component of the land information database, serving as the foundation for building and spatial positioning of other component databases.

2. The content, structure, and type of information of the cadastral database are implemented according to the provisions of Article 4 of Circular No. 17/2010/TT-BTNMT dated October 4, 2010 of the Ministry of Natural Resources and Environment stipulating technical standards for cadastral data (hereinafter referred to as Circular No. 17/2010/TT-BTNMT).

3. The content, structure, and type of information of the land use planning database, the land price database, and the land statistics and inventory database are implemented according to technical standards for land use planning data, technical standards for land price data, and technical standards for land statistics and inventory data stipulated by the Ministry of Natural Resources and Environment.

Article 6. Legal Value of Land Registry Database

1. Information in the land registry database that has been inspected and accepted according to regulations shall have legal value equivalent to that in paper land records.

In cases where information is inconsistent between the land registry database and land records (land administration files, planning files, land valuation files, statistical and inventory files), the determination shall be based on the documents in the land records that have been finally approved by the competent authority.

2. For cases where cadastral surveying replaces previously used survey documents for registration purposes without issuing a new Certificate of Ownership, the information regarding parcel codes, parcel boundaries, and parcel areas shall be determined according to the cadastral database consistent with the new survey documents that have been inspected and accepted by the competent authority.

Article 7. Responsibilities for Building the Land Registry Database

1. The Department of Land Management under the Ministry of Natural Resources and Environment shall be responsible for organizing the construction, management, exploitation, updating, and maintenance of the central-level land registry database; directing and guiding the construction, management, exploitation, updating, and maintenance of the land registry database at local levels.

2. The Department of Natural Resources and Environment shall be responsible for performing the following tasks:

a) Developing plans for implementing the construction of the land registry database within the entire province and submitting them to the Provincial People's Committee for approval;

b) Assigning subordinate units of the Department of Natural Resources and Environment to be responsible for building and managing technical infrastructure for information technology; operating the land registry database system to ensure safety, security, and data confidentiality;

c) Directing the construction, management, exploitation, updating, and maintenance of the land registry database within the provincial territory.

3. The Provincial Office of Land Registration shall be responsible for:

a) Building, managing, exploiting, updating, and maintaining the cadastral database and the statistical and inventory land database at the provincial level;

b) Updating and amending the cadastral database for initial registration cases and change registration cases within the provincial jurisdiction; synchronizing the cadastral database throughout the province for all initial registration and change registration cases of all land users and property owners;

c) Integrating the statistical and inventory land databases from the district level and supplementing them into the provincial-level statistical and inventory land database.

4. Subordinate units of the Department of Natural Resources and Environment with the function of implementing provincial land use planning shall be responsible for:

a) Building, managing, exploiting, updating, and maintaining the provincial-level land use planning database;

b) Integrating the land use planning databases from the district and commune levels.

5. Subordinate units of the Department of Natural Resources and Environment with the function of implementing provincial land valuation shall be responsible for building, managing, exploiting, updating, and maintaining the provincial-level land valuation database.

6. The Natural Resources and Environment Division shall be responsible for building, updating, managing, and exploiting the land use planning database at the district and commune levels.

7. The District Office of Land Registration shall be responsible for:

a) Building, updating, managing, and exploiting the district-level cadastral database and the statistical and inventory land database;

b) Updating and amending the cadastral database for initial registration and change registration cases within the district jurisdiction;

c) Compiling the statistical and inventory land databases from the commune and district levels to supplement into the district-level statistical and inventory land database;

d) Providing updated land change information to the Provincial Office of Land Registration for updating the provincial-level cadastral database;

e) Providing cadastral data and land change information to the Commune People's Committee for local land management purposes.

Chapter II

CONSTRUCTION OF THE LAND REGISTRY DATABASE

Article 8. Construction of land administration database for cases where the simultaneous implementation of land administration map rectification or new measurement and mapping, registration, issuance of new or replacement certificates, and construction of a land administration database for all parcels of land is carried out.

1. Preparation work (Step 1)

Is carried out concurrently with the preparation process for land administration surveying and mapping and land registration, including the following tasks:

a) Preparing materials, equipment, tools, and software for the construction of the land administration database;

b) Preparing human resources and working locations.

2. Data Collection (Step 2)

a) Collecting documents prepared during previous registration and certificate issuance processes, including: maps, sketches, cadastral surveys, certificates, land registers, land inventory books, land change tracking books, and other documents generated during land management;

b) Cadastral maps, land use planning maps;

c) Registration files for new or replacement certificates and land change registrations.

3. Construction of Spatial Cadastral Data (Step 3)

a) Standardizing spatial cadastral object classes according to cadastral data standards from the content of digital cadastral maps:

- Creating a cross-reference table between spatial cadastral object classes and corresponding content in the cadastral map to separate and filter necessary objects from the cadastral map content;

- Standardizing spatial cadastral object classes that do not meet the requirements of cadastral data standards;

- Reviewing and standardizing attribute information for each spatial cadastral object according to technical regulations on cadastral data standards.

b) Converting and merging spatial cadastral object classes into the database by administrative unit of commune.

4. Construction of Attribute Cadastral Data (Step 4)

- Creating a reference table of old and new parcel numbers for parcels that have been issued certificates according to old maps.

- Entering and standardizing information from cadastral files or certificate issuance files, land change registration files (including mortgage transaction files), and stored copies of certificates for parcels that have been issued certificates before replacement (only entering information from the last change file). Do not enter attribute cadastral information for cases where files are within the consolidation and redistribution area.

- Entering and standardizing information from first-time certificate issuance files, replacement certificate issuance files, and land change registration files.

5. Scanning Legal Documents Regarding Land Use Rights (Step 5)

a) Scanning legal documents regarding land use rights include:

- Newly issued or replaced certificates or previously issued certificates currently in use;

- Legal documents regarding the origin of land use as the basis for issuing certificates;

- Financial obligation execution certificates for land.

b) Scanning maps, sketches, and cadastral extracts used to issue certificates previously;

c) Processing scanned files to form a digital certificate issuance dossier, stored in PDF format;

d) Linking the digital certificate issuance dossier with the cadastral database and constructing a digital certificate issuance dossier repository.

6. Completing Cadastral Data (Step 6)

Conducting verification and improving the quality of cadastral data for 100% of parcels compared to information in the digital certificate dossier repository and land registration files, other property attached to land used to construct the cadastral database.

7. Construction of Metadata (Step 7)

a) Collecting necessary information about cadastral data to build cadastral metadata according to Circular No. 17/2010/TT-BTNMT;

b) Entering cadastral metadata information according to Article 6 of Circular No. 17/2010/TT-BTNMT.

8. Testing Management, Exploitation, and Updating of the Database (Step 8)

Directly implementing testing on the land database product, specifically as follows:

a) Conducting testing of database management, exploitation, and updating using the land management system software specified by the project owner for a minimum period of 60 days;

b) Handling and correcting errors and issues found in the database during the testing phase of management, exploitation, and updating;

c) Preparing a report on the trial operation of the database.

9. Inspection and Evaluation of Cadastral Database Quality (Step 9)

a) Inspecting the cadastral database according to Circular No. 05/2009/TT-BTNMT dated June 1, 2009, of the Ministry of Natural Resources and Environment guiding inspection, review, and acceptance of cadastral works and products (hereinafter referred to as Circular No. 05/2009/TT-BTNMT);

b) Evaluating the quality of the cadastral database according to Article 7 of Circular No. 17/2010/TT-BTNMT.

10. Packaging and Submission of Cadastral Database Products (Step 10)

a) Packaging and submitting spatial cadastral data by administrative unit of commune in Geography Markup Language (GML) format;

b) Packaging and submitting attribute cadastral data by administrative unit of commune stored in eXtensible Markup Language (XML) format;

c) Packaging and submitting metadata of the corresponding cadastral database stored in XML format;

d) Packaging and submitting the completed cadastral database tested for management, exploitation, and updating using land information system software according to point a, Clause 8, Article 8 of this Circular;

đ) Packaging and submitting the digital certificate dossier repository linked to the cadastral database by administrative unit of commune;

e) Creating digital inventory books, digital land registers, and digital cadastral maps from the presented cadastral database according to the regulations of the Ministry of Natural Resources and Environment.

Article 9. Construction of land administration database for cases where registration has been carried out, certificates issued, and land change registrations made.

1. Preparation work (Step 1)

The following tasks are included:

a) Develop implementation plans;

b) Prepare materials, equipment, tools, and software for the construction of the land administration database;

c) Prepare human resources and working locations.

2. Data Collection (Step 2)

a) Collect data and documents

- Land administration maps or other types of survey documents (in areas without land administration maps) used to issue certificates (parcel maps, detailed construction planning maps, diagrams, land administration surveys);

- Land use planning maps;

- Copies of certificates, property registers, land registers, certificate issuance registers, and land change registration books that have been established;

- Initial certificate issuance application files and renewal application files;

- Land change registration files and land transfer, lease, and recovery documents established after completing the issuance of certificates and establishing land records;

- Land records files prepared before mapping land administration maps (if available).

b) Analyze, evaluate, and select documents for use:

- The analysis and evaluation must determine the time of creation and the completeness of information in each document to choose the appropriate documents for constructing the land administration database; priority should be given to selecting documents with the most recent creation date, complete information, and highest legal value;

- The results of the analysis and evaluation must identify the documents to be used for different purposes during the construction of the land administration database:

+ Documents for building spatial land administration data are land administration maps. In areas without land administration maps but using other survey documents for issuing certificates, the accuracy and spatial connectivity between adjacent parcels must be assessed to ensure spatial relationships (Topo) according to current land data standards. If the survey results over a wide area (including multiple parcels) meet the required accuracy and allow geometric adjustments according to current regulations, they can be used to build the spatial land administration database. If only diagrams or individual parcel land surveys or land maps for a region including multiple parcels without geographic coordinates are available, only attribute land administration database construction will be performed;

+ Documents for building attribute land administration data prioritize land registers and certificate copies. If land registers lack complete information and regular updates, and certificate copies are incomplete, initial certificate issuance application files and renewal application files must be selected to update missing information;

+ Documents for updating or modifying changes in land records include: land change registration files, land transfer, lease, and recovery documents (established after completing certificate issuance and land record establishment);

+ Other types of maps, diagrams, and land surveys previously used for issuing certificates may be considered for inclusion in digital certificate issuance files.

3. Classify parcels and complete existing land records (Step 3)

a) Compare and classify parcels

Compare parcels on land administration maps or other survey documents (in areas without land administration maps) used for building spatial land administration data with registration files and certificate copies. Based on the degree of geometric consistency and the status of certificate issuance, a list of parcel classifications is created as follows:

- Type A parcel: Includes parcels that have been issued certificates with information content consistent with current regulations and have not undergone changes;

- Type B parcel: Includes parcels that have been issued certificates with some information (land use origin, purpose...) inconsistent with current regulations and have not undergone changes;

- Type C parcel: Includes parcels that have been issued certificates but have undergone changes in attribute information;

- Type D parcel: Includes parcels that have been issued certificates but have undergone boundary changes (splitting, merging, boundary adjustments...) without updating the land administration map;

- Type Đ parcel: Parcels that have been issued certificates in areas without land administration maps but survey documents used for issuing certificates do not meet conditions for building a spatial database;

- Type E parcel: Cases where parcels have been issued certificates in areas with land administration maps but have not been renewed according to new land administration maps;

- Type G parcel: Parcels declared and registered but not yet issued certificates.

b) Complete land records

- For land administration maps or other survey documents (in areas without land administration maps) used to establish the land administration database in paper form or not yet established in the VN-2000 coordinate system, digitization, coordinate conversion, and editing to complete according to current regulations shall be carried out;

- Verify and supplement information content (land use origin, purpose...) inconsistent with current regulations to complete land records;

- Edit land record documents (excluding survey documents) selected for use in updating the database based on additional investigation results;

- Update and edit digital land administration maps or other survey documents (in areas without land administration maps) in the following cases:

+ For Type B and G parcels: Update and edit usage purpose information according to corrected land records;

+ For Type C parcels: Edit attribute information for parcels with changes according to land transfer, lease, and recovery documents, certificate copies, or resolved land change registration files.

+ For land plot type D: Retain information on the land plot to serve the construction of the previous version of the cadastral parcel spatial data before rectification; Rectify the shape of the land plot, attached assets, and attribute information that has changed according to the land transfer, lease, recovery records, certificate retention files, or registration change files that have been resolved.

+ For land plot type E: Construct cadastral spatial data for the land plot from old survey documents (not yet being cadastral maps) that were used to issue Certificates of Land Use Rights for plots with undetermined shape changes on new cadastral maps.

4. Construction of Cadastral Spatial Data (Step 4)

a) Standardize cadastral object layers according to cadastral data standards from the content of the rectified digital cadastral map:

- Create a comparison table between the cadastral object layer and the corresponding content in the cadastral map or other survey documents used (where there is no cadastral map) to separate and filter necessary objects;

- Standardizing spatial cadastral object classes that do not meet the requirements of cadastral data standards;

- Reviewing and standardizing attribute information for each spatial cadastral object according to technical regulations on cadastral data standards.

b) Converting and merging spatial cadastral object classes into the database by administrative unit of commune.

c) Merge cadastral spatial data for areas where only other survey documents exist (where there is no cadastral map) and meet the conditions to build databases at the commune administrative level.

5. Construction of Cadastral Attribute Data (Step 5)

Based on the list of land plot classifications and the completed cadastral record rectification results established under Point a Clause 3 Article 9 of this Circular, proceed to enter and standardize cadastral attribute information as follows:

a) For land plots types A, B, and Đ: Enter and standardize information from the Certificate issuance records for groups such as land plots, assets on land, land users, and land use rights from the corresponding cadastral records for each land plot;

In cases where land plots have been reissued Certificates of Land Use Rights based on cadastral maps, enter and standardize information from the reissue records, certificate retention files of land plots that had been issued Certificates of Land Use Rights prior to reissuance, except for areas involved in consolidation and land reallocation.

b) For land plot type C:

- Enter and standardize information for groups such as land plots, assets on land, land users, and land use rights from the cadastral records before the change;

- Enter information after the change from the land transfer, lease, recovery records, certificate retention files, or registration change files.

c) For land plot type D:

- Enter and standardize information for groups such as land plots, assets on land, land users, and land use rights from the cadastral records before the change; except for areas that have undergone consolidation and land reallocation or undetermined division of land plots on new cadastral maps;

- Enter and standardize information for groups such as land plots, assets on land, land users, and land use rights after the change from the land transfer, lease, recovery records, certificate retention files, or registration change files.

d) For land plot type E:

- Enter and standardize information for groups such as land plots, assets on land, land users, and land use rights from the cadastral records established before mapping the cadastral map;

- Enter information changes according to the new cadastral map (sheet number, plot number, area).

e) For land plot type G: Enter and standardize information for groups such as land plots, assets on land, and land users from the land registration declaration records.

6. Scanning Legal Documents on Land Use Rights (Step 6)

a) Scanning legal documents regarding land use rights include:

- Newly issued or replaced certificates or previously issued certificates currently in use;

- Legal documents regarding the origin of land use as the basis for issuing certificates;

- Financial obligation execution certificates for land.

b) Scan maps, diagrams, and cadastral drawings previously used to issue Certificates of Land Use Rights.

c) Processing scanned files to form a digital certificate issuance dossier, stored in PDF format;

d) Linking the digital certificate issuance dossier with the cadastral database and constructing a digital certificate issuance dossier repository.

7. Completing Cadastral Data (Step 7)

Cross-check and complete the quality of cadastral data for 100% of land plots against the information in the digital archive of Certificate records and land registration records, other attached assets used to build the cadastral database.

8. Construction of Descriptive Metadata (Step 8)

a) Collecting necessary information about cadastral data to build cadastral metadata according to Circular No. 17/2010/TT-BTNMT;

b) Entering cadastral metadata information according to Article 6 of Circular No. 17/2010/TT-BTNMT.

9. Testing Management, Exploitation, and Updating of the Database (Step 9)

Directly implementing testing on the land database product, specifically as follows:

a) Conducting testing of database management, exploitation, and updating using the land management system software specified by the project owner for a minimum period of 60 days;

b) Handling and correcting errors and issues found in the database during the testing phase of management, exploitation, and updating;

c) Preparing a report on the trial operation of the database.

10. Inspection and Evaluation of the Quality of the Cadastral Database (Step 10)

a) Inspect the cadastral database according to the provisions of Circular No. 05/2009/TT-BTNMT;

b) Evaluating the quality of the cadastral database according to Article 7 of Circular No. 17/2010/TT-BTNMT.

11. Packaging and Submitting the Cadastral Database Product (Step 11)

a) Package and submit cadastral spatial data at the commune administrative level in the standard GML format;

b) Package and submit cadastral attribute data at the commune administrative level stored in the XML format;

c) Packaging and submitting metadata of the corresponding cadastral database stored in XML format;

d) Package and submit the cadastral database in a form that has been tested for management, exploitation, and updating using the land information system software as stipulated in Point a Clause 9 Article 9 of this Circular;

đ) Packaging and submitting the digital certificate dossier repository linked to the cadastral database by administrative unit of commune;

e) Create digital land registry books, digital land books, and digital cadastral maps from the cadastral database presented according to the regulations of the Ministry of Natural Resources and Environment, except for cases where digital cadastral maps have already been created without any changes.

Article 10. Completing the cadastre database that has been established but whose content does not comply with the provisions of Circular No. 17/2010/TT-BTNMT.

1. Preparation work (Step 1)

The following tasks are included:

a) Develop implementation plans;

b) Prepare materials, equipment, tools, and software for the construction of the land administration database;

c) Prepare human resources and working locations.

2. Reviewing and evaluating the current status of the database (Step 2)

Conduct a review to prepare a report on the current status of the data, specifically as follows:

a) Spatial cadastre data: Coordinate system, object classification, geometric relationships, object type, quality of spatial standardization of cadastral objects;

b) Attribute cadastre data: Check the completeness and accuracy of the groups of attribute data listed in the attached annex;

c) Evaluate the linkage between spatial and attribute data: List parcels with spatial data but without attribute data and vice versa;

d) Evaluate the results and quality of updating changes in the system at the time of completing the database (list parcels present in the database but according to the current status of land certificate issuance files have undergone changes).

3. Collecting additional documents (Step 3)

Collect and classify files and documents to serve the supplementation of information and scanning of files (including cadastral files and original land certificate issuance files).

4. Completing spatial data (Step 4)

Includes tasks for newly updated parcels and missing spatial object groups compared to the standard cadastre database, specifically:

a) Standardize additional spatial objects to meet the requirements of the standard cadastral data;

b) Update changed cadastral objects according to the status of land certificate issuance files and change registration files;

c) Convert additional spatial cadastral objects into the existing database.

5. Converting and completing the database (Step 5)

a) Develop a data conversion model;

b) Convert and standardize data according to the provisions of the standard cadastral data;

c) Input and standardize additional attribute data based on the current status of changes in land certificate issuance files and change registration files;

d) Review and complete the quality of the database compared to the current status evaluated under Clause 2 of this Article.

6. Scanning Legal Documents on Land Use Rights (Step 6)

a) Scanning legal documents regarding land use rights include:

- Newly issued or replaced certificates or previously issued certificates currently in use;

- Legal documents regarding the origin of land use as the basis for issuing certificates;

- Financial obligation execution certificates for land.

b) Scanning maps, sketches, and cadastral extracts used to issue certificates previously;

c) Processing scanned files to form a digital certificate issuance dossier, stored in PDF format;

d) Linking the digital certificate issuance dossier with the cadastral database and constructing a digital certificate issuance dossier repository.

7. Construction of Metadata (Step 7)

a) Collecting necessary information about cadastral data to build cadastral metadata according to Circular No. 17/2010/TT-BTNMT;

b) Entering cadastral metadata information according to Article 6 of Circular No. 17/2010/TT-BTNMT.

8. Testing management, exploitation, and updating of the database (Step 8)

Directly implementing testing on the land database product, specifically as follows:

a) Conducting testing of database management, exploitation, and updating using the land management system software specified by the project owner for a minimum period of 60 days;

b) Handling and correcting errors and issues found in the database during the testing phase of management, exploitation, and updating;

c) Preparing a report on the trial operation of the database.

9. Inspection and Evaluation of Cadastral Database Quality (Step 9)

a) Inspect the cadastral database according to the provisions of Circular No. 05/2009/TT-BTNMT;

b) Evaluating the quality of the cadastral database according to Article 7 of Circular No. 17/2010/TT-BTNMT.

10. Packaging and Submission of Cadastral Database Products (Step 10)

a) Package and submit cadastral spatial data at the commune administrative level in the standard GML format;

b) Package and submit cadastral attribute data at the commune administrative level stored in the XML format;

c) Packaging and submitting metadata of the corresponding cadastral database stored in XML format;

d) Package and submit cadastral data in the form of a database that has been tested for management, exploitation, and updating using the land information system software as stipulated in Point a, Clause 8, Article 10 of this Circular.

đ) Packaging and submitting the digital certificate dossier repository linked to the cadastral database by administrative unit of commune;

e) Create digital land registry books, digital land books, and digital cadastral maps from the cadastral database presented according to the regulations of the Ministry of Natural Resources and Environment, except for cases where digital cadastral maps have already been created without any changes.

Article 11. Integrating the cadastre database

The product of the cadastral database of each commune administrative unit, upon completion, packaging, and submission, will be integrated as follows:

1. Review the spatial data of each commune administrative unit to address errors along the borders between adjacent communes (if any). In cases where there are discrepancies in parcel shapes (due to the accuracy of different types of cadastral maps at different scales), they need to be resolved in conjunction with related file types.

2. Review and update the database for cases of changes occurring after the acceptance of the cadastral database product until the integration into the provincial land database system.

3. Convert the cadastral data constructed according to the commune administrative units into the district land database; aggregate the district land databases into the provincial land database; consolidate the land databases of provinces into the central land database.

Data after being updated into the system must ensure its originality compared to the original data before the update.

4. Address inconsistencies in attribute cadastral information during the integration process according to commune administrative units ensuring the following requirements:

a) Ensure the consistency of attribute cadastral information throughout the entire database system including:

- Information of the same geographic name, boundary, transportation, hydrology, and other linear objects within adjacent commune administrative units;

- Information about the address of parcels, property attached to land, and the address of land users in different commune administrative units.

b) Ensure the uniqueness of information about land users throughout the entire database system;

5. Test the management, exploitation, and updating of the integrated database for ten (10) days.

6. Synchronize the provincial land database with the central land database is carried out weekly.

Article 12. Construction of land price database, land use planning database, and land statistics and inventory database

1. The construction of the land price database shall be carried out in conjunction with the process of establishing the land price list as prescribed by the Ministry of Natural Resources and Environment.

2. The construction of the land use planning database shall be carried out in conjunction with the process of establishing land use plans at various levels as prescribed by the Ministry of Natural Resources and Environment.

3. The construction of the land statistics and inventory database shall be carried out in conjunction with the process of conducting land statistics and inventory as prescribed by the Ministry of Natural Resources and Environment.

Chapter III

MANAGEMENT, EXPLOITATION AND USE,

UPDATING THE LAND DATABASE

Article 13. Model for managing and operating the land database at local level

1. The land database shall be managed and operated under a centralized model as follows:

a) The land database shall be stored and uniformly managed at the Department of Natural Resources and Environment (referred to as the provincial-level land database);

b) The provincial-level Land Registration Office shall access the provincial-level land database through a local area network (LAN) or wide area network (WAN) to exploit and update information for cases within its jurisdiction;

c) The district-level Land Registration Office shall access the provincial-level land database through a wide area network (WAN/internet) to exploit and update information for cases within its jurisdiction;

d) Cadres of the People's Committee of communes where technological conditions permit shall access the provincial-level land database through a wide area network (WAN/internet) to exploit information to serve land management needs at the local level;

e) Other organizations and individuals who need to use the information shall search through the provincial-level land information portal;

2. In cases where the infrastructure does not meet the requirements for direct access by the district-level Land Registration Office to the centralized land database at the provincial level, the provincial-level land database shall be extracted into copies by county and installed on the district-level server for exploitation, use, and regular updating of land changes.

Article 14. Basic requirements for the construction, management, exploitation and use, and updating of the land database

1. Requirements for application software

Application software for the construction, management, exploitation, and updating of the database must be reviewed and approved for use by the Ministry of Natural Resources and Environment, including:

a) System software;

b) Platform software (relational database management system, geographic information system...);

c) Application software, comprising basic subsystems:

- System management;

- Spatial information management;

- Data entry and update;

- Land registration (initial registration, change registration);

- Data synchronization;

- Land information exploitation (summary, search, provision, map export, etc.);

- Land information portal.

2. Requirements for technical infrastructure

a) Equipment for storing and operating the land database includes:

- Database server (Data Server);

- Standby database server (Standby Data Server);

- Backup database server (Backup Data Server);

- Database storage system that can directly use the hard drive on the server (DAS solution) or specialized data storage systems on the network such as Storage Area Network (SAN), Network Attached Storage (NAS). The capacity of the storage equipment system must ensure sufficient storage for the land database and digital certificate archives;

- Data backup system: DVD-ROM recording device or other long-term data backup systems;

b) Equipment for the frequent exploitation and updating of the land database by the land registration offices at all levels includes:

- Workstation system with strong graphic configuration to manipulate and edit spatial data in the land database;

- Workstation system with moderate configuration to manipulate and edit attribute data in the land database;

- Peripheral equipment: A3 scanner, A4 document scanner, A4 printer, A3 printer, A1 or larger drawing machine, barcode reader;

- DVD-ROM recording device for sharing and synchronizing data between land registration offices at all levels;

c) Transmission lines include:

- Wide area network (WAN/internet) connecting the provincial-level Land Registration Office and the district-level Land Registration Office online;

- Local area network (LAN) system;

3. Requirements for organizing the construction, management, exploitation and use, and updating of the database:

a) The construction of the land database must be organized and implemented according to administrative units at the district level and prioritized for urban areas, suburban areas, and administrative areas with high levels of land transactions;

b) For localities implementing comprehensive measurement and new mapping or perfecting existing cadastral maps and issuing new or renewed certificates, they must construct the cadastral database concurrently with the measurement, perfection of cadastral maps, and land registration and issuance of certificates according to the regulations of the Ministry of Natural Resources and Environment;

c) Consulting units undertaking the construction of the land database must be reviewed and evaluated by the General Department of Land Management regarding their capability to meet the requirements of the land database construction tasks of the locality;

Consulting units shall submit documents to the General Department of Land Management for capability review, including:

- Documentation on the content and volume of tasks for constructing the land database planned to be implemented;

- Copies of decisions on establishment or business licenses in the field of information technology, cadastral surveying, and land management;

- List and quantity of types of technological equipment to be used for constructing the land database;

- List of staff registered to participate in implementation, indicating their qualifications, training specialties, certificates in land database construction, and work experience;

- List of projects and construction works of land databases already completed, ongoing, or participated in (if any).

Within thirty working days from the date of receiving the dossier, the National Land Administration General Department must complete the review and notify the results to the Provincial Department of Natural Resources and Environment and the consulting units.

d) The land registration offices at all levels and other relevant units involved in the exploitation and updating of the land database must be strengthened in terms of organization and staff to clearly define their functions, tasks, specialized positions, and ensure sufficient staffing to meet the requirements for exploiting, using, and regularly updating the local land database.

đ) The unit assigned the task of managing and operating the local land database system must have IT professionals with university-level qualifications or higher to install software, manage the system; monitor and handle system server issues; back up the database.

Article 15. Management and Ensuring Safety of the Land Database

1. The content of land database management includes:

a) Implementing measures to ensure the safety of information infrastructure systems;

b) Managing the software system to ensure stability and security for the entire system;

c) Managing and storing the land database to ensure the safety of information data, access data, and transmission data. Data within the database, transmission data, and backup recovery data must be protected with encryption and data hiding solutions. Transmission data uses data encryption solutions. The software management and update system for the database must have solutions to control unauthorized application or user access to the database, monitor user activities.

2. The National Land Administration under the Ministry of Natural Resources and Environment is responsible for ensuring the safety of the central cadastral information system.

3. The Provincial Department of Natural Resources and Environment is responsible for managing provincial-level information technology infrastructure and the database connection system to counties; managing the application software system.

For counties that do not have the conditions to directly access the provincial land database, the County Land Registration Office is responsible for managing the local information technology infrastructure.

4. The Land Registration Office under the Provincial Department of Natural Resources and Environment is responsible for managing and backing up the provincial-level cadastral database and statistical database.

For counties that do not have the conditions to directly access the provincial land database, the County Land Registration Office is responsible for managing and backing up the local cadastral database and statistical database.

5. Units subordinate to the Provincial Department of Natural Resources and Environment implementing provincial land use planning, land valuation management of application software systems; managing and backing up the provincial-level land use planning database and land price database.

For counties that do not have the conditions to directly access the provincial land database, the District Natural Resources and Environment Office is responsible for managing and retaining the local land use planning database.

The land database must be backed up to storage devices on a weekly, monthly, and annual basis to prevent data loss during management and use.

Weekly backups must be retained for a minimum of three months; monthly backups must be retained for a minimum of one year; annual backups must be retained permanently and stored in at least two locations.

7. The Provincial Department of Natural Resources and Environment is responsible for establishing regulations for managing, utilizing, and updating the land database including:

a) Regulations for managing, utilizing, and updating the land database;

b) Procedures for managing the land database;

c) Procedures for updating the land database based on land change registration results;

d) Procedures for searching and providing land information;

đ) Regulations on ensuring security, confidentiality of information, and safety for the land database;

e) Establishing unit prices and regulations on managing and using funds from land information provision according to local characteristics.

Article 16. Updating and Amending Land Registry Database Changes

1. Basis for updating and amending land registry database changes

a) The cadastral database is regularly updated and amended based on the following grounds:

- Land allocation files or land lease files, land auction files for land use rights, registration files, and certificates issued after the establishment of the land database;

- Land recovery files;

- Files registering changes in land use and property ownership attached to the land;

- Files issuing new or replacement certificates, reissuing lost certificates, and correcting information recorded on issued certificates;

- Official documents from competent authorities regarding the establishment, adjustment of administrative boundaries, or renaming of administrative units related to land plots and properties attached to the land.

b) The statistical and inventory land database is supplemented and updated based on the results of land statistics and inventories approved and announced by competent authorities.

c) The land use planning database is updated and amended according to the results of adjusting land use plans during the period or the results of establishing land use plans for the subsequent period, which have been approved by competent authorities.

d) The land price database is updated and amended based on the following grounds:

- Land price lists approved and announced by provincial People's Committees;

- Land allocation, lease, and land auction files;

- Land right transfer files;

- Documents adjusting land lease prices.

2. Level and Frequency of Updating and Amending the Land Registry Database

a) For the cadastral database, information updates and amendments must be continuously and regularly carried out during the process of handling administrative procedures concerning land for each case and must be completed before the certificate is handed over to the certificate holder;

b) For the statistical and inventory land database, it is compiled during the periodic land statistics and inventory process and officially updated into the database within five days from the date of approval and announcement by competent authorities;

c) For the land use planning database, it is updated and amended within ten days from the date of approval by competent authorities;

d) For the land price database, it is updated and amended within ten days from the date of implementation of the land price list, land allocation, lease, and land auction files, and land right transfer files.

3. Checking the Update of the Land Registry Database

a) Units responsible for building and integrating databases at the commune level must ensure the responsibility to review and check all information that has been identified, corrected, and updated into the current status of cadastral files before officially entering them into the land registry database. The update results must allow subsequent changes to be directly implemented on the system database immediately after the product is accepted and put into operation at the land registration offices at various levels;

Provincial land registration offices and district land registration offices operate copies of the database to conduct regular checks on the cadastral database and the updated statistical and inventory database. The minimum inspection rate is 10% of the number of cases updated and amended.

Article 17. Synchronization of Land Administration Databases

After updating and correcting, the land administration database must be synchronized at all three levels: central, provincial, and district, as follows:

1. For districts that do not have sufficient conditions to directly access the provincial land database, the District Registration Office shall regularly extract data on the issuance of the first Certificate of Land Use Right or registration of changes at the district level and send it to the Provincial Registration Office for inclusion in the provincial database.

The Provincial Registration Office shall regularly extract data on the issuance of the first Certificate of Land Use Right or registration of changes at the provincial level and send it to the District Registration Office to update the district database.

2. The Provincial Registration Office shall regularly extract change data and send it to the Land Management General Department to update the central-level land database.

3. The Registration Offices at various levels and the Land Management General Department, upon receiving sent data, shall conduct regular checks and standardize the data before updating it into the land database for management and use.

4. The periodic time for sending local data shall be specified by the Department of Natural Resources and Environment but shall not exceed one week. The periodic time for sending provincial data to the Land Management General Department shall be conducted once every quarter, in the last week of the last month of each quarter.

In cases where it is necessary to synchronize the land database before the prescribed period, the agencies requiring synchronization shall submit a request in writing to the Registration Offices responsible for updating change data to provide data for synchronization purposes.

Article 18. Provision of Information from the Land Database

1. The provision of information from the land database shall be carried out through the following methods:

a) Online search on the internet;

b) Extracting land registry maps, copying land records, and land price lists;

c) Copying extracted information from the land database onto storage devices.

2. Content of the provided information

a) In the case of free online searches on the internet, the information content includes:

- Land attribute information including: parcel number, cadastral map number; area; purpose of land allocation, lease, or recognized by the State; registered or not registered; certificate issued or not issued;

- Land use planning information approved by competent state authorities including: spatial planning diagram of the area with the parcel; planned land use purpose;

- Published land price list.

b) When providing land data according to specific needs, it shall be done as follows:

- For land users who need such information, they shall be provided with data related to their parcels and attached assets within the land database;

- People's Committees, land management agencies, State Audit, and People's Courts at all levels needing land information to perform assigned tasks shall be provided with relevant data within the land database;

- Other organizations and individuals needing such information shall be provided with data within the land database except for the following parcel data:

+ Name of defense and security agencies;

+ Information about legal documents, personal details, and addresses of land users and owners of attached assets;

+ Parcel coordinates;

+ Certificate issuance file (scanned certificates and legal documents regarding land use rights);

+ Mortgage registration file using land use rights and ownership of attached assets.

3. Competent authorities providing information shall act as follows:

a) The Land Management General Department and Departments of Natural Resources and Environment shall provide information on land prices, land use planning, statistics, and inventory; Environmental Resource Management Offices shall provide information on land prices, land use planning, statistics, and inventory within their jurisdictional scope.

b) The competent Registration Office shall provide information on cadastral parcel data as stipulated in Clause 2, Section VI of Circular No. 09/2007/TT-BTNMT dated August 2, 2007 guiding the establishment, correction, and management of cadastral files.

4. Procedures for providing information shall be carried out in accordance with Clause 4, Section VI of Circular No. 09/2007/TT-BTNMT dated August 2, 2007 guiding the establishment, correction, and management of cadastral files.

5. The Land Management General Department, Departments of Natural Resources and Environment, and Environmental Resource Management Offices shall be responsible for publicly disclosing the current directory of land information and units authorized to provide information at their offices and on electronic portals (if available).

6. Organizations and individuals utilizing cadastral information must pay information extraction fees in accordance with laws on fees and charges.

Provincial People's Councils under the Central Government shall issue regulations on the collection and use of fees for providing land information from the land database for different forms of information provision and specific user groups in accordance with the law.

Chapter V

IMPLEMENTATION

Article 19. Effective Date

This Circular takes effect from June 10, 2013.

Article 20. Responsibilities for implementation

1. The Land Management General Department is responsible for monitoring the implementation of this Circular.

2. Provincial People's Committees under the Central Government shall be responsible for disseminating, allocating funds, and directing the implementation of this Circular at the local level.

3. Departments of Natural Resources and Environment shall assist Provincial People's Committees under the Central Government in implementing this Circular at the local level; report to the Land Management General Department on the implementation progress and results of building the land database at the local level every six months and annually (sent before June 15 and December 15 each year); submit one set of completed village land database products (CD format) to the Land Information and Storage Center under the Land Management General Department for synchronization into the central land database.

Any difficulties or obstacles encountered during the implementation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and decision./.