Circular No. 07/2015/TT-BTNMT stipulates the preparation of land use plans; the establishment of land boundary files; land surveying and mapping; determination of land rental prices; allocation and leasing of land; and issuance of certificates of land use rights, ownership of houses, and other assets attached to the land for agricultural and forestry companies.

CIRCULAR

Regulations on the preparation of land use plans; establishment of land boundary files; surveying, preparing cadastral maps;

determining land rental prices; allocating land, leasing land and issuing certificates of land use rights, ownership of houses

and other assets attached to the land for agricultural and forestry companies

_____________________

 

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, reforming, developing, and enhancing the efficiency of operations of agricultural and forestry companies;

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

On the basis of Decision No. 44/2014/NĐ-CP dated May 15, 2014, of the Government on land prices;

Pursuant to Decree No. 46/2014/NĐ-CP dated May 15, 2014 of the Government on land rental fees and water surface rental fees;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by 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 Land Administration General Department, the Head of the Legal Department, the Head of the Planning Department,

The Minister of Natural Resources and Environment issues this Circular regulating the preparation of land use plans; establishment of land boundary files; surveying, preparing cadastral maps; determining land rental prices; allocating land, leasing land and issuing Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to the Land (hereinafter referred to as Certificate) for agricultural and forestry companies.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the preparation of land use plans; establishment of land boundary files; surveying, preparing cadastral maps; determining land rental prices; allocating land, leasing land and issuing Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to the Land (hereinafter referred to as Certificate) for companies implementing restructuring, reforming organizational structures, management mechanisms, and policies in accordance with Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, reforming, developing, and enhancing the efficiency of operations of agricultural and forestry companies (hereinafter referred to as agricultural and forestry companies).

Article 2. Applicability

1. State management agencies; specialized agencies on natural resources and environment, housing and construction works, agriculture and rural development, finance at all levels and other related agencies; land officials at communes, wards, towns.

2. Agricultural and forestry companies, land users, entities managing land on behalf of the State, and other organizations and individuals related to the restructuring, reforming, and developing, enhancing the efficiency of operations of agricultural and forestry companies.

Chapter II

PREPARATION, REVIEW, APPROVAL OF LAND USE PLANS; DETERMINATION OF LAND RENTAL PRICES; ALLOCATION OF LAND, LEASING OF LAND AND ISSUANCE OF CERTIFICATES FOR AGRICULTURAL AND FORESTRY COMPANIES

Article 3. Basis for constructing land use plans

1. The plan for restructuring, reforming, and developing agricultural and forestry companies approved by competent state authorities.

2. Local land use planning approved by competent state authorities.

3. Current status of land use by agricultural and forestry companies.

Article 4. Procedure for preparing land use plans

1. Collecting information and documents; conducting field surveys; evaluating the current status of land management and use by agricultural and forestry companies.

2. Preparing land use plans.

3. Reviewing and approving land use plans.

Article 5. Collection of information and documents; field surveys; evaluation of the current status of land management and use by agricultural and forestry companies

1. Collecting information and documents related to the plan for restructuring, reforming, and developing; local land use planning, sectoral and field planning at the locality level, and the current status of land use by agricultural and forestry companies.

2. Conducting field surveys to review the current status of land use, clarify the location and boundaries of land management and use, collect additional information, and revise documents.

3. Studying and analyzing the content of local land use planning affecting the land use plan of agricultural and forestry companies; the plan for restructuring, reforming, and developing, enhancing operational efficiency; the current status of land use by agricultural and forestry companies as a basis for preparing the land use plan.

Article 6. Establishing the Land Utilization Plan

1. Determine the total area and boundaries of land currently managed and used by agricultural and forestry companies.

2. Determine the area and boundaries of land that agricultural and forestry companies propose to retain, including clarifying:

a) The land use structure according to groups of land ensuring the objectives of the company reorganization and modernization plan which has been approved;

b) The location, boundaries, area, and duration of use for the land area to be transferred by the State without payment of land use fees or leased.

3. Determine the location, boundaries, and area of land to be handed over to localities according to each type of land.

4. Summarize each type of land determined under Clause 1, 2, and 3 of this Article according to administrative units such as communes, wards, and towns.

5. Prepare a land utilization plan map for agricultural and forestry companies based on the cadastral map or current land use status map.

6. Complete the land utilization plan based on the results of cadastral survey mapping or the results of cadastral map rectification.

7. Determine organizational measures to implement the land utilization plan.

Article 7. Review and Approve the Land Utilization Plan

a) A request for approval of the land utilization plan;

b) An explanatory report summarizing the land utilization plan and accompanying tables, prepared according to the model specified in Appendix No. 01 attached to this Circular;

c) The land utilization plan map of agricultural and forestry companies.

2. The Department of Natural Resources and Environment shall take the lead and coordinate with the Department of Agriculture and Rural Development and other relevant departments, municipal people's committees at district level, city-level people's committees directly under provincial administration (hereinafter referred to as district-level people's committees) to organize the review of the land utilization plan of agricultural and forestry companies as follows:

a) Within five days from the date of receipt of complete and valid dossiers, the Department of Natural Resources and Environment shall send the land utilization plan dossier of agricultural and forestry companies to relevant departments, people's committees at district level to solicit opinions;

b) Within ten days from the date of receipt of complete and valid dossiers, the agencies solicited for opinions shall submit their written opinions to the Department of Natural Resources and Environment;

c) Within five days from the end of the opinion solicitation period, the Department of Natural Resources and Environment shall organize a meeting to review the land utilization plan of agricultural and forestry companies; notify the results of the review of the land utilization plan of agricultural and forestry companies to the companies to perfect the dossier.

1. During the time when agricultural and forestry companies establish the land utilization plan, the provincial people's committee (hereinafter referred to as provincial people's committee) shall direct the Department of Natural Resources and Environment to take the lead and coordinate with relevant departments to establish the land utilization plan for the land fund of agricultural and forestry companies planned to be transferred to localities.

2. Immediately after the land utilization plan of agricultural and forestry companies is approved by the provincial people's committee, the Department of Natural Resources and Environment shall complete the land fund utilization plan to be transferred to localities, and submit it to the provincial people's committee for approval.

Article 9. Determining land price as the basis for determining unit rental prices for land used for agricultural and forestry production purposes

1. The determination of land price to serve as the basis for determining unit rental prices for land used for agricultural and forestry production purposes by agricultural and forestry companies shall be carried out in accordance with the provisions of Articles 15, 16, 17, and 18 of Decree No. 44/2014/NĐ-CP dated May 15, 2014 of the Government on land prices; and Articles 29, 30, 31, 32, 34, and 35 of Circular No. 36/2014/TT-BTNMT dated June 30, 2014 of the Minister of Natural Resources and Environment detailing the methods for valuing land; establishing and adjusting land price lists; specific land valuation; and consulting on land price determination.

2. In cases where land is used for agricultural and forestry production purposes, the method of adjusting land price coefficients issued annually by the People's Committee of the province shall be applied to determine the land price as the basis for determining unit rental prices for land:

a) Using land in remote areas, mountainous regions, islands, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions;

b) Using contiguous plots of land with the same purpose, profit potential, and similar income from land use.

Based on the approved land use plan, the Department of Natural Resources and Environment shall submit to the People's Committee of the province for decision on allocating land, leasing land, and issuing the Land Use Right Certificate for agricultural and forestry companies in accordance with regulations.

Chapter III

ESTABLISHING BOUNDARY DOCUMENTS FOR LAND USE AND SURVEYING, DRAWING URBAN PLANS FOR LAND OF AGRICULTURAL AND FORESTRY COMPANIES

Article 11. Determination of boundaries, setting boundary markers for land use of agricultural and forestry companies

1. The boundaries of land use (hereinafter referred to as boundaries) of agricultural and forestry companies shall be determined based on the results of restructuring, modernization, development, and improving the efficiency of operations of agricultural and forestry companies according to Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, modernization, development, and improving the operational efficiency of agricultural and forestry companies.

2. Before determining the boundaries, preliminary designs of boundary lines, positions, and serial numbers of boundary markers must be drawn on the base map. The base map must fully reflect topographical and geographical features that are significant for orientation, compiled from existing mapping materials, and include the draft land use plan already reviewed by the Department of Natural Resources and Environment, including cadastral maps, basic cadastral maps, and the largest scale topographic maps available in the area.

3. Participants involved in determining boundaries and setting boundary markers for agricultural and forestry companies on-site include:

a) Representative of the Department of Natural Resources and Environment (in charge);

b) Representative of the District Office of Natural Resources and Environment;

c) Representative of the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune);

d) Representative of the agricultural and forestry company;

đ) Representative of the construction unit;

e) Relevant land users.

4. Preparing the Description of Boundaries and Boundary Markers

a) The Description of Boundaries and Boundary Markers between agricultural and forestry companies and adjacent land users shall be prepared according to the model specified in Appendix No. 02 attached to this Circular for all adjacent land users, except in cases provided for in Point b Clause 4 of this Article;

b) For agricultural and forestry companies with areas related to boundaries that have been mapped previously and whose current boundaries have not changed, there is no encroachment, and there are no disputes compared to the time of mapping, or when there is a clear written agreement between the agricultural and forestry company and adjacent land users regarding the boundaries, it is not necessary to prepare the Description of Boundaries and Boundary Markers, but it must be clearly described in the Confirmation of Land Use Boundaries as stipulated in Clause 5 of this Article;

c) The Description of Boundaries and Boundary Markers between agricultural and forestry companies and adjacent land users shall be prepared separately for each individual or multiple adjacent land users during the process of determining boundaries on-site;

d) The description of boundaries and boundary markers must be detailed, clear, continuous, ensuring consistency between the field and the map. Temporary geographical features on the ground should not be described;

đ) For areas with disputes that cannot be resolved on-site, the construction unit shall record the current boundaries being used and the disputed boundary areas; prepare a report for each specific case, compile and report to the People's Committee of the province for resolution within its authority.

5. Preparing the Confirmation of Land Use Boundaries

a) The Confirmation of Land Use Boundaries shall be prepared for the entire boundary of the agricultural and forestry company according to the model specified in Appendix No. 03 attached to this Circular;

b) The schematic diagram of the boundary in the Confirmation of Land Use Boundaries shall be compiled from the schematic diagrams of parcel boundaries.

6. Setting Boundary Markers for Agricultural and Forestry Companies

a) Boundary markers of agricultural and forestry companies shall be set at prominent locations including: locations in areas where the boundary lines are difficult to identify on-site due to a lack of distinctive topographical and geographical features such as inverted mountainous areas or flat coastal lands; locations where the boundary lines change direction; and places adjacent to residential areas with a risk of encroachment, occupation, and dispute. Boundary markers shall not be set in disputed areas that have not yet been resolved.

b) The number and density of boundary markers shall be determined appropriately based on the complexity and scale of the enclosed land area on-site, but the average distance between two adjacent markers along the boundary line shall not be less than 700 meters on-site for forestry land, and not less than 300 meters on-site for remaining agricultural land and non-agricultural land.

c) Boundary markers shall be set on the boundary line. In cases where it is not possible to set boundary markers on the boundary line, they shall be placed at a convenient, stable location closest to the boundary line, and must clearly describe the distance from the marker to the boundary line and the direction starting from the marker perpendicular to the boundary line in the boundary marker position diagram. The boundary marker position diagram shall be prepared according to the model prescribed in Appendix No. 04 attached hereto.

d) Boundary markers shall be made of concrete with a strength class of 200 or higher, reinforced with steel bars, with a stainless steel nail or ceramic plug fixed at the center of the marker, and a cross (+) engraved on top of the nail or ceramic plug. The marker number, name, and specifications shall be carried out according to the provisions in Appendix No. 05 attached hereto.

đ) Boundary markers shall be buried firmly into the ground to ensure long-term existence, easy identification, ease of use, and management. Markers must be buried vertically and securely, with the part above ground being 30 centimeters high, and the face with the number facing outward towards the boundary line.

e) After burying the boundary markers, a boundary marker position diagram must be established. Each marker position must be determined in relation to distance, direction, angle, and descriptions for locating with a minimum of three reference points on-site to facilitate searching and use; in cases of difficulty in selecting three reference points, a minimum of two reference points must be selected. Reference points must be easily recognizable geographical features that can exist long-term on-site such as power poles, distinctive corners of construction works, etc. The distance from the marker to the reference point must be measured accurately to within one meter; the direction and angle from the marker to the reference point must be determined accurately to within one degree. These elements must be measured directly on-site.

g) In addition to the positions of distinctive points on the boundary line where markers are buried, other geographical features and terrain elements on the section between two markers that have a stable and long-lasting nature must be detailed in the Boundary Description. At locations on the boundary line between adjacent markers where there are no stable geographical features or distinctive terrain characteristics, the boundary line must be marked with paint, stakes, or buried stones to serve the purpose of measuring the boundary line.

Article 12. Establishment of boundary records for agricultural and forestry companies

1. Boundary records shall be established separately for each agricultural and forestry company within the scope of a provincial administrative unit (hereinafter referred to as a provincial-level administrative unit). In cases where an agricultural and forestry company has multiple plots of land, the land use boundary record shall be established for each plot of land, compiled separately for each agricultural and forestry company within the scope of a provincial-level administrative unit.

2. The boundary records for agricultural and forestry companies include:

a) Boundary map, including cadastral maps containing the land use boundary of the agricultural and forestry company. On cadastral maps containing the boundary of the agricultural and forestry company, topographical and geographical features with directional significance (features on the base map established according to Clause 2, Article 11 of this Circular) shall be supplemented; among which, the boundary of the agricultural and forestry company, in addition to being displayed as a parcel boundary, shall also be outlined in pink, 3.0 millimeters wide, outside the boundary line;

b) Table of coordinates of boundary markers and distinctive points, prepared according to the model prescribed in Appendix No. 06 attached hereto;

c) Diagram of boundary marker positions;

d) Description of boundaries and markers of land parcels;

đ) Confirmation document of land use boundary;

e) Minutes of unresolved disputes;

g) Table of land area of the agricultural and forestry company, prepared according to the model prescribed in Appendix No. 07 attached hereto;

h) Report on the results of establishing land use plans; compiling land use boundary records; surveying and preparing cadastral maps; allocating land, leasing land, and issuing Land Use Right Certificates for agricultural and forestry companies.

Article 13. Surveying to determine land use boundaries and creating cadastral maps

1. The surveying to determine land use boundaries shall be carried out in accordance with the following provisions:

a) The surveying to determine boundaries includes: determining the coordinates of boundary markers, characteristic points, and other detailed points on the boundary lines of agricultural and forestry companies;

b) For areas that already have cadastral maps meeting the requirements stipulated in this Circular, the boundary lines shall be compiled from the existing cadastral maps; the coordinates of boundary markers shall be determined according to the provisions of this Circular;

c) For areas that already have cadastral maps but have changes in land use boundaries or do not meet the accuracy requirements stipulated in this Circular, resurveying and amending the parcels in the affected areas shall be conducted;

d) The determination of survey methods and accuracy requirements for boundary markers shall be carried out according to the requirements for control points specified in Circular No. 25/2014/TT-BTNMT dated May 19, 2014, issued by the Minister of Natural Resources and Environment regarding cadastral maps (hereinafter referred to as Circular No. 25/2014/TT-BTNMT);

đ) The determination of survey methods and accuracy requirements for locating characteristic points and other detailed points without boundary markers on the boundary lines shall be carried out according to the requirements for detailed points specified in Circular No. 25/2014/TT-BTNMT.

3. The surveying and creation of cadastral maps for agricultural and forestry companies shall be carried out in accordance with the following provisions:

a) The surveying and creation of cadastral maps shall be conducted up to parcels with the same land use purpose (land type) as stipulated in Appendix No. 08 attached to this Circular and the land type according to the land use plan. For forest land areas, if there are documents showing the boundaries of plots, compartments, and subzones, these boundaries must be transferred onto the cadastral map.

b) The determination of the scale for drawing cadastral maps shall be based on the parcel density and land type as stipulated in Circular No. 25/2014/TT-BTNMT. The basic scale for drawing cadastral maps is 1/10,000 for forest land areas, 1/5,000 for remaining agricultural land and non-agricultural land. In cases where a larger scale is required, it must be clearly explained in the technical design - budget estimate.

c) Other provisions concerning surveying, creating, and amending cadastral maps of agricultural and forestry companies shall be implemented according to the regulations on cadastral maps stipulated in Circular No. 25/2014/TT-BTNMT, but shall not create Boundary Description Documents, Marker Boundary Documents, and Parcel Status Survey Result Forms for internal parcels within agricultural and forestry companies when new cadastral maps are created or amended.

Chapter IV

IMPLEMENTATION

Article 14. Preparing Technical Design - Budget Estimate for tasks of establishing boundary records; surveying, creating cadastral maps, and issuing Certificates of Conformity for agricultural and forestry companies

1. When implementing tasks of establishing boundary records; surveying, creating cadastral maps, and issuing Certificates of Conformity for agricultural and forestry companies, a technical design - budget estimate must be organized, reviewed, and approved in accordance with this Circular and other regulations of the Ministry of Natural Resources and Environment on project and construction management in the field of surveying and land management.

2. A technical design - budget estimate may be prepared for some or all agricultural and forestry companies within the administrative province.

3. Before preparing a technical design - budget estimate, a survey must be organized to collect, analyze, and evaluate relevant materials and documents related to agricultural and forestry companies, and a Survey Report must be prepared based on the results of the survey, collection, analysis, and evaluation of these materials and documents.

4. Before approving a technical design - budget estimate, opinions of the Land Management General Department must be sought. After the technical design - budget estimate has been approved by the competent authority, it must be submitted to the Land Management General Department along with the Approval Decision for monitoring implementation and supervision.

5. The structure and content of the technical design - budget estimate shall follow the model prescribed in Appendix No. 09 attached to this Circular and the provisions of Clauses 1, 2, 3, and 4 of Article 21 of Circular No. 25/2014/TT-BTNMT.

Article 15. Report on the results of formulating land use plans; preparing boundary files; surveying and mapping cadastral maps; transferring land, leasing land, and issuing Land Certificates for agricultural and forestry companies

1. After completing the formulation of land use plans; preparation of boundary files; surveying and mapping cadastral maps; transferring land, leasing land, and issuing Land Certificates for agricultural and forestry companies, the People's Committee of the province shall be responsible for inspecting, summarizing the implementation results for agricultural and forestry companies currently using land within its jurisdiction and compiling a Report on the Implementation Results. The main contents of the Report include:

a) A preliminary assessment of the current status of land use and changes in land use of agricultural and forestry companies before the restructuring, reform, and improvement of operational efficiency;

b) The results of formulating land use plans; preparing boundary files; surveying and mapping cadastral maps; transferring land, leasing land, and issuing Land Certificates for agricultural and forestry companies after restructuring, reform, development, and improvement of operational efficiency;

c) An assessment of changes in land use of agricultural and forestry companies after restructuring, reform, development, and improvement of operational efficiency;

d) Advantages, difficulties, existing issues, and obstacles encountered during the implementation process and measures to address these issues (if any);

đ) Recommendations and proposals.

2. The Report on the results of formulating land use plans; preparing boundary files; surveying and mapping cadastral maps; transferring land, leasing land, and issuing Land Certificates for agricultural and forestry companies must be submitted to the General Department of Land Management, Ministry of Natural Resources and Environment, both in paper and digital formats for consolidation.

Article 16. Economic and technical norms for the work of formulating land use plans; preparing boundary files; surveying and mapping cadastral maps; determining land rental prices; transferring land, leasing land, and issuing Land Certificates

1. Economic and technical norms for preparing boundary files for agricultural and forestry companies shall apply the content norms equivalent to determining administrative boundary lines, setting boundary markers, and preparing administrative boundary files at the commune level as stipulated in the Economic and Technical Norms for Determining Administrative Boundary Lines, Setting Boundary Markers, and Preparing Administrative Boundary Files at Various Levels issued together with Circular No. 49/2014/TT-BTNMT dated August 22, 2014 of the Minister of Natural Resources and Environment as follows:

a) Preparation work, including: Collecting, studying, analyzing, evaluating documents, and preparing human resources, materials, and equipment applying the norm "Preparation Work" with an application coefficient of 1;

b) Determining boundaries, positions of boundary markers, and distinctive points including: Determining boundary lines on-site; determining the positions of boundary markers and distinctive points of boundary lines on-site, and preparing the Description of Boundaries and Boundary Markers of Land Lots applying the norm "Determining Administrative Boundary Lines, Positions of Boundary Markers, and Distinctive Points; Preparing Original Administrative Boundary Maps on-site" with an application coefficient: labor norm 2, tool norm 1, equipment norm 1, material norm 1;

c) Setting boundary markers including: Casting markers; burying markers; drawing diagrams of marker positions; contact points; measuring coordinates of markers and distinctive points applying the norm "Setting Administrative Boundary Markers" with an application coefficient of 0.7;

d) Preparing the Confirmation of Land Use Boundaries including: Selecting topographic features and elements to describe; generally describing the land use boundaries based on the Descriptions of Boundaries and Boundary Markers of Land Lots; preparing the Confirmation of Land Use Boundaries applying the norm "Preparing Descriptions of Administrative Boundary Lines at Various Levels" with an application coefficient of 1;

đ) Preparing boundary maps and completing boundary files including: Determining cadastral map sheets with boundary lines; completing boundary lines on cadastral map sheets according to regulations; establishing legal status, preparing boundary files according to regulations; making copies, packaging applying the norm "Preparing Administrative Boundary Files at Various Levels" with an application coefficient of 0.8.

2. Economic and technical norms for surveying and mapping cadastral maps and issuing Land Certificates for agricultural and forestry companies shall apply the Economic and Technical Norms for Surveying and Mapping Cadastral Maps, Registering Land and Attached Assets, Preparing Cadastral Files, and Issuing Land Use Right Certificates, House Ownership Certificates, and Certificates for Other Attached Assets issued together with Circular No. 50/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment. Specifically, the work of preparing cadastral maps for agricultural and forestry companies does not include the norm for preparing the Results of Current Status Surveys of Land Lots (Current Status Survey Result Forms).

3. Other works shall be carried out in accordance with current regulations.

Article 17. Packaging and submission of products

1. Prior to submission, the product must be inspected by the organization responsible for product acceptance as prescribed by the Ministry of Natural Resources and Environment, confirmed with all required forms as prescribed, and packaged into individual boxes, pairs, bags, or sets with notes and indexes for reference.

2. The boundary files of agricultural and forestry companies shall be established in five (05) copies in both paper and digital formats and submitted and retained at the following locations:

a) Department of Natural Resources and Environment: one (01) copy;

b) Land Administration General Department - Ministry of Natural Resources and Environment: one (01) copy;

c) District Natural Resources and Environment Office: one (01) copy;

d) People's Committee of the commune: one (01) copy;

e) Agricultural and Forestry Company: one (01) copy.

3. Surveying and mapping products for land registration and submission shall comply with the provisions set forth in Circular No. 25/2014/TT-BTNMT.

4. The handover record of boundary positions, boundary markers, and boundary files of agricultural and forestry companies between the Department of Natural Resources and Environment and the construction unit with the District Natural Resources and Environment Office, People's Committee of the commune, and agricultural and forestry company shall be prepared according to the model specified in Appendix No. 10 attached to this Circular. The handover record of land boundary files between the Department of Natural Resources and Environment and the Land Administration General Department shall be prepared according to the model specified in Appendix No. 11 attached to this Circular.

5. Confirmation of completed volume and final settlement for establishing boundary files; surveying and mapping, and issuing Certificates of Conformity for agricultural and forestry companies can only be carried out after the files have been submitted and confirmed by relevant agencies as stipulated in Clause 2 of this Article and Point 2.4 of Clause 2 of Article 23 of Circular No. 25/2014/TT-BTNMT.

Article 18. Transitional Provisions

1. For agricultural and forestry companies that have established land use plans before the effective date of this Circular, which are consistent with the provisions of this Circular, there is no need to re-establish the land use plan.

2. For agricultural and forestry companies that have completed the establishment of boundary files; surveying and mapping, land allocation, land leasing, and issuance of Certificates of Conformity before the effective date of this Circular, which are consistent with the provisions of this Circular, there is no need to re-perform these tasks.

Article 19. Responsibility for implementation organization

1. Ministries, ministerial-level agencies, and government agencies shall be responsible for directing the implementation of this Circular in accordance with their functions and responsibilities.

2. The Land Administration General Department shall be responsible for organizing, guiding, and inspecting the implementation of this Circular.

3. Provincial People's Committees shall be responsible for:

a) Direct the implementation of this Circular;

b) Allocate funds for the establishment of boundary files; surveying and mapping, land allocation, land leasing, and issuance of Certificates of Conformity for agricultural and forestry companies;

c) Seek opinions from the Land Administration General Department before approving technical design estimates for the establishment of land boundary files; surveying and mapping, and issuance of certificates for agricultural and forestry companies;

d) Report on the management and use of land by agricultural and forestry companies to the Land Administration General Department, Ministry of Natural Resources and Environment, before October 1st each year.

Article 20. Effective Date

This Circular takes effect from April 15, 2015.

During the process of implementation, if difficulties arise, relevant agencies, organizations, and individuals should report to the Ministry of Natural Resources and Environment for consideration and resolution./.