Joint Circular No. 08/2008/TTLT-BQP-BTNMT guides the implementation of certain provisions of the Government's Decree No. 148/2006/NĐ-CP dated December 4, 2006, on planning, construction, management, and protection of Safety Zones around ammunition and explosive material storage facilities, and ammunition and explosive material production plants managed by the Ministry of National Defense.

JOINT CIRCULAR

Guidelines for implementing certain provisions of Decree No. 148/2006/NĐ-CP

dated December 4, 2006 of the Government on planning, construction, management, and protection of safety zones around ammunition and explosives storage facilities; ammunition and explosives production plants managed by the Ministry of National DefenseArticle 12. Disbursement of financial support from the state budget

Pursuant to the Land Law 2003;

Pursuant to Decree No. 148/2006/NĐ-CP dated December 4, 2006 of the Government on planning, construction, management, and protection of safety zones around ammunition and explosives storage facilities managed by the Ministry of National Defense;

The Ministry of National Defense and the Ministry of Natural Resources and Environment provide guidelines for implementing certain provisions of Decree No. 148/2006/NĐ-CP dated December 4, 2006 of the Government on planning, construction, management, and protection of safety zones around ammunition and explosives storage facilities; ammunition and explosives production plants managed by the Ministry of National Defense (hereinafter referred to as Decree No. 148/2006/NĐ-CP) as follows:

I - SCOPE OF REGULATION AND APPLICABLE SUBJECTS

This Circular guides the determination of boundaries, setting boundary markers, management, and use of land within the safety zones around ammunition storage facilities; ammunition production plants (hereinafter collectively referred to as ammunition storage facilities) managed by the Ministry of National Defense that have been approved by competent authorities.

a) People's Committees at all levels, natural resources and environment agencies, cadres of the land administration at communes, wards, towns;

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b) Agencies and units under the Ministry of National Defense;

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c) Organizations and individuals engaged in activities or residing within the scope of the safety zones around ammunition storage facilities.

II - DETERMINATION OF SAFETY ZONES AND MARKERS INDICATING THE BOUNDARIES OF SAFETY ZONES AROUND AMMUNITION STORAGE FACILITIES

1. Determination of Safety Zones Around Ammunition Storage Facilities

The safety zone around ammunition storage facilities includes the following elements: Basic line, inner limit of the safety zone, outer limit of the safety zone, Prohibited Area, Conditional Land Use Area.

1.1. Basic Line:

The basic line specified in this Circular is a closed line connecting the outer points or edges of the outermost ammunition storage facility buildings in the ammunition storage area (existing and newly planned construction projects already approved by competent authorities). The basic line serves as a marker to determine the inner limit of the safety zone around ammunition storage facilities.

1.2. Inner Limit of the Safety Zone Around Ammunition Storage Facilities:

a) If the enclosed fence (wall) surrounding the ammunition storage area is within fifty-five (55) meters from the basic line, then the inner limit of the safety zone around ammunition storage facilities is the enclosed fence (wall) surrounding the ammunition storage area;

b) If the enclosed fence (wall) surrounding the ammunition storage area is more than fifty-five (55) meters from the basic line, then the inner limit of the safety zone around ammunition storage facilities is inside the enclosed fence (wall) surrounding the ammunition storage area and is fifty-five (55) meters from the basic line.

In cases where there are multiple enclosed fences (walls) surrounding the ammunition storage area, the innermost enclosed fence (wall) closest to the ammunition storage facility building shall be used to determine the inner limit of the safety zone around ammunition storage facilities according to paragraphs a and b of this point;

c) For district, county, town, provincial city-level and equivalent ammunition storage facilities, the inner limit of the safety zone around ammunition storage facilities coincides with the basic line.

1.3. Outer Limit of the Safety Zone Around Ammunition Storage Facilities:

The outer limit of the safety zone around ammunition storage facilities is a distance equal to the radius of the safety zone around ammunition storage facilities from the inner limit of the safety zone around ammunition storage facilities.

In cases where the farthest point of the radius of the safety zone around ammunition storage facilities lies within the outer enclosed fence (wall) surrounding the ammunition storage area, the outer limit of the safety zone around ammunition storage facilities is the existing outer enclosed fence (wall) surrounding the ammunition storage facilities.

1.4. Prohibited Area and Conditional Land Use Area within the Safety Zone Around Ammunition Storage Facilities:

a) Prohibited Area: is the range from the inner limit of the safety zone around ammunition storage facilities to the outer limit of the Prohibited Area; wherein:

The outer limit of the Prohibited Area is fifty (50) meters from the inner limit of the safety zone around ammunition storage facilities for ammunition storage facilities at division, brigade, provincial level and above, ammunition and explosives production plants; twenty-five (25) meters for regiment-level and equivalent ammunition storage facilities; five (05) meters for district-level and equivalent ammunition storage facilities.

In cases where the outer enclosed fence (wall) surrounding the ammunition storage area is at a distance equal to or greater than the aforementioned regulations from the inner limit of the safety zone around ammunition storage facilities, the outer limit of the Prohibited Area is the existing outer enclosed fence (wall) surrounding the ammunition storage facilities;

b) Conditional Land Use Area: is the range from the outer limit of the Prohibited Area to the outer limit of the safety zone around ammunition storage facilities.

(Annex schematic diagram of the safety zone around ammunition storage facilities attached to this Circular)

2. Markers Indicating the Boundaries of the Safety Zone Around Ammunition Storage Facilities

2.1. Markers indicating the boundaries of the safety zone around ammunition storage facilities include:

a) Markers indicating the outer limit of the Prohibited Area;

b) Markers indicating the outer limit of the safety zone around ammunition storage facilities.

In cases where the outer limit of the Prohibited Area coincides with the outer limit of the safety zone around ammunition storage facilities, the marker indicating the outer limit of the Prohibited Area shall be used to indicate.

2.2. Specifications of markers, content of warning text engraved on markers, distance between adjacent markers:

a) Specifications of markers:

The markers are made of reinforced concrete, measuring 100 cm in length, with a cross-section of (20 x 20) cm, buried 60 cm deep into the ground and surrounded by compacted concrete.

a) Specifications for boundary markers:

Boundary markers shall be made of reinforced concrete, measuring 100cm in length, with a cross-section of (20 x 20)cm, buried 60cm deep into the ground and surrounded by compacted concrete.

The above-ground portion of the boundary marker indicating the outer limit of the Prohibited Zone shall be painted red, while the above-ground portion of the boundary marker indicating the outer limit of the Safe Zone around ammunition storage facilities shall be painted yellow.

At the top of the marker, an arrow pointing perpendicular to the face with the warning text shall be engraved, with the direction of the arrow pointing towards the opposite side from the face with the warning text.

b) Content of the warning text engraved on the marker:

The above-ground portion of the marker indicating the outer limit of the Prohibited Zone shall engrave the warning text "PROHIBITED ZONE" on one face of the marker, the warning text shall be white, with font size (height 30mm, width 20mm, stroke width 5mm), and font style VNARIALH.ZONE PROHIBITED" on one side of the marker, the warning sign shall be painted white, with letter size (height 30mm, width 20mm, stroke width 05mm), using the VNARIALH font style.

The above-ground portion of the marker indicating the outer limit of the Safe Zone around ammunition storage facilities shall engrave the warning text "SAFE ZONE" on one face of the marker, the color, size, and font style of the warning text shall be identical to that of the warning text engraved on the marker indicating the outer limit of the Prohibited Zone.RING AT" on one side of the marker, the color, size, and font style of the warning sign shall be identical to the warning sign engraved on the marker indicating the outer limit of the Prohibited Zone.

When burying the marker, the warning text must face outward from the ammunition storage facility area.

c) Distance between adjacent markers:

The distance between adjacent markers is fifty (50) meters for the outer limit of the Prohibited Zone, and one hundred (100) meters for the outer limit of the Safe Zone around ammunition storage facilities.

III - PROCEDURE AND FORMALITIES FOR EXTRACTING THE LAND REGISTRY MAP OR CONDUCTING A LAND SURVEY (WHERE THERE IS NO LAND REGISTRY MAP) OF THE SAFE ZONE AROUND AMMUNITION STORAGE FACILITIES AND INSTALLING BOUNDARY MARKERS FOR THE SAFE ZONE AROUND AMMUNITION STORAGE FACILITIES

1. Procedure and formalities for extracting the land registry map or conducting a land survey (where there is no land registry map) of the Safe Zone around ammunition storage facilities

1.1. Based on the Safe Zone of each type of ammunition storage facility approved by the Prime Minister. The commanders of the agencies and units directly under the Ministry of National Defense shall take the lead and coordinate with the People's Committee of the province to determine in writing the Safe Zone of each ammunition storage facility under their management (including: determining the inner limit, outer limit, Prohibited Zone, and Conditional Land Use Area).

1.2. The unit directly managing the ammunition storage facility shall submit a set of application documents for extracting the land registry map or conducting a land survey (where there is no land registry map) of the Safe Zone around the ammunition storage facility at the Land Registration Office under the Department of Natural Resources and Environment where the ammunition storage facility is located; the documents include:

a) Application document for extracting the land registry map or conducting a land survey (where there is no land registry map) of the Safe Zone around the ammunition storage facility;

b) Document determining the Safe Zone around the ammunition storage facility as stipulated in point 1.1 of this clause.

1.3. Within no more than ten (10) working days from the date of receiving complete and valid documents, the Land Registration Office shall complete the extraction of the land registry map of the Safe Zone around the ammunition storage facility and send the results to the Department of Natural Resources and Environment.

In cases where the Safe Zone around the ammunition storage facility does not have a land registry map, within no more than twenty (20) working days from the date of receiving complete and valid documents, the Land Registration Office shall take the lead and coordinate with the unit directly managing the ammunition storage facility to conduct a land survey of the Safe Zone around the ammunition storage facility (the survey area includes the area outside the perimeter fence surrounding the ammunition storage facility; for the area inside the perimeter fence surrounding the ammunition storage facility, the survey shall measure the boundary) and send the results to the Department of Natural Resources and Environment.

1.4. Within no more than three (03) working days from the date of receiving the results of the land registry map extraction or land survey (where there is no land registry map) transferred by the Land Registration Office, the Department of Natural Resources and Environment shall cooperate with the unit directly managing the ammunition storage facility to check, confirm, and make copies of the results into two (02) sets; transfer one (01) set to the Land Registration Office and one (01) set to the unit directly managing the ammunition storage facility.

2. Procedure and formalities for installing boundary markers for the Safe Zone around ammunition storage facilities

2.1. The unit directly managing the ammunition storage facility shall submit to the Department of Natural Resources and Environment where the ammunition storage facility is located an application for installing boundary markers for the Safe Zone around the ammunition storage facility (two sets); the documents include:

a) Plan for installing boundary markers for the Safe Zone around the ammunition storage facility (prepared by the unit directly managing the ammunition storage facility in coordination with the People's Committee of the district and the People's Committee of the commune where the ammunition storage facility is located);

b) Application for installing boundary markers for the Safe Zone around the ammunition storage facility submitted by the unit directly managing the ammunition storage facility;

c) Certificate of land use rights;

d) Document determining the Safe Zone around the ammunition storage facility as stipulated in point 1.1 of Clause 1 of this Section;

đ) Extracted land registry map or land survey (where there is no land registry map) of the Safe Zone around the ammunition storage facility.

2.2. The installation of boundary markers for the Safe Zone around the ammunition storage facility shall be carried out as follows:

a) Within no more than ten (10) working days from the date of receiving complete and valid documents, the Department of Natural Resources and Environment shall be responsible for reviewing the documents and submitting them to the People's Committee of the province for a decision to allow the installation of boundary markers for the Safe Zone around the ammunition storage facility;

b) Within no more than five (05) working days from the date the Department of Natural Resources and Environment submits the documents, the Chairman of the People's Committee of the province shall sign the decision allowing the installation of boundary markers for the Safe Zone around the ammunition storage facility;

c) Within no more than thirty (30) working days from the date of the decision by the People's Committee of the province allowing the installation of boundary markers for the Safe Zone around the ammunition storage facility, the unit directly managing the ammunition storage facility shall be responsible for leading and coordinating with the People's Committee of the district and the People's Committee of the commune where the Safe Zone around the ammunition storage facility is located to organize the installation of boundary markers and hand over the installed markers to the People's Committee of the commune for management.

IV. - MANAGEMENT AND USE OF LAND IN THE SAFE ZONE AROUND AMMUNITION STORAGE FACILITIES

1. Use of land in the Prohibited Zone within the Safe Zone around ammunition storage facilities

1.1. Land in the Prohibited Zone within the Safe Zone around ammunition storage facilities is land used for national defense purposes managed by the Ministry of National Defense.

1.2. Permitted construction projects in the ammunition storage facility: fence, perimeter fence, patrol road, combat fortification system, watchtowers, guard posts, drainage system, fire-fighting water supply system, blast wave barrier.

1.3. Unpermitted construction projects: all construction projects except those permitted in the ammunition storage facility as specified in point 1.2 of this clause.

2. Land use within the Conditional Land Use Zone within the Safe Zone around ammunition depots

2.1. Permitted construction projects:

a) Projects directly serving the operation of ammunition depots;

b) Irrigation works including canals, ditches, water reservoirs under the management of district-level authorities or lower;

c) Fire prevention, explosion protection, rescue, and emergency response facilities;

d) Within the range from the boundary of the Safe Zone around ammunition depots to fifty (50) meters for ammunition depots at division, brigade, provincial level and equivalent, ammunition production plants, explosive materials; twenty-five (25) meters for regiment-level ammunition depots and equivalent; five (05) meters for county-level ammunition depots and equivalent, only crops that are difficult to ignite such as rice, potatoes, beans, peanuts, and other crops that are difficult to ignite may be planted;

đ) Within the range from five hundred (500) meters from the inner boundary of the Safe Zone around ammunition depots to the outer boundary of the Safe Zone around ammunition depots, high-voltage power lines below 110 KV may be constructed underground;

2.2. Prohibited construction projects:

a) Residential buildings and economic, social infrastructure projects;

b) Mineral resource exploration and exploitation;

c) Anchoring of transportation vessels;

d) Tourist attractions and recreational facilities.

3. Management of land within the Safe Zone around ammunition depots

3.1. The contents of managing land within the Safe Zone around ammunition depots include:

a) Establishing and managing files of land areas within the Safe Zone around ammunition depots;

b) Inspecting and supervising the management and use of land within the Safe Zone around ammunition depots, promptly identifying and handling violations of land use planning within the Safe Zone around ammunition depots.

3.2. Files of land areas within the Safe Zone around ammunition depots shall be kept at the direct management unit of the ammunition depot and the Department of Natural Resources and Environment, People's Committee of the commune where the Safe Zone around ammunition depots is located, as stipulated; the file includes:

a) Certificate of land use rights;

b) Documents determining the Safe Zone around ammunition depots as specified in Point 1.1 Clause 1 Section III of this Circular;

c) Extracts from cadastral maps or cadastral surveys (in areas without cadastral maps) of the Safe Zone around ammunition depots;

d) Decision on setting boundary markers for the Safe Zone around ammunition depots;

đ) Diagram of boundary markers already set.

3.3. When there is a change in the status of the ammunition depot that alters the Safe Zone around ammunition depots, the direct management unit of the ammunition depot must report to the Department of Natural Resources and Environment where the ammunition depot is located to update the cadastral records.

3.4. The direct management unit of the ammunition depot is primarily responsible for protecting the Safe Zone around ammunition depots. In cases where the Safe Zone around ammunition depots is encroached upon, occupied, or used illegally, it must promptly notify the People's Committee of the commune where the Safe Zone around ammunition depots is located for handling or report to the People's Committee of the district for handling within their jurisdiction.

3.5. The People's Committee of the commune is responsible for coordinating with the direct management unit of the ammunition depot to disseminate laws related to the management and protection of the Safe Zone around ammunition depots and promptly identify and handle violations of land use within the Safe Zone around ammunition depots according to the guidance provided in Clause 1 and Clause 2 Section IV of this Circular.

3.6. The Chairpersons of the People's Committees at all levels where the Safe Zone around ammunition depots is located have the following responsibilities:

a) Promptly detect and handle cases of encroachment, occupation, and illegal use of land within the Safe Zone around ammunition depots; timely prevent unauthorized construction projects within the Safe Zone around ammunition depots, compelling violators to restore the land to its condition prior to the violation;

b) Coordinate with the direct management units of the ammunition depots in disseminating laws related to the protection of the Safe Zone around ammunition depots and announcing the boundary markers of the Safe Zone around ammunition depots;

c) In cases where encroachment, occupation, or illegal use of land within the Safe Zone around ammunition depots occurs in their locality, the Chairpersons of the People's Committees at all levels must bear joint responsibility according to the provisions of the law.

V - LAND RECOVERY; COMPENSATION, SUPPORT, AND RESIDENTIAL RELOCATION FOR CASES OF LAND RECOVERY, HOUSE MOVING, CONSTRUCTION PROJECTS, AND OTHER ASSETS WITHIN THE SAFE ZONE AROUND AMMUNITION DEPOTS

1. Construction projects required to be relocated within the Safe Zone around ammunition depots

1.1. Within the Prohibited Area within the Safe Zone around ammunition depots, all construction projects not belonging to the ammunition depots as specified in Clause 1 Section IV of this Circular must be fully relocated.

1.2. Within the Conditional Land Use Zone within the Safe Zone around ammunition depots, all construction projects prohibited from being built as specified in Clause 2 Section IV of this Circular must be fully relocated.

Land within the Conditional Land Use Zone currently managed and used by organizations, households, and individuals shall continue to be managed and used but must comply with the guidelines specified in Clause 2 Section IV of this Circular.

2. Land recovery; compensation, support, and residential relocation for cases of land recovery or relocation of houses, construction projects, and other assets within the Safe Zone around ammunition depots

2.1. Land within the Prohibited Area within the Safe Zone around ammunition depots must be recovered for use by the direct management unit of the ammunition depot. The procedures for land recovery shall be carried out in accordance with the laws on land.

2.2. Construction projects within the Safe Zone around ammunition depots that do not belong to the permitted construction projects as specified in Clause 1 and Clause 2 Section IV of this Circular must be organized for relocation and change of land use purpose in compliance with the land use regulations within the Safe Zone around ammunition depots.

2.3. Compensation, support, and residential relocation for cases of land recovery or relocation of construction projects as specified in Points 2.1 and 2.2 of this clause shall be implemented in accordance with Article 92 of Decree No. 181/2004/NĐ-CP dated October 29, 2004, of the Government on the implementation of the Land Law and Decree No. 197/2004/NĐ-CP dated December 3, 2004, of the Government on compensation, support, and residential relocation when the State recovers land.

VI - IMPLEMENTATION ORGANIZATION

1. After completing the setting of boundary markers for the Safe Zone around ammunition depots, the direct management unit of the ammunition depot shall be responsible for:

a) Report to the People's Committee with competent authority for the purpose of reclaiming land; relocating structures and assets that were not permitted to be constructed within the Safe Zone around ammunition depots;

b) Participate in the Compensation Council and Land Clearing Council at the local level during the construction process, organizing the implementation of compensation, support, and resettlement plans for the area within the Safe Zone around ammunition depots.

2. The compensation, support, and resettlement funds for the area within the Safe Zone around ammunition depots shall be implemented in accordance with the guidelines of the Ministry of National Defense and the Ministry of Finance as prescribed by law.

3. The Provincial People's Committee is responsible for directing the Department of Natural Resources and Environment and the District People's Committees to manage and utilize the land within the Safe Zone around ammunition depots in accordance with Decree No. 148/2006/NĐ-CP and the guidance provided in this Circular.

4. Units managing ammunition depots shall be responsible for closely coordinating with People's Committees at all levels in organizing the management and utilization of land within the Safe Zone around ammunition depots in compliance with regulations, ensuring efficient and economical land use.

5. This Circular shall take effect fifteen (15) days from the date of publication in the Official Gazette.

6. During the implementation of this Circular, if there are difficulties or obstacles, localities and units managing ammunition depots shall promptly report to the Ministry of National Defense and the Ministry of Natural Resources and Environment for consideration and resolution.