Circular No. 10/2016/TT-BXD on setting boundary markers and managing boundary markers according to construction planning

CIRCULAR

Provisions on setting boundary markers and managing boundary markers according to construction planning

Pursuant to the Construction Law No. 50/2014/QH 13 dated June 18, 2014;

Pursuant to the Urban Planning Law No. 30/2009/QH12 dated June 17, 2009;

BASED ON Decree No. 62/2013/ND-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Government Decree No. 44/2015/NĐ-CP dated May 6, 2014 detailing certain contents regarding construction planning;

Pursuant to the Government Decree No. 37/2010/NĐ-CP dated April 7, 2010 on the preparation, review, approval, and management of urban planning;

At the proposal of the Director of the Department of Planning and Architecture;

The Minister of Construction issues this Circular on provisions for setting boundary markers and managing boundary markers according to construction planning.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular stipulates the preparation, review, approval of boundary marker setting documentation according to construction planning including: urban planning, special functional area planning, and rural planning; implementation of setting boundary markers in the field and management of boundary markers.

2. Applicability: Organizations and individuals involved in activities related to boundary marker setting and management according to construction planning within the territory of Vietnam.

Article 2. Types of boundary markers

1. Boundary markers set in the field include: road centerline markers, red-line boundary markers, and restricted construction zone boundary markers based on approved boundary marker setting documentation.

2. Road centerline markers are markers determining the coordinates and elevations of intersection points and directional change points of the road centerline, marked with symbol TD.

3. Red-line boundary markers are markers defining the boundary between land parcels designated for construction and land reserved for roads or infrastructure, marked with symbol CGD.

4. Restricted construction zone boundary markers are markers defining the boundary of restricted construction zones; conservation areas, historical and cultural relic preservation zones, and other protected areas, marked with symbol RG.

5. In cases where boundary markers need to be set inside existing structures, affecting such structures, reference markers shall be established to replace the required boundary markers, marked with symbol MTC.

Article 3. General principles for preparing, reviewing, approving boundary marker setting documentation and implementing boundary marker setting in the field

1. For overall planning and district planning, the preparation, review, approval of tasks, boundary marker setting documentation, and implementation of boundary marker setting in the field shall be carried out immediately after the People's Committee at provincial or district level issues the boundary marker setting plan.

2. For detailed planning, the preparation, review, approval of tasks, boundary marker setting documentation, and implementation of boundary marker setting in the field shall be carried out after the planning scheme has been approved by the competent authority.

3. For restricted construction zones, conservation areas, historical and cultural relic preservation zones, and other protected areas that have already had boundary markers set according to specialized regulations, there is no need to prepare, review, approve boundary marker setting documentation and implement boundary marker setting according to construction planning.

4. For traffic routes determined to maintain their current scale or scope of occupation according to the current status in approved construction planning; internal roads serving areas legally assigned to a single management and usage entity that are stable and consistent with the planning, there is no need to prepare, review, approve boundary marker setting documentation and implement boundary marker setting according to construction planning.

5. Based on management requirements and the local construction planning database system, the People's Committees at various levels shall decide on the scale of the map for preparing boundary marker setting documentation for boundary marker setting documentation within their approval authority as stipulated in Clause 3, Article 5 of this Circular.

Article 4. Establishing Boundary Marking Plans

1. For general planning, urban zoning planning, and special functional area planning, based on construction planning schemes approved by competent state authorities, provincial and district construction management agencies shall be responsible for establishing Boundary Marking Plans, submitting them to the same-level People's Councils for issuance, serving as a basis for relevant units to implement boundary marking according to approved general planning, urban zoning planning, and special functional area planning schemes.

2. For village general construction planning, based on construction planning schemes approved by competent state authorities, village People's Councils shall be responsible for establishing Boundary Marking Plans, submitting them to county People's Councils for issuance, serving as a basis for relevant units to implement boundary marking according to approved village general construction planning schemes.

3. Boundary Marking Plans must be consistent with implementation plans for construction planning, urban development areas, meeting requirements for urban management and development, special functional areas, and rural villages.

4. Boundary Marking Plans for general planning and zoning planning must clearly define the following contents:

a. Traffic routes, restricted construction zones prioritized for boundary marking; list of routes and areas subject to boundary marking.

b. Areas currently or planned to establish detailed planning schemes in the short term.

c. Conservation and restoration zones of historical and cultural relics and other areas requiring protection that are currently or planned to be marked for protection according to the law.

d. Schedule, time frame, organization and approval procedures for boundary marking documentation; budget for preparing and implementing boundary marking outside the field.

Article 5. Requirements for Boundary Marking Documentation and Regulations for Maps Serving the Preparation of Boundary Marking Documentation According to Construction Planning

1. Boundary Marking Documentation must comply with approved construction planning schemes.

2. Boundary Marking Documentation must be prepared on digital topographic maps confirmed by competent authorities.

3. Survey boundaries and map scales for preparing boundary marking documentation depend on management requirements and terrain conditions of the area where the boundary marking documentation is prepared:

a. For inner city and town areas, boundary marking documentation for general planning, zoning planning, and detailed planning schemes must be prepared on maps at a scale of 1/2,000 or 1/500.

b. For outer city and town areas, boundary marking documentation for general planning, zoning planning, and detailed planning schemes must be prepared on maps at a scale of 1/5,000, 1/2,000, or 1/500.

Article 6. Distance Between Boundary Marks Marked Outside the Field

The distance between boundary marks should be 30 meters or more depending on the terrain and morphology of the area where the marks are set, and must meet management requirements for boundaries and elevations. In cases where the distance between boundary marks is less than 30 meters, it must be explained in the explanatory notes of the boundary marking documentation.

Article 7. Funding for the establishment of boundary marker records according to construction planning and the implementation of boundary markers on-site

1.   State budget funds shall be used to establish boundary marker records and implement boundary markers on-site, supplement and restore boundary markers for master plans, sectoral plans, and detailed plans that do not belong to construction projects carried out under a business model.

2.    The funding of organizations and individuals shall be used to establish boundary marker records and implement boundary markers on-site within the project area for plans belonging to construction projects carried out under a business model.

Article 8. Conditions and capacity of organizations and individuals participating in the establishment of boundary marker records and the implementation of boundary markers on-site

Consulting organizations and individuals participating in the establishment of boundary marker records and the implementation of boundary markers on-site according to construction planning and urban planning must have the necessary conditions and capacity for surveying and mapping activities as stipulated by law.

CFlowchart of procedures for establishing thematic maps at scales of 1:5,000, 1:10,000, 1:500,000, and 1:1,000,000

PROVISIONS ON THE ESTABLISHMENT, REVIEW, APPROVAL OF TASKS, BOUNDARY MARKER RECORDS AND ORGANIZATION OF IMPLEMENTATION OF BOUNDARY MARKERS ON-SITE

Article 9. Responsibilities for organizing the establishment, approval of tasks, boundary marker records and organization of implementation of boundary markers on-site

1.     Provincial People's Committees and People's Committees of centrally governed cities organize the establishment, approval of tasks, boundary marker records and organize the implementation of boundary markers for urban planning projects and special function area construction planning projects within their approval authority, which includes the Prime Minister, Provincial People's Committees, and People's Committees of centrally governed cities.

2.     People's Committees of provincial cities and towns organize the establishment, approval of tasks, boundary marker records and organize the implementation of boundary markers for urban planning projects and special function area construction planning projects within their administrative boundaries, except for cases specified in Clause 1 of this Article.

3.     District People's Committees organize the establishment, approval of tasks, boundary marker records and organize the implementation of boundary markers for sectoral planning and detailed planning projects within their administrative boundaries, except for cases specified in Clause 1 of this Article.

4.     People's Committees of counties under provinces and centrally governed cities organize the establishment, approval of tasks, boundary marker records and organize the implementation of boundary markers for general planning and detailed planning projects for market towns within their counties; sectoral planning and detailed planning projects for special function areas within their administrative boundaries, except for cases specified in Clause 1 of this Article.

5.     People's Committees of communes organize the establishment of tasks, boundary marker records and organize the implementation of boundary markers for general construction planning projects for their managed communes, submitting them to the People's Committee at the county level for approval.

6.     Project investors of construction projects carried out under a business model organize the establishment, approval of tasks, boundary marker records and cooperate with People's Committees at all levels to organize the implementation of boundary markers for detailed planning projects within the project area. The proposed boundary marker record upon approval must be approved by the competent authority reviewing the detailed planning project to ensure compliance with the approved detailed plan and compatibility with the external technical infrastructure system.

Article 10. Authority to determine tasks and files for setting boundary markers according to approved urban planning

The urban planning management agency under the People's Committees at all levels shall review the tasks and files for setting boundary markers according to urban planning, special function area planning, and rural construction planning within their approval authority.

Article 11. Provisions on setting boundary markers for general urban planning projects, general special function area planning projects, and general village planning projects

1.     For centrally-administered cities, the boundary markers set outside the actual site include:

a)     Centerline markers of main city streets planned for new construction or renovation within the city;

b)    Red-line boundary markers of main city streets planned for new construction or renovation within the city;

c)     Boundary markers defining the limits of areas prohibited from construction, conservation zones, historical and cultural relic restoration areas, and other areas requiring protection.

2.     For provincial cities, towns, townships, new urban areas, and special function areas, the boundary markers set outside the actual site include:

a)     Centerline markers of main streets and area roads planned for new construction or renovation within the urban area or special function area;

b)    Red-line boundary markers of main streets and area roads planned for new construction or renovation within the urban area or special function area;

c)     Boundary markers defining the limits of areas prohibited from construction, conservation zones, historical and cultural relic restoration areas, and other areas requiring protection.

3.     For villages, the boundary markers set outside the actual site include:

a)     Centerline markers of main village roads, inter-village roads, village main roads, and intra-field main roads planned for new construction or renovation within the village;

b)    Red-line boundary markers of main village roads, inter-village roads, village main roads, and intra-field main roads connected with key infrastructure works planned for new construction or renovation within the village;

b)    Boundary markers defining the limits of areas prohibited from construction, conservation zones, historical and cultural relic restoration areas, and other areas requiring protection.

Article 12. Provisions on setting boundary markers for district planning projects

The boundary markers set outside the actual site for district planning projects include:

1.     Centerline markers of roads planned for new construction or renovation within the planning area;

2.     Red-line boundary markers of roads planned for new construction or renovation within the planning area;

3.     Boundary markers defining the limits of areas prohibited from construction, including markers defining the boundaries of areas prohibited from construction, conservation zones, historical and cultural relic restoration areas, and other areas requiring protection within the planning area.

Article 13. Provisions on setting boundary markers for detailed planning projects

The boundary markers set outside the actual site include:

1.     Centerline markers of roads and alleys planned for new construction or renovation within the planning area;

2.     Red-line boundary markers of roads and alleys planned for new construction or renovation within the planning area. On the body of the red-line boundary marker, the parameters regarding building boundary lines and construction elevations must be clearly displayed;

3.     Boundary markers defining the limits of areas prohibited from construction, including markers defining the boundaries of areas prohibited from construction, conservation zones, historical and cultural relic restoration areas, and other areas requiring protection within the planning area.

Article 14. Documents for Boundary Marking Tasks According to Urban Planning

The documents for boundary marking tasks according to urban planning include:

1.     Description of the boundary marking task:

a)     Determination of the requirements for boundary marking according to urban planning;

b)     Determination of the workload needed to be carried out;

c)     Determination of the budget for preparing the boundary marking documents;

d)     Organization of implementation and estimated time for preparing the boundary marking documents.

2.     Components of the drawings:

A schematic diagram of the location and scope of boundary marking extracted from the approved urban planning project at an appropriate scale.

3.     Relevant legal documents

4.     Report and draft decision on approval of the boundary marking task documents

5.     Legal entity documents and capability documents of the consulting organization responsible for preparing the boundary marking task documents.

Article 15. Documents for Boundary Marking According to Urban Planning

The documents for boundary marking according to urban planning include:

1.     Description of the boundary marking documents:

a)     Basis for preparing the boundary marking documents;

b)     Evaluation of the current status of the area for boundary marking;

c)     Content of boundary marking including: Types of boundary marks to be set; number of boundary marks to be set; positioning plan for boundary marks; distance between boundary marks; reference marks (if any);

d)     Preliminary estimate of the budget for implementing boundary marking;

e)     Implementation organization.

2.     Components of the drawings:

a)     A schematic diagram of the location and scope of boundary marking extracted from the approved urban planning project at an appropriate scale.

b)     The boundary marking drawing must show the location, coordinates, and elevation of the boundary marks to be set on the topographic map and at the scale specified in Article 5 of this Circular.

3.     Relevant legal documents.

4.     Report and draft decision on approval of the boundary marking documents

5.     Legal entity documents and capability documents of the consulting organization responsible for preparing the boundary marking documents.

6.     CD containing all descriptions and drawings.

Article 16. Provisions on Adjusting Boundary Marking Task and Document Preparation

1.     After the adjusted urban planning project has been approved by the competent authority, the preparation, review, and approval of the adjusted boundary marking task and document, and the organization of field boundary marking shall be carried out in accordance with Articles 9, 10, 11, 12, 13, 14, and 15 of this Circular.

2.     Based on the content of the adjusted urban planning project and the implementation plan, the organization responsible for adjusting the boundary marking task and document must review and clarify the requirements and contents that need to be adjusted and supplemented in the boundary marking task and document.

Chapter III

PROVISIONS ON IMPLEMENTATION OF FIELD BOUNDARY MARKING, ACCEPTANCE, AND HANDOVER OF BOUNDARY MARKS

Article 17. Implementation of Field Boundary Marking

1.     Agencies and units responsible for preparing the boundary marking documents and organizing field boundary marking as stipulated in Article 9 of this Circular may hire consulting organizations or individuals with sufficient qualifications to participate in the implementation.

2.     The agency organizing the field boundary marking must supplement newly generated reference marks during the field boundary marking process into the approved boundary marking documents.

Article 18. Responsibility for coordinating the setting of boundary markers on-site

1.     The plan for implementation and the map of boundary markers must be sent by the entity responsible for setting boundary markers on-site to the People's Committee of the relevant commune before commencing surveying, measuring, and setting boundary markers on-site.

2.     The People's Committee of the commune shall coordinate with the entity implementing the setting of boundary markers based on the plan for surveying, measuring, and setting boundary markers on-site.

Article 19. Acceptance and handover of boundary markers set on-site

After completing the setting of boundary markers according to the boundary marker setting file and finalizing the boundary marker setting file based on the actual implementation on-site, the entity responsible for organizing the setting of boundary markers shall organize acceptance and hand over to the relevant commune authority to organize the protection of the boundary markers.

Article 20. Provisions regarding boundary markers

1.     Boundary markers consist of the buried foundation, base, and body, produced from reinforced concrete grade 200, ensuring durability and easy identification.

2.     The base of the boundary marker has dimensions of 40x40x50 cm.

3.     The body of the boundary marker is 90 cm long. The cross-sectional shape of various types of boundary marker bodies is specified as follows:

a)     The centerline boundary marker has a circular cross-section with a diameter of 15 cm;

b)    The red-line boundary marker has a square cross-section with each side measuring 15 cm;

c)     The boundary marker for area limits has an equilateral triangular cross-section with each side measuring 15 cm;

d) The reference boundary marker has a cross-section similar to that of the required boundary marker; the reference boundary marker displays all parameters necessary for referencing to the required boundary marker.

4.     The face of the boundary marker is attached with a ceramic or iron pin engraved with the symbol and number of the boundary marker.

5.     The minimum depth of the buried foundation is 100 cm.

Chapter IV

PROVISIONS ON THE MANAGEMENT OF BOUNDARY MARKERS, RETENTION OF RECORDS, AND SUPPLY OF INFORMATION ABOUT BOUNDARY MARKERS

Article 21. Responsibilities for managing and protecting boundary markers

1.    The People's Committees at the district and commune levels are responsible for managing planning boundary markers within their administrative boundaries. They shall annually organize inspections, supplements, and restoration of lost or deviated boundary markers compared to approved boundary marker setting files.

2.    The People's Committee of the commune is responsible for protecting boundary markers on-site, organizing propaganda and mobilizing the public to participate in protecting and managing boundary markers locally; in cases where boundary markers are displaced or damaged, they must promptly report in writing to the People's Committee at the district level, which will compile such cases within its approval authority and report in writing to the specialized management agency for restoration plans.

Article 22. Retention of records for boundary markers set according to planning

1.    Planning management agencies and land management agencies at all levels are responsible for retaining records for boundary markers within their approval authority and providing related materials and data about boundary markers to agencies, organizations, and individuals upon request as stipulated by law.

2.    Agencies and units organizing tasks, files for setting boundary markers and implementing the setting of boundary markers on-site have the responsibility to hand over approved boundary marker setting files to planning management agencies and land management agencies at relevant levels for retention, coordination in management, implementation of boundary marker setting on-site, serving inspection, supervision, and management according to construction planning. The file includes: Decision approving along with explanatory notes; signed and stamped approved drawings, electronic files containing all explanatory notes, drawings, and acceptance and handover minutes of boundary markers set on-site.

3.    The People's Committee at the district level is responsible for duplicating boundary marker setting files and handing them over to the relevant commune People's Committee for on-site boundary marker management.

4.    Boundary marker setting files according to construction planning serve as documents for authorities at all levels to use in publicizing planning, managing planning; implementing investment projects, issuing construction permits, certificates of land use rights, allocating (leasing) land as prescribed.

Article 23. Provision of information on boundary marker establishment files to organizations and individuals upon request

1.    Authorities entrusted with managing and storing boundary marker establishment files shall be responsible for organizing the receipt and provision of approved boundary marker establishment files according to the requests of organizations and individuals.

2.    The authority providing boundary marker information may provide such information in the following forms: written responses; provision of copies of the drawings of approved boundary marker establishment files.

Chapter V

IMPLEMENTATION

Article 24. Transitional Provisions

Boundary marker establishment files that have been approved by competent authorities but have not yet been organized and implemented; tasks and boundary marker establishment files that have been established and reviewed but not yet approved by competent authorities before the effective date of this Circular shall be carried out in accordance with Circular No. 15/2010/TT-BXD dated August 27, 2010 of the Ministry of Construction regarding the establishment of boundary markers and management of boundary markers according to urban planning.

Article 25. Implementation organization

Authorities, organizations, and individuals involved in the work of establishing, reviewing, approving boundary marker establishment files, implementing boundary marker establishment, and managing boundary markers outside the site shall be responsible for implementing the provisions of this Circular.

Any difficulties encountered during implementation should be reported to the Ministry of Construction for study and resolution.

Article 26. Effective date

This Circular takes effect from April 30, 2016, and replaces Circular No. 15/2010/TT-BXD dated August 27, 2010 of the Ministry of Construction regarding the establishment of boundary markers and management of boundary markers according to urban planning./