Circular No. 11/2024/TT-BNV on the establishment and management of administrative unit boundary files

CIRCULAR

Regulations on the establishment and management of administrative unit boundary files

Pursuant to the Law on Local Administration Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

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

Pursuant to the Law on Archives dated June 21, 2024;

Pursuant to the Land Law dated January 18, 2024; the Law Amending and Supplementing Certain Provisions of the Land Law, the Housing Law, the Law on Real Estate Business, and the Law on Credit Institutions dated June 29, 2024;

Pursuant to Decree No. 63/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government Decree No. 102/2024/NĐ-CP dated July 30, 2024 detailing the implementation of certain provisions of the Land Law;

At the request of the Director of the Department of Local Administration;

The Minister of Home Affairs promulgates this Circular stipulating the establishment and management of administrative boundary files.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the establishment and management of administrative boundary files for provinces and centrally-administered cities (hereinafter referred to as provincial level); districts, towns, and cities under provinces and centrally-administered cities (hereinafter referred to as district level); communes, wards, and towns (hereinafter referred to as commune level).

Article 2. Principles for the establishment and management of administrative unit boundary files

1. Administrative boundary files shall be established when the Resolution of the National Assembly or the Standing Committee of the National Assembly regarding the establishment, dissolution, merger, division, and adjustment of administrative boundaries becomes effective; or when the decision of the competent authority regarding the determination of administrative boundaries in areas with inconsistent administrative boundaries becomes effective, or when it is necessary to adjust the position of administrative boundary markers on-site. In which:

a) New administrative boundary files shall be established when administrative units are established, merged, or divided according to the decision of the competent authority.

b) Existing administrative boundary files shall be revised and supplemented for administrative units not falling within the scope specified in point a of Clause 1 of Article 9.

2. The establishment of administrative boundary files shall be carried out in accordance with this Circular and the regulations on technical procedures for determining administrative boundary lines, setting up administrative boundary markers, and establishing administrative boundary files at all levels.

3. The management and storage of administrative boundary files shall be carried out in accordance with this Circular and the regulations on recordkeeping.

Chapter II
PROCEDURE FOR ESTABLISHING AND MANAGING ADMINISTRATIVE BOUNDARY FILES

Article 3. Procedure for Establishing Administrative Boundary Files

1. Evaluation of the Current Status of Administrative Boundaries and Administrative Boundary Files

Based on the documents of the competent authority regarding the establishment, dissolution, merger, division, and adjustment of administrative boundaries; documents regarding the determination of administrative boundaries in areas with inconsistent administrative boundaries or situations where it is necessary to adjust the position of administrative boundary markers on-site, the People's Committee of the province shall organize surveys and evaluations of the current status of administrative boundaries on-site and evaluate the current status of administrative boundary files at all levels being stored and managed, serving as the basis for determining the items and volume of work to be implemented.

2. Determination of Administrative Boundaries on-Site

a) The People's Committee of the province shall organize the determination of administrative boundary lines at all levels, the positions of administrative boundary markers, and distinctive points on administrative boundary lines on-site.

b) The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries, agencies, and localities to organize the determination of administrative boundary lines, the positions of administrative boundary markers, and distinctive points on administrative boundary lines at the provincial level on-site for cases where the decision of the competent authority regarding the determination of administrative boundaries in areas with inconsistent provincial-level administrative boundaries is implemented, and hand over the results to the People's Committee of the province to complete the administrative boundary files.

3. Preparation of Original On-Site Administrative Boundary Maps

a) Based on the results of the determination of administrative boundary lines, the positions of administrative boundary markers, and distinctive points on administrative boundary lines, the People's Committee of the province shall organize the transfer to the national coordinate system map and set up administrative boundary markers on-site, measure the coordinates and elevation of administrative boundary markers, prepare a layout diagram of administrative boundary markers, complete the administrative boundary map, and sign confirmation of the original on-site file.

b) For administrative units with national borders, the People's Committee of the province shall base on related legal documents concerning national borders to update the national border on the administrative boundary files and ensure that the administrative boundary lines are closed to the national border, send for comments from the Ministry of Natural Resources and Environment before completing the original on-site administrative boundary map.

4. Completion of Administrative Boundary Files

a) Based on the original on-site administrative boundary maps signed and confirmed by the People's Committees of related administrative units, the People's Committee of the province shall organize the completion of administrative boundary files in accordance with this Circular and the regulations on technical procedures for determining administrative boundary lines, setting up administrative boundary markers, and preparing administrative boundary files at all levels.

b) Reproduction and Confirmation of Administrative Boundary Files

After the administrative boundary files at all levels have been completed, the People's Committee of the province shall organize the reproduction in the required quantity and sign confirmation as follows:

- Commune-level administrative boundary files consist of five copies, signed by the People's Committee of the commune and confirmed by the People's Committee of the district. For the confirmation layout diagram of district-level administrative boundary markers on commune-level administrative boundary lines, it is signed by the People's Committee of the district and confirmed by the People's Committee of the province; for the confirmation layout diagram of provincial-level administrative boundary markers on commune-level administrative boundary lines, it is signed by the People's Committee of the province.

- District-level administrative boundary files consist of four copies, signed by the People's Committee of the district and confirmed by the People's Committee of the province.

The administrative boundary dossier for provincial-level administrative units consists of three sets, signed by the Provincial People's Committee.

5. Components of the administrative boundary dossier:

a) Administrative boundary dossier for commune-level administrative units includes:

- Map of the administrative boundaries of the commune-level administrative unit.

- Confirmation document of the location diagram of boundary markers of commune, district, and provincial-level administrative units on the commune-level administrative boundary map.

- Confirmation document of the coordinates of boundary markers of provincial, district, and commune-level administrative units on the commune-level administrative boundary map.

- Table of coordinates of characteristic points on the commune-level administrative boundary map.

- General description of the administrative boundaries of the commune-level administrative unit.

- Minutes confirming the description of the administrative boundaries of the commune-level administrative unit.

- Statistical form of place names (population, hydrology, topography).

- Minutes of the handover of boundary markers of various levels of administrative units.

- Copy of the document from the competent authority regarding the establishment, dissolution, merger, division, adjustment of the administrative boundaries of the commune-level administrative unit or the document determining the administrative boundaries of the commune-level administrative unit.

b) Administrative boundary dossier for district-level administrative units includes:

- Map of the administrative boundaries of the district-level administrative unit.

- Confirmation document of the location diagram of boundary markers of district and provincial-level administrative units on the district-level administrative boundary map.

- Table of coordinates of boundary markers of district and provincial-level administrative units and characteristic points on the district-level administrative boundary map.

- General description of the administrative boundaries of the district-level administrative unit.

- Confirmation document describing the administrative boundaries of the district-level administrative unit.

- Copy of the document from the competent authority regarding the establishment, dissolution, merger, division, adjustment of the administrative boundaries of the district-level administrative unit or the document determining the administrative boundaries of the district-level administrative unit.

c) Administrative boundary dossier for provincial-level administrative units includes:

- Map of the administrative boundaries of the provincial-level administrative unit.

- Confirmation document of the location diagram of boundary markers of provincial-level administrative units on the provincial-level administrative boundary map.

- Table of coordinates of boundary markers of provincial-level administrative units and characteristic points on the provincial-level administrative boundary map.

- General description of the administrative boundaries of the provincial-level administrative unit.

- Confirmation document describing the administrative boundaries of the provincial-level administrative unit.

- Copy of the document from the competent authority regarding the establishment, dissolution, merger, division, adjustment of the administrative boundaries of the provincial-level administrative unit or the document determining the administrative boundaries of the provincial-level administrative unit.

Article 4. Examination and acceptance of administrative boundary dossiers.

1. Inspection and review of administrative boundary dossiers.

a) The Provincial People's Committee shall issue a document requesting the Ministry of Natural Resources and Environment to inspect and review the administrative boundary dossiers of the locality according to the provisions of the law on technical determination of administrative boundaries, setting up boundary markers, and compiling administrative boundary dossiers at all levels.

b) Based on the results of the inspection and review by the Ministry of Natural Resources and Environment, the Provincial People's Committee shall complete the dossier and submit it to the Ministry of Home Affairs for examination and acceptance.

2. Documents for examination and acceptance include:

a) Request document of the Provincial People's Committee.

b) Report on the results of compiling the administrative boundary dossier.

c) Administrative boundary dossier at all levels in paper form (one set) and digital form.

d) Copy of the Decision approving the design-technical estimate for compiling the administrative boundary dossier.

đ) Copy of the inspection and acceptance documents of the Provincial People's Committee, the project owner, and the construction unit (if any).

e) Copy of the minutes and documents confirming the administrative boundaries on-site.

g) Document of the Ministry of Natural Resources and Environment on the results of technical inspection and review of the determination of administrative boundaries, setting up boundary markers, and compiling administrative boundary dossiers at all levels.

h) Results of updating the national border on the administrative boundary dossier (if any).

3. Members of the examination committee for administrative boundary dossiers include representatives from the Ministries of Home Affairs, Natural Resources and Environment, Defense, and Foreign Affairs.

4. Content of examination.

a) Procedure and results of compiling the administrative boundary dossier.

b) Legal value of various types of documents and administrative boundary dossiers.

c) Authority and responsibility of relevant agencies, organizations, and individuals in the management of administrative boundaries and compilation of administrative boundary dossiers.

5. Quantity and quality acceptance of administrative boundary dossiers.

Based on the voting results of the examination committee, the Minister of Home Affairs will consider and decide on the quantity and quality acceptance of administrative boundary dossiers at all levels of the locality.

Article 5. Management and storage of administrative unit boundary records

1. The provincial People's Committee shall submit one set of administrative unit boundary records to the central state historical archives at the Ministry of Home Affairs.

2. As for the remaining administrative unit boundary records, the provincial People's Committee shall transfer them for management, exploitation, and use in accordance with the laws on recordkeeping as follows:

a) Provincial administrative unit boundary records shall be transferred to the Ministry of Natural Resources and Environment and the provincial People's Committee.

b) District administrative unit boundary records shall be transferred to the Ministry of Natural Resources and Environment, the provincial People's Committee, and the district People's Committee.

c) Commune administrative unit boundary records shall be transferred to the Ministry of Natural Resources and Environment, the provincial People's Committee, the district People's Committee, and the commune People's Committee.

Article 6. Budget for establishment and management of administrative unit boundary records

1. The budget for establishing and managing administrative unit boundary records, which falls under the responsibility of localities, shall be guaranteed by the local budget, while that which falls under the responsibility of ministries and central agencies shall be guaranteed by the central budget.

2. The establishment, approval, and settlement of the budget for establishing and managing administrative unit boundary records shall be carried out in accordance with the laws on surveying and mapping, recordkeeping, and other relevant regulations.

Chapter III
RESPONSIBILITIES OF THE AUTHORITIES IN ESTABLISHING AND MANAGING ADMINISTRATIVE UNIT BOUNDARY RECORDS
MANAGEMENT OF BOUNDARY DOCUMENTS OF ADMINISTRATIVE UNITS

Article 7. Responsibilities of the Ministry of Home Affairs

Providing general guidance and direction on the work of organizing the establishment and management of administrative unit boundary records.

Article 8. Responsibilities of People's Committees at all levels

1. Responsibilities of the provincial People's Committee

a) Organizing the establishment and management of administrative unit boundary records.

b) Submitting to archival storage and transferring administrative unit boundary records according to the provisions of this Circular.

c) Ensuring conditions for the establishment and management of administrative unit boundary records.

2. Responsibilities of the district and commune People's Committees

a) The district and commune People's Committees shall be responsible for organizing the establishment and management of administrative unit boundary records within their respective administrative boundaries in accordance with the functions and tasks assigned by the provincial People's Committee.

b) The commune People's Committee shall be responsible for managing administrative unit boundary markers on the ground in their locality; organizing publicity and dissemination to raise public awareness about protecting administrative unit boundary markers. When discovering any displacement, damage, or loss of markers, they must prepare a report, handle violations within their authority according to the law, and report to the competent authority to organize the restoration of administrative unit boundary markers.

Chapter IV
EFFECTIVENESS AND RESPONSIBILITY FOR IMPLEMENTATION

Article 9. Effective date

This Circular takes effect from the date of issuance.

Article 10. Responsibility for Implementation

1. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairman of the provincial People's Committee, municipal People's Committee directly under the central government, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

2. During implementation, if there are any difficulties, please reflect them to the Ministry of Home Affairs for guidance and resolution.