Decree No. 119-CP Issuing Regulations on the Management and Use of Territorial Boundary Files, Maps, and Administrative Boundary Markers at Various Levels

DECREE

Issuing regulations on the management and use of administrative boundary files, maps, and markers at all levels

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

To strengthen the management and use of administrative boundary files, maps, and markers at all levels, serving as a basis for resolving land disputes related to administrative boundaries at all levels;

At the proposal of the Minister and Head of the Government Organizational and Cadre Affairs Board;

DECREE:

Article 1

Now hereby promulgating with this Decree the Regulations on the management and use of administrative boundary files, maps, and markers at all levels.

Article 2

This Decree takes effect from the date of signature, all previous documents that conflict with this Decree shall be abolished.

Article 3

The Minister, Head of the Government Organization and Cadres Department, Ministers of Ministries, Heads of agencies equivalent to ministries, and Chairpersons of People's Committees of provinces and centrally-administered cities directly under the central government are responsible for implementing this Decree.

REGULATIONS

ON THE MANAGEMENT AND USE OF ADMINISTRATIVE BOUNDARY FILES,

MAPS, AND MARKERS AT ALL LEVELS

(Attached to Decree No. 119-CP dated September 16, 1994 of the Government)

Chapter 1:

GENERAL PROVISIONS

Article 1.

Administrative boundary files, maps, and markers at all levels (province, district, commune, and equivalent levels) were established according to Directive No. 364-CT dated November 6, 1991 of the Chairman of the Council of Ministers (now Prime Minister) regarding the resolution of land disputes related to provincial, district, and commune administrative boundaries, serving as a legal basis for consistent use by authorities at all levels in state management work concerning administrative boundaries in localities.

Article 2.

The Minister, Head of the Government Organization and Cadres Department, Director of the Land Administration General Department, and Chairpersons of People's Committees at all levels are responsible for managing and using administrative boundary files, maps, and markers at all levels according to these Regulations.

Any acts of modifying the contents of administrative boundary files, administrative boundary maps without authorization from competent authorities are strictly prohibited.

Chapter 2:

MANAGEMENT AND PRESERVATION OF ADMINISTRATIVE BOUNDARY FILES, MAPS, AND MARKERS

AT ALL LEVELS

Article 3.

Administrative boundary files at all levels include:

a) Administrative boundary files at the commune level:

Maps, administrative boundary of the commune.

Confirmation documents of the location diagrams of administrative boundary markers at the commune, district, and provincial levels (located on the administrative boundary line of the commune).

Confirmation documents of the coordinates of administrative boundary markers at the commune level.

Tables of coordinates of characteristic points on the administrative boundary line at the commune level.

General descriptions of the administrative boundary situation at the commune level.

Minutes confirming the description of the administrative boundary line at the commune level.

Statistical forms (population, water systems, topography).

Minutes of the handover of administrative boundary markers at all levels.

Legal documents on the establishment of communes.

b) Administrative boundary files at the district level:

Maps of the administrative boundary at the district level.

Confirmation documents of the location diagrams of administrative boundary markers at the district and provincial levels (located on the administrative boundary line of the district).

Confirmation tables of the coordinates of administrative boundary markers at the district level.

Tables of coordinates of characteristic points on the administrative boundary line at the district level.

General descriptions of the administrative boundary situation at the district level.

Minutes confirming the description of the administrative boundary line at the district and provincial levels (located on the administrative boundary line of the district).

Legal documents on the establishment of districts.

Statistics of documents about the administrative boundary of communes within the district.

c) Administrative boundary files at the provincial level:

Maps of the administrative boundary at the provincial level.

Confirmation documents of the location diagrams of administrative boundary markers at the provincial level.

Confirmation tables of the coordinates of administrative boundary markers and characteristic points on the administrative boundary line at the provincial level.

General descriptions of the administrative boundary situation at the provincial level.

Confirmation documents of the description of the administrative boundary line at the provincial level, national border (located on the administrative boundary line of the province).

Legal documents on the establishment of provinces.

Statistics of documents about the administrative boundary of districts within the province.

Article 4.

Management and storage of administrative boundary files, maps, and markers at all levels are uniformly regulated as follows:

a) For administrative boundary files and maps at the commune, ward, town level:

One set stored at the People's Committee of the commune, ward, town.

One set stored at the People's Committee of the district, city district, town, provincial city.

One set stored at the People's Committee of the province, centrally-administered city directly under the central government (Organization Department of the provincial People's Committee).

One set stored at the National Archives Administration.

One set stored at the Land Administration General Department.

b) For administrative boundary files and maps at the district, town, city district, provincial city level:

One set stored at the People's Committee of the district, town, city district, provincial city.

One set stored at the People's Committee of the province, centrally-administered city directly under the central government (Organization Department of the provincial People's Committee).

One set stored at the National Archives Administration.

One set stored at the Land Administration General Department.

c) For administrative boundary files and maps at the provincial, centrally-administered city level:

One set stored at the People's Committee of the province, centrally-administered city.

One set stored at the National Archives Administration.

One set stored at the Land Administration General Department.

One set stored at the Government Organization and Cadres Department.

Article 5.

Management and storage of administrative boundary files and maps at all levels must be preserved safely for a long time.

Article 6.

Photocopies for exploiting and using administrative boundary files and maps at the local level, stored at which level is permitted by the Chairman of the People's Committee at that level. At the central level, it is permitted by the Minister, Head of the Government Organization and Cadres Department.

Article 7.

Administrative boundary maps specified in these Regulations are printed and enlarged into provincial, district, and commune administrative boundary maps and equivalent levels for use by authorities at all levels, published by the Land Administration General Department. Previous administrative boundary maps are only for reference and research purposes and shall not be hung in offices or officially used in territorial management work at all levels.

Article 8.

Administrative boundary files and maps are documents used by authorities at all levels in state management work and serve as a basis for resolving land disputes related to administrative boundaries at each level.

Article 9.

In case administrative boundary files and maps are damaged or lost, the head of the storage agency (as stipulated in Article 4) must immediately report to the immediate superior agency and request copies; simultaneously, an investigation into the cause should be conducted for handling.

Article 10.

Upon the completion of the term or change of duty of the Head of the administrative boundary records archive agency referred to in Article 4, the handover of the administrative boundary records and maps must be conducted for the new Head according to regulations. The handover must be witnessed by representatives from the authority, organization, and local administration at the same level, and the higher-level authority.

Article 11.

Administrative boundary markers at various levels are points marking the limits of administrative boundaries between administrative units. Administrative boundary markers include types with two sides, three sides, four sides, and five sides, which are placed in easily visible locations on-site (boundary markers can be set up inside or outside the border line). All boundary markers must have their position diagrams drawn and fully displayed on administrative boundary maps.

Article 12.

The Chairman of the People's Committee at the commune, ward, town level has the responsibility to manage administrative boundary markers within their locality, organize propaganda and education for the people in areas with administrative boundary markers to raise awareness about protecting these markers. When discovering that the administrative boundary markers have shifted, been damaged, or lost, they must promptly organize the restoration of the markers. It is strictly prohibited to destroy, alter, or misuse administrative boundary markers for personal gain.

Annually, the Chairmen of People's Committees at all levels must report to their direct superiors on the situation regarding the preservation of administrative boundary markers under their management, and simultaneously develop plans to repair and maintain administrative boundary markers in accordance with the law.

Article 13.

When the parties conduct the handover of administrative boundary records and maps as stipulated in Article 10, they must also establish procedures for handing over administrative boundary markers so that successors can assume responsibility for managing them as prescribed herein.

Chapter 3:

FINAL PROVISIONS

Article 14.

This Regulation takes effect from the date of signature.

Article 15.

Groups and individuals who achieve success in protecting administrative boundary records, maps, and administrative boundary markers shall be considered for rewards according to current regulations. Those who violate the provisions of this Regulation will be subject to disciplinary action, administrative fines, or criminal prosecution depending on the severity of the offense.

Article 16.

The Minister, Director of the Government Organization and Cadre Affairs Department, in coordination with the General Department of Land Administration and relevant central agencies, shall guide the implementation of this Regulation and regularly report the results of its enforcement to the Prime Minister.