Decision No. 16/2005/QD-BTNMT Issuing Regulations on Management, Use, and Protection of Surveying Construction Works

DECISION OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Issuing Regulations on Management, Use, and Protection of Survey Construction Works

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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to Decree No. 12/2002/NĐ-CP dated January 22, 2002 of the Government on surveying and mapping activities;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the National Mapping Agency and the Head of the Legal Department,

DECISION:

Article 1. These Regulations are hereby issued together with this Decision.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central cities, and organizations and individuals related to these matters shall be responsible for implementing this Decision.

REGULATIONS

On the management, use, and protection of survey construction works

(Issued together with Decision No. 16/2005/QĐ-BTNMT of the Minister of Natural Resources and Environment dated December 16, 2005)

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PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These regulations stipulate the management, use, and protection of survey construction works; the responsibilities of state agencies, organizations, and individuals in managing, using, and protecting survey construction works.

Article 2. These regulations apply to state agencies, organizations, and individuals involved in activities related to the management, use, and protection of survey construction works.

Article 3. Survey Construction Works

Survey construction works include:

1. Fixed observation stations for astronomy, geodesy, satellites, gravity, height, depth, and time (hereinafter referred to collectively as fixed observation stations);

2. National survey origin points;

3. Markers of points within the national basic point system (hereinafter referred to collectively as survey markers);

4. Calibration facilities for surveying equipment parameters (hereinafter referred to collectively as calibration facilities for surveying equipment).

Article 4. Management of Survey Construction Works

The content of managing survey construction works includes:

1. Statistics and assessment of the current status of survey construction works;

2. Establishment of mechanisms for cooperation in the exploitation and protection of survey construction works;

3. Provision of point annotations, coordinate values, elevations, and other relevant information about survey construction works to authorized state agencies, organizations, and individuals for exploitation and use;

4. Inspection, supervision, and handling of violations concerning the exploitation and protection of survey construction works.

Article 5. Use and Protection of Survey Construction Works

Survey construction works are state assets that must be used and protected in accordance with these regulations. Any act of moving, damaging, or destroying survey construction works contrary to these regulations will be subject to administrative penalties or criminal liability as provided by law, depending on the severity of the violation.

Chapter II

RESPONSIBILITIES OF STATE AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN MANAGING, CONSTRUCTING, USING, AND PROTECTING SURVEY CONSTRUCTION WORKS

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Article 6. Responsibilities for Managing Survey Construction Works

1. The National Mapping Agency under the Ministry of Natural Resources and Environment manages fixed observation stations, national survey origin points, national basic survey markers from Class II upwards, and calibration facilities for surveying equipment.

2. Provincial Departments of Natural Resources and Environment manage national basic survey markers from Class III downwards and specialized local basic survey markers.

3. Other specialized departments of provinces and centrally-administered cities manage specialized industry basic survey markers.

3. Other specialized departments of provinces and centrally governed cities shall manage the basic surveying marks of their respective industries.

Article 6. Responsibilities of organizations and individuals engaged in surveying and mapping activities for construction projects.

Clause 1. Prior to constructing surveying and mapping construction projects, procedures for land use or using existing structures as locations for such projects must be resolved, ensuring efficient land use and long-term utilization.

Clause 2. After completing the construction of survey markers, a handover record must be established along with a layout diagram and current status of the markers on-site, to be handed over to the People's Committee of communes, towns, wards (hereinafter referred to collectively as the People's Committee at the commune level) in the presence of the land user or owner of the structure where the marker is located; upon completion of the entire project, the project investor must hand over all markers together with point annotations to the management agency for surveying and mapping construction projects as stipulated in Article 5 of this Regulation.

Article 7. Responsibilities of organizations and individuals in the use and protection of surveying and mapping construction projects.

Clause 1. Organizations and individuals using survey markers must obtain approval from the management agency for surveying and mapping construction projects as stipulated in Article 5 of this Regulation.

In cases where organizations and individuals are permitted to use survey markers, they must contact the land administration officers of communes, towns, wards (hereinafter referred to collectively as land administration officers at the commune level) to receive guidance. During the usage period, they must not damage the survey markers; upon completion of usage, they must restore the markers to their original condition.

Clause 2. Organizations and individuals have the responsibility to protect surveying and mapping construction projects, and may not destroy or obstruct the exploitation and use of these projects. Upon discovering that surveying and mapping construction projects are at risk of or have been damaged, they must immediately report to the People's Committee at the commune level where the project is located to take timely preventive and blocking measures and handle the situation within their authority.

Clause 3. When organizations and individuals construct architectural projects adjacent to land containing fixed observation stations, national primary survey points, and metrology equipment bases, which may affect these facilities, they must obtain agreement from the National Mapping and Surveying Agency; if agreement cannot be reached, the National Mapping and Surveying Agency has the responsibility to work with local state agencies with jurisdiction to resolve the issue.

Article 8. Responsibilities of land users and owners of structures where survey markers are located.

Clause 1. They must protect and not damage survey markers placed on the land they use or attached to their architectural structures during the period of land use and structure operation.

Clause 2. If it is necessary to relocate or remove survey markers on the land or attached to architectural structures, they must submit a written notice to the land administration officer at the commune level and can only relocate or remove the markers with written approval from the management agency for survey markers as stipulated in Article 5 of this Regulation.

Clause 3. If renovation, repair, or new construction affects survey markers, the land user and structure owner must submit a written notice to the land administration officer at the commune level to inform the management agency for survey markers as stipulated in Article 5 of this Regulation to take protective measures for the markers.

Article 9. Responsibilities and Time Limit for Handling by the Survey Mark Management Authority in Cases of Relocation or Cancellation of Survey Marks

1. Within fifteen (15) working days from the date of receipt of the document from the land user or owner of the construction project requesting relocation or cancellation of survey marks transferred by the commune-level cadastre officer, the survey mark management authority shall respond in writing to inform the land user or owner of the construction project.

2. The cancellation or relocation of survey marks must be updated in the relevant files and records related to survey marks stored at the survey mark management authority as stipulated in Article 5 of this Regulation.

Article 10. Responsibilities of Commune-Level Cadastre Officers

1. Manage and protect survey marks within the administrative area of the commune according to the handover record provided to the People's Committee of the commune.

2. After receiving the handover of survey marks, the commune-level cadastre officer shall be responsible for:

a) Recording in the remarks section of the cadastre book regarding survey marks on the plot of land;

b) Promoting and disseminating regulations on the management and protection of survey marks so that local residents have the responsibility to prevent survey marks from being moved, destroyed, or damaged;

c) Regularly inspecting, and if any survey marks are found to be harmed or at risk of harm, they must report to the People's Committee of the commune within twenty-four (24) hours from the time of discovery to take immediate measures to stop harmful actions, and within three (3) working days, report to the Department of Natural Resources and Environment about the current status and cause of damage to the survey marks;

d) In cases where survey marks need to be relocated or canceled, within three (3) working days from the date of receipt of the document requesting relocation or cancellation of survey marks from the land user or owner of the construction project, the commune-level cadastre officer must transfer the application to the competent authority as stipulated in Article 5 of this Regulation for prompt resolution.

Article 11. Responsibilities of the Department of Natural Resources and Environment

1. Clearly indicate to the person assigned or leased land about the existing survey marks on the plot of land and record it in the handover document when handing over land on-site.

2. Examine the situation on-site and submit a report to the Provincial Department of Natural Resources and Environment about the condition of survey marks that have been harmed or are at risk of harm within five (5) working days from the date of receipt of the report from the commune-level cadastre officer.

3. Report annually in writing to the Provincial Department of Natural Resources and Environment about the current status of survey marks within their jurisdiction, accompanied by a statistical table of data, classification, and usage status.

Article 12. Responsibilities of the Provincial Department of Natural Resources and Environment

1. Resolve or notify the National Geospatial Information Agency, the construction survey mark management authority as stipulated in Clause 3 of Article 5 of this Regulation, in cases where construction projects on plots of land affect survey marks, to decide on cancellation, reinforcement, or relocation.

2. Report annually in writing to the National Geospatial Information Agency about the current status of survey marks within their jurisdiction, accompanied by a statistical table of data, classification, and usage status.

Article 13. Responsibilities of the National Mapping Agency and People's Committees at all levels

1. The National Mapping Agency shall be responsible for:

a) Managing survey construction works, resolving issues related to survey markers when construction on a land plot affects survey markers as prescribed in Clause 1, Article 5 of this Regulation, deciding to cancel, reinforce, or relocate them;

b) Establishing regulations for managing, operating, and maintaining equipment at fixed observation stations and calibration facilities for surveying equipment according to procedures and standards;

c) Closely coordinating with People's Committees at all levels to develop plans to protect and ensure safety for survey construction works.

2. People's Committees at all levels shall be responsible for protecting and preventing acts that harm survey construction works.

Chapter III

IMPLEMENTATION

Article 14. Liability System

1. Heads of agencies entrusted with managing survey construction works shall be responsible for providing complete and accurate data and information to organizations and individuals permitted to exploit and use them in accordance with the law, without causing harassment or inconvenience during the provision process.

2. The Director of the National Mapping Agency under the Ministry of Natural Resources and Environment, and the Director of the Department of Natural Resources and Environment shall be responsible for monitoring and inspecting the implementation of this Regulation.