Decision No. 168/2007/QĐ-BQP On the preparation of land clearance for projects under the Border Guard Patrol Road Program on Land

Pursuant to …;

Regarding the preparation of land for projects under the Border Guard Patrol Road Scheme

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MINISTER OF NATIONAL DEFENSE

Pursuant to the Law on Legislative Acts of Legal Normative Documents dated November 12, 1996, amended and supplemented on December 16, 2002;

Pursuant to Decision No. 313/QĐ-TTg dated March 14, 2007 of the Prime Minister approving the Planning Scheme for the Construction of the Border Guard Patrol Road for the period 2006-2010 and subsequent years;

Pursuant to Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Article 2. This Circular applies to academies, universities, military officer schools, vocational colleges, secondary technical schools, and military schools (hereinafter referred to collectively as military schools) that organize training in accordance with the law, and related agencies, units, organizations, and individuals; it does not apply to teachers teaching at kindergartens, general education schools, national defense education centers, and security education centers.

DECISION:

Article 1. Scope of Regulation and Applicability

1. This Decision specifies the contents, procedures, methods, and relationships during the implementation of land clearance work for projects under the Border Guard Patrol Road Scheme.

2. This Decision applies to project sponsors, project appraisal agencies, survey and design consultants, supervision consultants, construction contractors, mine clearance contractors, and related agencies and localities where the road passes through.

Article 2. Interpretation of Terms

1. Permanent land occupation area is the strip of land between two rows of land clearance stakes on both sides of the road and extends along the entire length of the route.

2. Road right-of-way is the strip of land between two rows of road boundary stakes on both sides of the road and extends along the entire length of the route.

3. Road safety zone is the portion of land alongside the road between the road boundary stakes and the land clearance stakes, ensuring traffic safety and protecting road infrastructure.

4. Temporary construction land is the strip of land from the road boundary stake to the required construction boundary. The outer edge of this strip may be marked with temporary stakes.

Article 3. Scope of Land Clearance

1. Road Boundary Stakes

1.1. Stake Positioning

a) Across the cross-section of the route:

Placed outward from the edge of the structure (the outer edge of the embankment, the top edge of the cut, or the outer edge of other structures belonging to the road), determined by lateral measurement of 5 meters each side;

In cases where the structure passes through a town, market town, or border gate where the locality has approved planning, it shall be positioned according to the local planning.

b) Along the longitudinal section of the route:

For roads passing through residential areas, stakes are placed at intervals of 200 meters;

For roads passing through agricultural fields or forested areas, stakes are placed at intervals of 500 meters to 1000 meters;

For roads passing through rugged mountainous regions along the border, road boundary stakes are not set up, only representative stakes may be set up if necessary;

For bridge and culvert works, they shall be carried out in accordance with Article 14 of Decree No. 186/2004/NĐ-CP dated November 5, 2004 of the Government on management and protection of road infrastructure;

It is mandatory to set up stakes at administrative boundaries; additional stakes may be set up at curves, bridges, and culverts to ensure sufficient conditions for land clearance.

1.2. Specifications of Stakes

a) As prescribed in the Industry Standard Traffic Sign Regulations 22TCN-237-01 (annexed to Decision No. 4393/2001/QĐ-BGTVT dated December 20, 2001 of the Minister of Transport);

b) The front face bears the inscription "BOUNDARY MARKER" facing the road, with "TTBG" on the two side faces; letters are engraved 3mm-5mm deep into concrete, 6cm high, 1cm wide, painted red;

c) The part of the stake above ground level is 40cm high, painted white on all four sides, with the top of the stake 8cm high, painted red.

2. Land Clearance Stakes

2.1. Stake Positioning

a) Across the cross-section of the route:

Placed outward from the edge of the structure (the outer edge of the embankment, the top edge of the cut, or the outer edge of the bridge abutment or other structures belonging to the road), determined by lateral measurement of 3 meters each side;

In cases where the structure passes through a town, market town, or border gate where the locality has approved planning, it shall be positioned according to the local planning.

b) Along the longitudinal section of the route:

For roads passing through towns, market towns, or border gates, stakes are placed at intervals of 50 meters to 100 meters;

For roads passing through residential areas, compensation must be provided at intervals of 200 meters;

For roads passing through agricultural fields or forested areas, stakes are placed at intervals of 500 meters to 1000 meters;

For bridge works: 5 meters from behind the retaining wall;

c) It is mandatory to set up stakes at administrative boundaries; additional stakes may be set up at curves, bridges, and culverts to ensure sufficient conditions for land clearance.

2.2. Specifications of Stakes:

a) As prescribed in the Industry Standard Traffic Sign Regulations 22TCN-237-01 (annexed to Decision No. 4393/2001/QĐ-BGTVT dated December 20, 2001 of the Minister of Transport);

b) The front face bears the inscription "LAND CLEARANCE" facing the road, with "TTBG" on the two side faces; letters are engraved 3mm-5mm deep into concrete, 6cm high, 1cm wide, painted red;

c) The part of the stake above ground level is 40cm high (excluding the base), painted white on all four sides, with the top of the stake 8cm high, painted red.

3. Other Provisions when Setting Up Road Boundary and Land Clearance Stakes

3.1. Stake Placement Method:

a) Stakes must be driven vertically, perpendicular to the centerline of the route;

b) The permissible deviation when setting stakes is 20cm;

c) The entire system of road boundary and land clearance stakes must be marked on the map, with accurate coordinates and consistent with the handover record;

d) At locations where stakes cannot be set, they may be placed in stable terrain but only along the longitudinal direction of the route, and detailed explanations must be included in the land clearance completion documentation. On the stake, the distance of the stake placement and an arrow indicating the direction of stake placement must be noted.

3.2. Stake Placement for Footpaths:

a) For footpaths, only land clearance stakes are set up;

b) Stake Positioning:

Across the cross-section of the route: placed outward from the edge of the structure, determined by lateral measurement of 2 meters each side; Along the longitudinal section of the route: stakes are set up sufficiently to ensure land clearance work;

c) Specifications of Stakes: wooden stakes, dimensions 5cm x 5cm x 50cm, with the top of the stake painted red over a length of 8cm.

3.3. Time for Stake Placement:

a) Completed within 30 days from the date the project is approved;

In urgent cases requiring immediate stake placement for timely land clearance, the project management board may request the consultant to set up temporary wooden stakes before the specified time. Temporary stake placement must ensure sufficient conditions for land clearance until permanent concrete stakes are installed.

b) When difficult terrain makes one-step stake placement costly, the consultant must prepare a two-step stake placement plan:

Step 1: Set up before conducting measurements and inventory of structures and assets on the land. Temporary wooden stakes are set up in sufficient quantities to ensure land clearance work;

Step 2: Install concrete reinforced stakes as prescribed.

3.4. Implementing Unit:

The consulting survey and design of the project is responsible for setting boundary stakes;

In special cases, if another entity is to set boundary stakes, there must be a decision from the higher authority of the Project Owner;

4. Boundary stakes for borrowed land for construction purposes;

4.1. Specifications of stakes:

Wooden stakes with dimensions of 5cm x 5cm x 50cm, the top of the stake painted red, over a length of 8cm;

4.2. Location of stakes:

Apply specifically according to the terrain to ensure the determination of the boundaries of borrowed land;

4.3. Time of setting stakes:

Concurrent with the approval time of the construction plan;

4.4. Implementing entity:

The construction contractor is responsible for setting boundary stakes;

5. Use of maps in implementing the project;

5.1. Types of maps related to land management shall be implemented in accordance with the provisions of the Land Law, specifically using the VN-2000 system, pursuant to Decision No. 83/2000/QĐ-TTg dated July 12, 2000;

5.2. For projects passing through forest land areas, where no compensation and land clearance is required, the map scale shall not be less than 1/25,000;

5.3. For projects passing through areas of farmland, residential houses, and structures, where compensation and land clearance is required, the map scale shall be 1/1,000;

5.4. The scale of the map and size of drawings for announcing the route direction and other contents shall be specified by the Project Management Board;

Article 4. Demining work;

Demining work is a separate package of the project, organized and carried out in accordance with the current regulations of the Ministry of National Defense;

1. Steps to carry out;

1.1. Preparation and review of preliminary estimate for demining during the investment preparation phase;

a) Preparation of preliminary estimate: The Project Management Board bases on the survey and design documents to determine the area requiring demining and unit prices to prepare the preliminary estimate of the investment capital according to Circular No. 146/2007/TT-BQP dated September 11, 2007 of the Ministry of National Defense guiding the implementation of Decision No. 96/2006/QĐ-TTg dated May 4, 2006;

b) Review of preliminary estimate: Summarize the preliminary estimate amount into the total investment amount and submit for approval together with the first step of the project;

1.2. Implementation of demining work during the project execution phase;

a) Step 1 - Survey, develop technical construction plan, budget estimate;

The Project Management Board signs a contract with the Center for Bomb, Mine, and Explosive Disposal Technology / Engineering Corps Command - the unit assigned the task of surveying and developing the bomb, mine, and explosive disposal plan;

The survey unit develops the bomb, mine, and explosive disposal plan, conducts site surveys, develops a technical construction plan - budget estimate, and submits the documents to the Engineering Corps Command for review, reporting to the General Staff for approval;

After the General Staff's approval, the Project Owner (Project Management Board) incorporates the bomb, mine, and explosive disposal budget estimate into the overall budget estimate and submits for approval together with the second step of the project;

b) Step 2 - Signing contracts and organizing construction;

Based on the task assignment decision of the General Staff, the Project Management Board proceeds to sign contracts with the designated construction units;

The construction unit receives the construction site, develops a construction plan, reports to the Project Management Board for consideration and approval, coordinates with relevant agencies to construct according to the signed contract;

The Engineering Corps Command takes the lead, coordinating with the Project Management Board and relevant agencies to organize inspection and supervision of bomb, mine, and explosive disposal construction;

1.3. Acceptance and handover;

a) After completing construction, the implementing unit reports to the Project Management Board to organize acceptance and final settlement;

b) The Project Owner (Project Management Board) organizes acceptance in accordance with Article 34 of Decision No. 95/2003/QĐ-BQP dated August 7, 2003 of the Ministry of National Defense promulgating the Technical Procedures for Searching and Handling Bombs, Mines, and Explosives (hereinafter referred to as Decision No. 95/2003/QĐ-BQP dated August 7, 2003) and current directives of the Ministry of National Defense, storing project files along with project documents;

2. Scope of demining work;

2.1. Area:

The entire portion of land within the boundary stakes of the road right-of-way;

2.2. Depth:

According to Article 5 of Decision No. 95/2003/QĐ-BQP dated August 7, 2003, it is 3 meters;

2.3. Special cases:

Applies to bridge, culvert, retaining wall... works according to Article 5 of Decision No. 95/2003/QĐ-BQP dated August 7, 2003;

3. Required documents for demining work;

Fully implement all types of documents and texts according to Directive No. 6312/QP dated December 13, 2004 of the Ministry of National Defense on applying technology and budget estimates, searching and handling bombs, mines, and explosives, and guidance from the Project Management Board.

Article 5. Procedures and contents for compensation and land clearance work

1. General process

1.1. Project announcement:

Based on the project proposal approved by the Government and specific implementation plans, the Project Investor shall announce the project (alignment, start date, land clearance requirements, etc.) to the People's Committees of provinces where the project passes through so that localities can proactively manage land clearance work.

1.2. Preparation of overall land clearance plan:

a) Consulting entities shall conduct surveys and designs to prepare the overall land clearance plan during the survey, design, and investment project preparation stages. The implementation content follows Article 51 of Decree No. 84/2007/ND-CP dated May 25, 2007, of the Government detailing additional provisions on issuing land use right certificates, procedures for compensation, support, and resettlement when the State recovers land, and handling complaints about land (hereinafter referred to as Decree No. 84/2007/ND-CP dated May 25, 2007). During the implementation process, the consulting entity shall coordinate with the locality to preliminarily determine the plan and estimate costs for land clearance work. Localities shall implement according to Article 51 of Decree No. 84/2007/ND-CP dated May 25, 2007;

b) In cases where localities cannot implement the overall land clearance plan due to time constraints, the Project Management Board shall review the plan documents, incorporate data into the total investment cost, and submit for approval together with the first phase of the project.

1.3. Signing land clearance contracts with localities:

After the project is approved, the Project Management Board shall direct consulting entities to complete the overall land clearance documentation, transfer it to the locality, and organize the signing of land clearance contracts with the locality; contracts for measurement, creation of cadastral maps, extraction of cadastral records for land recovery and allocation for projects; provision of advance funds according to the implementation plan.

1.4. Decision to temporarily allocate land for the project:

a) After receiving the decision approving the first phase of the project, the Project Management Board shall work with the locality, submit land allocation application documents, and receive the temporary land allocation decision;

b) The Project Management Board shall direct consulting entities to establish stakes layout plans, inspect, and sign contracts for consulting entities to set boundary stakes for roads, clear land, and hand over project boundary markers to the locality on both documents and site.

1.5. Preparation of detailed land clearance plans:

a) Localities shall base on the overall land clearance documentation to organize the preparation, examination, approval of detailed land clearance plans and budgets for compensation and land clearance implementation;

b) After receiving the detailed land clearance plan from the locality, the Project Management Board shall examine and submit it for approval by the Project Investor;

c) The Project Management Board shall transfer funds according to the contract to the locality.

1.6. Implementation of compensation:

a) Localities shall implement compensation according to the detailed land clearance plan;

b) The Project Management Board shall cooperate in publicizing, urging, and monitoring the compensation process.

1.7. Decision to officially allocate land for the project:

The Project Management Board shall work with the locality to receive the official land allocation decision for the project.

1.8. Settlement and finalization:

Localities shall settle and finalize expenses according to regulations, send three sets of documents to the Project Management Board for storage and project consolidation.

2. Process in certain specific cases:

For projects passing through areas without compensation, no timber harvesting, or low-value compensation:

The Project Management Board shall transfer documentation to the locality and agree to allow construction while simultaneously processing land clearance procedures according to regulations alongside construction to ensure project progress. In special cases, the Project Management Board shall apply current local regulations.

Article 6. Responsibility for Organizing Implementation

1. Land clearance activities under the Ministry of National Defense

1.1. Ministry of National Defense:

a) Approve the project, including the contents of land preparation work;

b) Lead coordination with relevant ministries, sectors, provincial People's Committees to resolve difficulties and obstacles regarding mechanisms and policies in land clearance work;

c) Direct the General Staff, military agencies, Military Region Commanders, Border Guard Force to create conditions and cooperate in implementing land clearance work.

1.2. General Staff:

a) Direct Project Management Board 47 and related units to carry out land preparation work according to regulations;

b) Directly address promptly any difficulties in land clearance work exceeding the capacity and authority of the Project Management Board;

c) Examine and approve documents within its authority and those delegated by the Ministry of National Defense.

1.3. Military Region Commanders along the route:

Assign tasks to Provincial Military Commands along the route to advise local Party committees and People's Committees to actively support land clearance work, participate in mobilizing the people to comply with land clearance policies and plans; implement land clearance work to ensure rapid and effective execution.

1.4. Border Guard Force Commander:

a) Participate with provincial People's Committees along the route according to Article 14 of Decree No. 34/2000/ND-CP dated August 18, 2000, of the Government on the Regulations of the border area of the Socialist Republic of Vietnam;

b) Direct Border Guard Commands at the provincial level to coordinate with local authorities and the Project Management Board to effectively implement land clearance work;

c) Direct Border Posts to work with localities to promote and mobilize all organizations and individuals about compensation, support, and resettlement policies for land clearance according to the land recovery decisions of competent state agencies and the project schedule approved by the Ministry of National Defense.

1.5. Units participating in the project implementation:

a) Survey and design consultants;

Actively coordinate with localities to fully implement land clearance work steps as stipulated in this Decision's Article 5 and the content agreed upon in the contract between the consultant and the Project Management Board;

Actively conduct surveys, prepare land clearance documentation, and timely submit for approval together with the project documentation.

The overall land clearance dossier must ensure all factors as prescribed in Article 51 of Decree No. 84/2007/NĐ-CP dated May 25, 2007; it must be approved by local authorities to facilitate land clearance work.

Assist localities in implementing specific land clearance plans as stipulated in Article 56 of Decree No. 84/2007/NĐ-CP dated May 25, 2007.

Hand over project dossiers and on-site conditions to the Project Management Board, relevant agencies, localities, implementing units, and related agencies as prescribed.

Supplement deficiencies and correct errors on drawings and on-site. Fulfill other requirements as specified by the Project Management Board.

Carry out the responsibilities of consulting units in supervising implementation.

b) Construction units:

Strictly comply with regulations and systems related to land clearance work.

Complete and hand over the acceptance of contents and tasks under land preparation work.

Closely cooperate with the Project Management Board and localities to resolve issues arising during land clearance to meet construction schedule requirements.

1.6. Appraisal Authority:

a) The Planning and Investment Department of the Ministry of National Defense shall appraise the overall land clearance plan - preliminary estimate together with the project dossier.

b) The Engineering Corps Command shall review the detailed land clearance dossier - budget estimates reported by localities for approval by the project sponsor along with construction design drawings - total budget estimate.

1.7. Project Management Board:

a) Fully implement the steps of land clearance work as prescribed in Article 5 of this Decision.

b) Direct consulting survey and design units to fully implement the steps of survey work and prepare land clearance dossiers as prescribed.

c) Coordinate with local land clearance councils and construction units to promptly resolve issues arising during the implementation process.

2. Land Clearance Organization at Local Level

2.1. Based on Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State reclaims land; Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government detailing additional provisions on issuing land use rights certificates, procedures, and compensation, support, and resettlement when the State reclaims land and handling complaints about land; Circular No. 1665/TTg-CN dated October 17, 2006 of the Prime Minister on managing land clearance work and clearing bombs, mines, and explosive remnants to serve transportation projects; related legal documents, and the characteristics of land clearance for Border Patrol Roads, the Ministry of National Defense may separate land clearance work into a separate tender package and transfer land clearance work for Border Patrol Road projects to localities for implementation.

2.2. The Ministry of National Defense authorizes Project Management Board 47 to directly work with People's Committees and provincial agencies where Border Patrol Road projects are located to resolve land clearance work for these projects.

2.3. Project Management Board 47 is allowed to participate in local land clearance councils as required by each locality.

Article 7. Implementation Provisions

This Decision takes effect 15 days from the date of publication in the Official Gazette.

The Project Sponsor (Project Management Board 47) is responsible for guiding and organizing the implementation of this Decision; inspecting and directing contractors, survey, and design units to coordinate with local compensation, support, and resettlement councils for projects passing through their areas.

3. The Chief of General Staff, Chiefs of Services, Heads of agencies and units concerned are responsible for enforcing this Decision.

Any issues arising during implementation shall be compiled by the Project Sponsor (Project Management Board) and submitted to the Ministry of National Defense for consideration and decision./.