Circular No. 17/2010/TT-BTNMT on technical standards for cadastral data

CIRCULAR

Technical regulations on land administration data standards

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Based on the Land Law dated November 26, 2003;

Based on the Law amending and supplementing Article 126 of the Housing Law No. 56/2005/QH11 and Article 121 of the Land Law No. 13/2003/QH11 dated June 18, 2009;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Based on Decree No. 17/2006/NĐ-CP dated January 27, 2006 of the Government on amending and supplementing some articles of decrees guiding the implementation of the Land Law;

Based on Decree No. 84/2007/NĐ-CP dated May 25, 2007 on issuing land use rights certificates, recovering land, implementing land use rights, procedures and formalities for compensation, support, and resettlement when the State recovers land, and resolving complaints about land;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Based on Decree No. 19/2010/NĐ-CP dated March 5, 2010 of the Government amending and supplementing points c, d, g, h, and i Clause 5 Article 2 of Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government Decree No. 102/2008/NĐ-CP, September 15, 2008, on the collection, management, exploitation, and utilization of data on natural resources and the environment;

Pursuant to Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government on additional provisions regarding land use planning, land prices, land recovery, compensation, support, and resettlement;

Based on Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on issuing land use rights certificates, ownership certificates of houses, and other assets attached to land;

Based on Decision No. 179/2004/QĐ-TTg dated October 6, 2004 of the Prime Minister approving the Strategy for the application and development of information technology in natural resources and environment until 2015 and orientation until 2020.

The Ministry of Natural Resources and Environment stipulates technical regulations on land administration data standards as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the content and structure of data; spatial and temporal reference systems; metadata; data quality; presentation, exchange, and distribution of data; construction, updating, management, and utilization of data for land administration data throughout the country.

Article 2. Applicability

The objects subject to this Circular include state administrative agencies, specialized agencies on natural resources and environment, land officers at communes, wards, towns, and organizations and individuals participating in activities related to the construction, updating, management, utilization, inspection, and acceptance of land administration data.

Article 3. Explanation of terms and abbreviations

In this Circular, the following terms are understood as follows:

1. Land administration information system: is a system consisting of land administration databases, hardware, software, and computer networks linked according to a defined model.

2. Land administration data: is spatial land administration data, attribute land administration data, and other related data.

3. Land administration database: is a structured collection of land administration data.

4. Spatial land administration data: is data on the location and shape of land plots, houses, and other assets attached to land; data on hydrological systems, irrigation systems; road transportation systems; control point data; boundary and administrative boundary data; place name data and other annotations; planning boundary and control mark data for land use planning, construction planning, transportation planning, and other types of planning, administrative boundary lines for safe protection of works.

5. Attribute land administration data: is data on land managers, land users, owners of houses and other assets attached to land, organizations and individuals related to land transactions, house transactions, and other asset transactions attached to land; attribute data on land plots, houses, and other assets attached to land; data on the status of land plot usage, house usage, and other asset usage attached to land; data on rights and obligations in land use, house ownership, and other asset ownership attached to land; land transaction data, house transaction data, and other asset transaction data attached to land.

6. Metadata: is information describing data.

7. Data structure: is the organization of data that computers reflects the hierarchical and interconnection of data groups.

8. Data information type: is the name, value type, and field length of data information.

9. VN-2000 System: National Coordinate Reference System and VN-2000 Coordinate System.

10. XML (eXtensible Markup Language): is an open extended language capable of describing various types of data using a unified language and used to share data between information systems.

11. GML (Geography Markup Language): is an encoding form of XML language to express geographic information content.

Chapter II

TECHNICAL REGULATIONS ON LAND ADMINISTRATION DATA STANDARDS

Article 4. Content, structure, and type of information of cadastral data

1. Content of cadastral data

Cadastral data includes the following groups of data:

a) Group of data on persons: including data on land managers, houses, and other assets attached to land, land users, owners of houses and other assets attached to land, persons related to transactions involving land, houses, and other assets attached to land;

b) Group of data on land parcels: including spatial data and attribute data of land parcels;

c) Group of data on assets attached to land: including spatial data and attribute data of houses and other assets attached to land;

d) Group of data on rights: including attribute data on the status of use of land parcels, houses, and other assets attached to land; restrictions and obligations in using land, owning houses, and other assets attached to land; transactions involving land, houses, and other assets attached to land;

đ) Group of data on water systems: including spatial data and attribute data on hydrological and irrigation systems;

e) Group of data on transportation: including spatial data and attribute data on the transportation road system;

g) Group of data on borders and administrative boundaries: including spatial data and attribute data on national border markers and lines, administrative boundary markers and lines at various levels;

h) Group of data on place names and annotations: including spatial data and attribute data on the location and names of topographic, hydrographic, residential, island, and other annotated objects;

i) Group of data on coordinate control points and elevations: including spatial data and attribute data on coordinate control points and elevations on-site for cadastral surveying and mapping;

k) Group of data on planning: including spatial data and attribute data on planning boundary lines and limits for land use planning, construction planning, transportation planning, and other types of planning; protective safety zone boundary lines.

2. Structure and type of information of cadastral data

Each group of information specified in Clause 1 of this Article is specifically reflected through the structure and type of information of the data.

The content, structure, and type of information of cadastral data are stipulated in Appendix I issued together with this Circular.

Article 5. Spatial and temporal reference systems applicable to cadastral data

1. Spatial reference system

a) Apply the National Reference System and National Coordinate System as prescribed in Decision No. 83/2000/QĐ-TTg dated July 12, 2000, of the Prime Minister on the application of the National Reference System and National Coordinate System VN-2000;

b) Apply the plane coordinate system, map projection grid, and coordinate calculation formula as prescribed in Circular No. 973/2001/TT-TCĐC dated June 20, 2001, of the General Department of Land Administration guiding the application of the National Reference System and National Coordinate System VN-2000

Parameters of the reference system, cadastral coordinate system, and central meridian for each province are stipulated in Appendix II issued together with this Circular.

2. Temporal reference system: Day, month, year according to the Gregorian calendar; hour, minute, second according to Vietnam time zone.

Article 6. Metadata for cadastral data

1. Metadata for cadastral data is established for cadastral databases at all levels, for areas where cadastral records and maps are prepared, or for cadastral map sheets.

2. Metadata for cadastral data is established during the construction of cadastral databases and is updated when there are changes in the cadastral database.

3. Content of metadata for cadastral data includes groups of information describing the metadata itself, coordinate reference system, cadastral data, quality of cadastral data, and methods of exchanging and distributing cadastral data, specifically as follows:

a) Group of information describing metadata for cadastral data includes general information about the metadata such as the unit that established it, the date of establishment of the metadata;

b) Group of information describing the coordinate reference system includes information about the coordinate reference system applied to build the cadastral database;

c) Group of information describing cadastral data includes information about the current state of cadastral data; spatial and temporal data models used to represent cadastral data; information about keywords and topics in the cadastral data; information about the level of detail of cadastral data; information about units and organizations involved in the process of building, managing, and providing cadastral data; information about the spatial and temporal scope of cadastral data; information about constraints related to the exploitation and use of cadastral data;

d) Group of information describing the quality of cadastral data includes information about the source of the data; scope, method, and results of quality checking of cadastral data;

đ) Group of information describing methods of exchanging and distributing cadastral data includes information about methods, means, and formats for exchanging and distributing cadastral data.

The content, structure, and type of information of metadata for cadastral data are stipulated in Appendix III issued together with this Circular.

Article 7. Quality of Geospatial Data

1. The evaluation of geospatial data quality shall be carried out in accordance with the provisions of Circular No. 09/2007/TT-BTNMT dated August 2, 2007 of the Ministry of Natural Resources and Environment guiding the establishment, amendment, and management of land records, and Circular No. 05/2009/TT-BTNMT dated June 1, 2009 of the Ministry of Natural Resources and Environment guiding inspection, examination, and acceptance of land works and products.

2. The items and levels of inspection for the quality of geospatial database products are specified in Appendix IV issued together with this Circular.

Article 8. Presentation and Display of Geospatial Data

1. The presentation of attribute geospatial data shall be carried out in accordance with the provisions of Circular No. 09/2007/TT-BTNMT and Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Ministry of Natural Resources and Environment on Land Use Right Certificate, House Ownership Right Certificate, and Certificates for Other Assets Attached to Land.

2. The display of spatial geospatial data is regulated in Appendix V issued together with this Circular.

Article 9. Exchange, Distribution of Geospatial Data and Metadata

1. The data format standard used in the exchange and distribution of geospatial data shall be applied according to Geographic Markup Language (GML); the metadata format standard used in the exchange and distribution of geospatial metadata shall be applied according to Extensible Markup Language (XML).

2. Geospatial data and geospatial metadata shall be exchanged and distributed in the form of data files through data storage devices and data transmission services.

The application schema of GML, XML for the exchange and distribution of geospatial data and geospatial metadata is regulated in Appendix VI issued together with this Circular.

Chapter III

CONSTRUCTION, UPDATE, MANAGEMENT AND EXPLOITATION OF USE OF GEOSPATIAL DATABASES

Article 10. Principles for Construction, Update, Management and Exploitation of Use of Geospatial Databases

1. The construction, update, management, and exploitation of use of geospatial data must ensure accuracy, scientificity, objectivity, timeliness, and be implemented in accordance with current regulations on establishing land records, issuing Land Use Right Certificates, House Ownership Right Certificates, and Certificates for Other Assets Attached to Land as stipulated in Articles 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, and Article 15 of this Circular.

2. Commune, ward, town administrative units (hereinafter referred to collectively as commune level) are basic units for establishing geospatial databases.

The geospatial database at district, county, city under province level (hereinafter referred to collectively as district level) is a collection of geospatial databases of all commune-level administrative units within the district; for districts without directly subordinate commune-level administrative units, the district level is the basic unit for establishing geospatial databases.

The geospatial database at provincial, centrally governed city level (hereinafter referred to collectively as provincial level) is a collection of geospatial databases of all district-level administrative units within the province.

The central-level geospatial database is a consolidation of geospatial databases of all provincial-level administrative units nationwide. The degree of consolidation is specifically defined by the Land Administration General Department to suit the management requirements of each stage.

Article 11. Responsibilities for building, updating, managing, and exploiting the land administration database

1. The Land Management General Department shall be responsible for organizing the implementation of building, updating, managing, and exploiting the central-level land administration database.

2. The Department of Natural Resources and Environment shall be responsible for performing the following tasks:

a) Organize the building, updating, managing, and exploiting of the land administration database within the provincial territory;

b) Report to the Land Management General Department every six (06) months on the results of building, updating, and exploiting the land administration database within the provincial territory.

3. The provincial land registration office shall be responsible for:

a) Implementing the building, updating, managing, and exploiting of the provincial-level land administration database;

b) Providing information on land changes that have been updated to the district land registration offices to update the district-level land administration database;

c) Reporting to the Department of Natural Resources and Environment monthly on the results of building, updating, and exploiting the provincial-level land administration database;

d) Cooperating with the Information Technology Center under the Department of Natural Resources and Environment to build the local natural resources and environmental database.

4. The district land registration office shall be responsible for:

a) Implementing the building, updating, managing, and exploiting of the district-level land administration database;

b) Providing information on land changes that have been updated to the provincial land registration office to update the provincial-level land administration database;

c) Providing land administration data and information on land changes to the People's Committee at the commune level within its jurisdiction to serve land management tasks.

5. The People's Committee at the commune level shall be responsible for providing information on actual land use changes within the commune territory to the district land registration office to serve the updating of the land administration database.

Article 12. Building the land administration database

1. Spatial land administration data shall be built based on the results of land surveying and mapping processes and other related spatial land administration data sources.

2. Attribute land administration data shall be built based on the results of land surveying and mapping, land use rights registration, ownership registration of houses and other assets attached to land, land record establishment, and other related attribute land administration data sources.

3. In cases where the established land administration database does not comply with the technical regulations stipulated in this Circular, standardization and conversion must be carried out to ensure compliance. Standardization and conversion of the database shall be implemented according to the provisions of Circular No. 30/2009/TT-BTNMT dated December 31, 2009, regarding Procedures and Economic-Technical Norms for Building the Natural Resources and Environmental Database.

Article 13. Updating the land administration database

1. Basis for updating the land administration database

The updating of the land administration database at land registration offices at all levels shall be based on completed land change registration files.

2. Responsibilities for updating the land administration database at each level

a) Land registration offices at all levels shall be responsible for updating information on land changes, houses, and other assets attached to land into the land administration database under their management scope;

b) The provincial land registration office shall be responsible for checking and updating land change data, house data, and other asset data attached to land from district land registration offices into the provincial-level land administration database;

c) The district land registration office shall be responsible for updating land change data, house data, and other asset data attached to land from the provincial land registration office into the district-level land administration database.

3. Consolidation and synchronization of the land administration database between levels

a) Consolidation of land data from the provincial-level land administration database to the central-level land administration database:

The provincial land registration office shall be responsible for providing land data to build and update the central-level consolidated land administration database;

The Land Management General Department shall be responsible for implementing the building and updating of the central-level consolidated land administration database;

b) Synchronization of the land administration database between provincial and district levels:

When the district land registration office updates changes in the land administration database, the change data (digital land data and scanned file copies) shall be simultaneously transferred to the provincial land registration office for updating into the provincial-level land administration database. The provincial land registration office must check the validity of the change data before officially updating it into the provincial-level land administration database; if errors are detected, they must immediately notify the district land registration office to correct those errors.

When the provincial land registration office updates changes in the land administration database, the change data (digital land data and scanned file copies) shall be simultaneously transferred to the district land registration office for updating into the district-level land administration database.

4. Checking the updating of the land administration database

a) The natural resources and environment agency shall be responsible for organizing periodic checks once a month on the updating of the land administration database by subordinate land registration offices;

b) The Land Management General Department shall carry out periodic checks once a year on the updating of the central and provincial-level land administration databases.

5. Updating changes into the land administration database and transferring change data between levels must be carried out immediately upon completion of land registration procedures and files.

6. Updating the land administration database due to the establishment of new administrative units or adjustments to administrative boundaries:

a) In the case of establishing a new administrative unit or changing the name of an existing administrative unit at the provincial or district level without changing the administrative units at the commune level, only the name and code of the administrative unit shall be adjusted in the land registry database at the district and provincial levels where changes occur;

b) In the case of establishing a new administrative unit or adjusting the administrative boundaries at the commune level, the land registry database for the affected commune-level administrative units must be re-established based on the division and integration of the land registry databases of the relevant commune-level administrative units involved in the establishment or adjustment of administrative boundaries;

c) In the case of adjusting administrative boundaries between districts within a provincial administrative unit, the Land Registration Office at the district level related to the adjustment shall provide and update the land registry database under its management;

d) In the case of adjusting administrative boundaries between provinces, the Land Registration Office at the provincial level related to the adjustment shall be responsible for providing and updating the land registry database under its management;

Article 14. Management of the Land Registry Database

1. Ensuring the safety of land registry information systems

a) The General Department of Land Administration shall be responsible for ensuring the safety of the central land registry information system and approving the national land registry information system security solutions;

b) Provincial and district natural resources and environment agencies shall be responsible for ensuring the safety of the land registry information systems at their respective levels;

c) Provincial and district Land Registration Offices shall be responsible for implementing management, operational, and technical measures for the land registry information systems under their jurisdiction to ensure availability, accuracy, reliability, safety, security, and confidentiality of land registry data; conducting regular checks every three months to ensure the safety of the land registry information systems under their jurisdiction;

d) Backing up the land registry database:

- The land registry database must be stored with a backup copy simultaneously to be able to restore the database in case of an incident;

- The backup copy of the land registry database must be copied onto storage devices monthly and permanently stored;

2. Data confidentiality regime:

Printing, copying, photographing, transporting, receiving, transmitting, storing, preserving, providing, exploiting data, and other activities related to data within the scope of state secrets and personal secrets must comply with current laws;

Article 15. Exploitation and Use of the Land Registry Database

1. Providing information from the land registry database shall be carried out in the form of online information searches or through information provision request forms;

2. Information provided from the land registry database includes:

a Land parcel extracts;

b Copies of the Land Register and Land Inventory Books for each land parcel or each land user;

c Summary information from land registry data;

d Online land registry map information on the internet;

e) Extracts of the land registry database by area;

3. Subjects entitled to receive information services from the land registry database include:

a Individuals who exploit the content of the information specified in points a, b, c, and d of Clause 2 of this Article;

b Organizations that exploit the content of the information specified in Clause 2 of this Article;

4. Responsibility for providing information from the land registry database:

a) Units directly under the General Department of Land Administration responsible for storing land information shall provide comprehensive information about land registry data nationwide;

b) Provincial Land Registration Offices shall provide information about local land registry data as stipulated in Clauses 1, 2, and 3 of this Article and Clause 2 of Article 14 of this Circular;

c) District Land Registration Offices shall provide information about local land registry data according to the form and content stipulated in Clause 1 and points a, b, c, and d of Clause 2 of this Article and Clause 2 of Article 14 of this Circular;

d) Information-providing agencies must be responsible for the content of the information they provide and must confirm in writing the reliability of the information content when requested by the information user;

5. Provision of land information services via the Internet:

It is encouraged for information-providing agencies to organize online information provision services as stipulated in this Article;

6. Organizations and individuals exploiting land information must pay for information usage and service fees according to regulations.

Article 16. Inspection, Acceptance, and Submission of Land Administration Database

1. Responsibilities and procedures for organizing the inspection and acceptance of the land administration database shall be carried out in accordance with the provisions of Circular No. 05/2009/TT-BTNMT dated June 1, 2009, issued by the Minister of Natural Resources and Environment on guiding the inspection, review, and acceptance of land administration works and products.

2. The content and level of inspection of the land administration database shall be implemented in accordance with Article 7 of this Circular.

3. Submission of Products

Annually, before January 15, the Department of Natural Resources and Environment shall be responsible for submitting one (01) complete set of updated copies of the land administration database up to December 31 of the previous year to the unit under the Land Management General Department that has the function of storing land information for storage and utilization.

Chapter IV

IMPLEMENTATION

Article 17. Effective Date.

This Circular takes effect from November 19, 2010.

Article 18. Implementation Responsibility.

1. The Ministry of Natural Resources and Environment shall invest and direct the construction, updating, management, and utilization of the central-level land administration database.

2. The People's Committee of each province shall be responsible for investing and directing the construction, updating, management, and utilization of the land administration database within their respective provinces.

3. The Land Management General Department shall be responsible for guiding and supervising the implementation of this Circular.

4. The Departments of Natural Resources and Environment of the provinces and centrally-administered cities shall be responsible for implementing this Circular in accordance with its provisions.

During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly report them to the Land Management General Department under the Ministry of Natural Resources and Environment for consideration and resolution./.