Circular No. 17/2014/TT-BTNMT guiding the determination of boundaries, area, and the construction of rice cultivation land database

CIRCULAR

Guidelines for determining boundaries and area

and establishing rice cultivation land database

_____________ 

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Resolution No. 17/2011/QH13 dated November 22, 2011 of the National Assembly on land use planning until 2020 and five-year land use plan (2011-2015) at the national level;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director General of the National Land Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular guiding the determination of boundaries, area, and establishment of rice cultivation land database.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the determination of boundaries, area, and establishment of rice cultivation land database, rice cultivation water-irrigated land requiring protection, and strictly protected specialized rice cultivation water-irrigated land.

Article 2. Applicability

1. State management agencies; specialized agencies on natural resources and environment and other related agencies; land administration officials of communes, wards, towns.

2. Land users of rice cultivation land; organizations and individuals related to the use of rice cultivation land.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. The boundary of the rice cultivation land area is the outermost boundary line of one or more contiguous rice cultivation land parcels forming a closed loop, including the area of rice cultivation water-irrigated land requiring protection.

2. The boundary of the rice cultivation water-irrigated land area requiring protection is the outermost boundary line of one or more contiguous rice cultivation water-irrigated land parcels allocated by the higher-level land use plan and plan, including the area of strictly protected specialized rice cultivation water-irrigated land.

3. The boundary of the strictly protected specialized rice cultivation water-irrigated land area is the outermost boundary line of one or more contiguous specialized rice cultivation water-irrigated land parcels within the rice cultivation land area requiring protection.

4. The rice cultivation land database is a structured set of information about rice cultivation land organized for electronic access, exploitation, management, and regular updating. The rice cultivation land database is a component of the land database.

Chapter II

DETERMINATION OF BOUNDARIES AND AREA OF RICE CULTIVATION LAND

Article 4. Principles, requirements, and participants in determining boundaries and area of rice cultivation land

1. The determination of boundaries and area of rice cultivation land, rice cultivation water-irrigated land requiring protection, and strictly protected specialized rice cultivation water-irrigated land is carried out directly at commune, ward, town levels (hereinafter referred to as commune level); compiled into the rice cultivation land database of district, county, town, city under province levels (hereinafter referred to as district level), province, centrally-administered city levels (hereinafter referred to as provincial level), and nationwide.

2. Ensuring consistency with the location and allocation criteria of the higher-level land use plan and plan already approved by the competent authority.

3. Participants in determining boundaries and area of rice cultivation land include the Department of Natural Resources and Environment; People's Committee at district level; People's Committee at commune level.

Article 5. Basis for determining boundaries and area of rice cultivation land

1. The basis for determining boundaries and area of rice cultivation land, rice cultivation water-irrigated land requiring protection, and strictly protected specialized rice cultivation water-irrigated land includes:

a) Land administration files;

b) Statistical data, land inventory results, and current land use maps;

c) Report and map of the land use plan at district level.

In case there are reports and maps of the land use plan at commune level, the commune and district level reports and maps shall be used;

d) Allocation criteria for the area of rice cultivation land and specialized rice cultivation water-irrigated land by the higher-level land use plan and plan during the planning period;

đ) Report and map of the new rural construction plan (if available);

e) Report and map of the classification of rice cultivation land (if available);

g) Report and map of the rice cultivation land use plan (if available).

2. The base map for determining boundaries and area of rice cultivation land is the base map for compiling the current land use map at commune level at a scale of 1:1,000 - 1:10,000.

Article 6. Procedures, contents, and responsibilities for determining boundaries and areas of rice-growing land

1. The Commune People's Committee has the responsibility:

a) Organize the collection of information and documents as prescribed in Article 5 of this Circular.

b) Based on the information and documents collected under Point a Clause 1 of this Article, conduct preliminary demarcation and mapping onto the base map of the boundaries of areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land.

In cases where there is no village-level land use planning map, the preliminary demarcation of boundaries of areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land shall be carried out on the following priority documents: The district-level land use planning map; the new rural construction planning map; the classification map of rice-growing land; the rice-growing land use planning map.

c) Determining boundaries on-site shall be conducted as follows:

- Adjust and unify the boundaries of rice-growing land, rice-growing land requiring protection, and strictly protected specialized rice-growing water land on the map and on-site. In cases where conditions and bases for unifying the boundaries and areas of rice-growing land, rice-growing land requiring protection, and strictly protected specialized rice-growing water land are not sufficient, direct measurement must be conducted.

- Determine coordinates at turning points of the boundary lines of areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land.

d) Determining and summarizing the area of rice-growing land shall be conducted as follows:

- Determining the area for each area of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land shall be done using the method of summing up areas from cadastral parcels or parcel division maps. In cases where some rice-growing parcels have not been measured and determined on the cadastral map, direct measurement must be conducted.

- Based on the results of determining the areas of areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land, summarize the areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land of villages, towns, and townships.

đ) Summarizing data on boundaries and areas of rice-growing land shall be conducted as follows:

Standardize, edit, and complete the map determining boundaries and areas of rice-growing land. The map needs to show boundaries and coordinates of turning points of the boundary lines of areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land. Elements and contents of the map determining boundaries and areas of rice-growing land according to Appendix No. 05 issued together with this Circular.

2. People's Committees at the commune level, People's Committees at the district level, and Departments of Natural Resources and Environment organize inspections, prepare inspection records to confirm the results of determining boundaries and areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land (inspection record templates follow the provisions of Appendix No. 01 issued together with this Circular).

3. Commune-level People's Committees complete files and submit them to district-level People's Committees for approval of the results of determining boundaries and areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land (report templates follow the provisions of Appendix No. 02 issued together with this Circular).

4. District-level People's Committees approve the results of determining boundaries and areas of rice-growing land, rice-growing water land requiring protection, and strictly protected specialized rice-growing water land (approval decision templates follow the provisions of Appendix No. 03 issued together with this Circular).

5. In cases where the total area of rice-growing land determined does not match the statistical and inventory figures of rice-growing land and the allocation criteria of higher-level land use plans, before preparing inspection records to confirm the results, commune-level People's Committees report to district-level People's Committees to submit to provincial-level People's Committees for consideration and decision based on the determined area of rice-growing land as stipulated in Point d Clause 1 Article 6 of this Circular.

Article 7. Publicizing the results of determining boundaries and areas of rice-growing land

1. The Commune People's Committee has the responsibility:

a) Organize the placement of warning signs in areas of dedicated irrigated rice fields that need strict protection. Each area of dedicated irrigated rice fields that need strict protection shall have one sign.

The model of the warning sign shall be implemented according to Appendix No. 04 attached hereto, including the following contents:

- Location for placing the warning sign: at the edge of areas of dedicated irrigated rice fields that need strict protection, at locations convenient for traffic and easy to observe.

- Specifications of the warning sign, including: material is durable material; height of the signpost is 2m; size of the board: 1m x 1m, on the board draw a schematic diagram of the area of dedicated irrigated rice fields that need strict protection, with drawings of surrounding water management and traffic elements;

- Requirements for displaying information on the warning sign, including: location of the paddy field, commune, district; area of the rice-growing land.

b) Publicly announce the map of boundaries and areas of rice-growing land, rice-growing irrigated land that needs protection, dedicated irrigated rice fields that need strict protection at the office of the People's Committee of the commune throughout the planning and land use period.

2. The Department of Natural Resources and Environment shall be responsible for publicly announcing the map of boundaries and areas of rice-growing land, rice-growing irrigated land that needs protection, dedicated irrigated rice fields that need strict protection of the locality at its workplace.

3. The Provincial Department of Natural Resources and Environment shall be responsible for publicly announcing the results of determining boundaries and areas of rice-growing land, rice-growing irrigated land that needs protection, dedicated irrigated rice fields that need strict protection of the locality on the electronic information website of the Provincial Department of Natural Resources and Environment.

Article 8. Management of records of boundaries and areas of rice-growing land

1. Records of boundaries and areas of rice-growing land include:

a) Map of boundaries and areas of rice-growing land, rice-growing irrigated land that needs protection, and dedicated irrigated rice fields that need strict protection;

b) Inspection report and confirmation of the results of determining boundaries and areas of rice-growing land, rice-growing irrigated land that needs protection, and dedicated irrigated rice fields that need strict protection;

c) Decision approving the results of determining boundaries and areas of rice-growing land, rice-growing irrigated land that needs protection, and dedicated irrigated rice fields that need strict protection of the commune by the People's Committee of the district.

2. Records of determining boundaries and areas of rice-growing land shall be kept at the People's Committee of the commune one set (original and copy); the Department of Natural Resources and Environment of the district one set (original); the Provincial Department of Natural Resources and Environment one set (original); the Ministry of Natural Resources and Environment one set (original).

Chapter III

BUILDING DATABASE OF RICE-GROWING LAND

Article 9. Principles and requirements for building the database of rice-growing land

1. Principles and requirements for building the database of rice-growing land shall be carried out according to the provisions of Article 4 of Circular No. 04/2013/TT-BTNMT dated April 24, 2013, issued by the Minister of Natural Resources and Environment on the construction of land database.

2. In cases where the database of rice-growing land of localities has been established but does not comply with the provisions of this Circular, it must be updated, standardized, and converted to be in compliance.

Article 10. Content, structure, and type of information of the rice-growing land data

1. Content of rice-growing land data:

Rice-growing land data includes groups of data already specified in Points a, b, d, đ, e, g, h, i Clause 1 Article 4 of Circular No. 17/2010/TT-BTNMT dated October 4, 2010, issued by the Minister of Natural Resources and Environment on technical standards for land administration data (hereinafter referred to as Circular No. 17/2010/TT-BTNMT) and the following groups of data:

a) Group of data on management and use of rice-growing land including spatial data and attribute data on boundaries of rice-growing land areas, boundaries of areas of rice-growing irrigated land that need protection, boundaries of areas of dedicated irrigated rice fields that need strict protection; boundaries of areas of rice-growing land changing purpose of use during the land use planning period.

b) Other data related to rice-growing land (if any) such as survey data, soil quality data, land potential, degradation, soil pollution, agricultural land classification.

2. The content, structure, and type of information of rice-growing land data shall be supplemented with the information fields prescribed in Appendix No. 06 attached hereto.

Article 11. Responsibilities for constructing, managing, exploiting, using, updating, and inspecting the rice cultivation land database

1. The responsibilities for constructing, managing, exploiting, and using the rice cultivation land database shall be implemented in accordance with the provisions of Article 7 of Circular No. 04/2013/TT-BTNMT dated April 24, 2013, issued by the Minister of Natural Resources and Environment on the construction of the land database.

2. Provisions on updating the rice cultivation land database

a) The land registration office under the natural resources and environment authority shall be responsible for updating the rice cultivation land data when there are changes, based on the decision of the competent state agency;

b) The deadline for updating the rice cultivation land data when there are changes is five working days from the date of the decision of the competent state agency.

3. Provisions on inspecting the updating of the rice cultivation land database

a) Annually, the Department of Natural Resources and Environment shall be responsible for organizing periodic inspections every six months regarding the construction and updating of provincial and district-level rice cultivation land data, and reporting to the National Land Management General Department (to be submitted before June 15 and December 15 each year);

b) The National Land Management General Department shall implement inspections of the national rice cultivation land database according to regulations.

Article 12. Consolidation and synchronization of the rice cultivation land database

The consolidation and synchronization of the rice cultivation land database shall be carried out in accordance with the provisions of Clause 3, Article 13 of Circular No. 17/2010/TT-BTNMT.

Article 13. Management of the rice cultivation land database

1. Ensuring the safety of the rice cultivation land information system

a) The responsibility for ensuring the safety of the rice cultivation land information system shall be implemented in accordance with Points a, b, and c of Clause 1, Article 14 of Circular No. 17/2010/TT-BTNMT.

b) Backing up the rice cultivation land database

- The rice cultivation land database must be backed up to storage devices on a weekly, monthly, and annual basis to prevent operational data incidents, data loss during management and use;

- Weekly backup data must be retained for at least three months; monthly backups must be retained for at least one year; annual backups must be retained permanently and stored in at least two locations.

2. Provisions on data confidentiality

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

Article 14. Exploitation and use of the rice cultivation land database

1. The exploitation and use of the rice cultivation land database shall be carried out in accordance with Clauses 1, 3, 4, 5, and 6 of Article 15 of Circular No. 17/2010/TT-BTNMT.

2. Information provided from the rice cultivation land database in paper or digital form includes the information specified in Clause 1 of Article 8 of this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from July 1, 2014.

Article 16. Responsibility for Implementation

The Minister, the heads of ministries equivalent to ministries, agencies under the Government, Chairpersons of People's Committees of provinces and centrally-administered cities, Directors of the National Land Management General Department, heads of units under the Ministry of Natural Resources and Environment, and relevant organizations and individuals shall be responsible for implementing this Circular.

During implementation, if there are difficulties, agencies, organizations, and individuals shall promptly report to the Ministry of Natural Resources and Environment for consideration and decision./.