Circular No. 21/2011/TT-BTNMT amends the regulations on the establishment of cadastral maps at scales of 1:200, 1:500, 1:1000, 1:2000, 1:5000, and 1:10000 attached to Decision No. 08/2008/QĐ-BTNMT dated November 10, 2008 of the Minister of Natural Resources and Environment.

CIRCULAR

Amending and supplementing certain contents of the Regulation on the establishment of cadastral maps at scales of 1:200, 1:500, 1:1000, 1:2000, 1:5000, and 1:10000 issued together with Decision No. 08/2008/QĐ-BTNMT dated November 10, 2008, of the Minister of Natural Resources and Environment.

Amending and supplementing certain contents of the Regulation on the establishment of cadastral maps at scales of 1:200, 1:500, 1:1000, 1:2000, 1:5000, and 1:10000 issued together with Decision No. 08/2008/QĐ-BTNMT dated November 10, 2008, of the Minister of Natural Resources and Environment.

On the basis 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; Decree No. 19/2010/NĐ-CP dated May 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.

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Based on the Land Law dated November 26, 2003;

Amending and supplementing certain contents of the Regulation on the establishment of cadastral maps at scales of 1:200, 1:500, 1:1000, 1:2000, 1:5000, and 1:10000 issued together with Decision No. 08/2008/QĐ-BTNMT dated November 10, 2008, of the Minister of Natural Resources and Environment (hereinafter referred to as the 2008 Regulation) as follows:

At the proposal of the Director General of the Land Administration Department, the Director of the Science and Technology Department, and the Director of the Legal Affairs Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. 1. Amending and supplementing Clause 1.11 Section 1 as follows:

"1.11. When measuring the cadastral grid, elevation grid, control survey grid, and detailed cadastral map drawing using surveying equipment without automatic recording capabilities for station information and measurements, full field books must be recorded and submitted according to regulations; in cases where equipment only records measurement values but does not record complete station information as required in the Station Logbook, a Station Logbook must be established to record station information and submitted along with the measurement data files."

The format of the logbooks and calculation forms used during the construction process must comply strictly with the templates prescribed by the Ministry of Natural Resources and Environment. The template for the Station Logbook is specified in Appendix 1 attached to this Circular.

2. Amending and supplementing Point 1 Clause 3.9 Section 3 as follows:

"1. The boundary of land use of a plot of land (abbreviated as RGSDĐ) is the demarcation line defining the scope of land use by each land user for a specific purpose as stipulated in Appendix 8 of the 2008 Regulation.

In cases where garden and pond lands attached to residential houses in residential areas cannot be clearly delineated from other types of land by the land users, the boundary of the plot shall be determined as the perimeter of the entire area of garden, pond, and house, and on the cadastral map, the purpose of residential land and current agricultural purposes must be clearly marked according to regulations.

In cases where the production agricultural land boundary, forestry land, salt-making land, and aquaculture land boundary is a shared plot border with a width less than 0.5 meters, the boundary is determined by the centerline of the border (the border area is evenly divided among the parties); if it is 0.5 meters or more, the boundary is the edge of the border (the border area is considered part of the internal road area).

3. Amending Clause 4.27 Section 4 as follows:

"4.27. The cadastral grid constructed using the traverse method must be rigorously adjusted. In calculations and final results, angle values should be rounded to whole seconds, coordinate and elevation values should be rounded to millimeters (0.001m).

4. Amending Clause 4.33 Section 4 as follows:

"4.33. The cadastral grid constructed using GPS technology must be rigorously adjusted. During preliminary calculations, the following criteria must be met:

1. Solution accepted: Fixed

2. Ratio: > 1.5

3. RMS: < 0.02 + 0.004 * Skm

4. Reference Variance: < 30.0

5. RDOP: < 0.1

The Ratio criterion is only considered when the solution is Fixed.

Note:

The RDOP criterion is only considered when other criteria are not met to decide whether to recalculate, eliminate, or remeasure.

If one of the Reference and Variance or RMS values exceeds the above criteria but not more than 1.5 times, a triangle closure, polygon closure, and initial adjustment must be performed to decide whether to recalculate, eliminate, or remeasure. In special cases, it is not allowed to exceed twice the permissible error limit. The number of sides with one of the two values exceeding twice the permissible error limit must not exceed 10% of the total number of sides in the grid.

It is permitted to change the default value of the filter parameter (edit multiplier) but it must not be less than 2.5.

It is permitted to exclude satellite signals received at low elevations relative to the horizon (elevation cutoff) but it must not exceed 30.

The number of iterations in the calculation process must not exceed ten times.⁰.

It is permitted to reset the start or end time of the data entry process for calculation but it must not exceed 30% of the total observation time.

5. Amending the provisions on the establishment of boundary descriptions and plot markers at Clause 7.13 Section 7 and Clause 9.10 Section 9 as follows:

a) Amending Clause 7.13 Section 7:

"7.13. Before detailed mapping, surveyors must cooperate with local authorities and request land users to present relevant documents related to the plot (unofficial copies may be provided without notarization), and together with neighboring land users, determine the boundaries of the plot and mark them with iron nails, paint marks, concrete stakes, or wooden stakes at the corners of the plot boundary; at the same time, a boundary description must be established to serve detailed mapping of the plot.

A boundary description and plot marker for each plot must be established according to the template specified in Appendix 2 attached to this Circular. The following cases do not require the establishment of a boundary description and plot marker:

Plots with agreements or documents determining the boundaries and markers that have not changed.

The land plot has agreements or documents determining the land boundary markers and boundaries that do not change the land plot boundaries;

- The parcel of land has one of the types of documents regarding the right to use land specified in Clauses 1, 2, and 5 of Article 50 of the Land Law or Certificate of Right to Use Land or Certificate of Ownership of Housing and Right to Use Residential Land or Certificate of Right to Use Land, Ownership of Housing and Other Assets Attached to the Land, which clearly show the common boundary of the parcel with adjacent parcels and the current state of the parcel's boundary has not changed compared to the document on the right to use land;

- For agricultural production land, forestry land, salt-making land, aquaculture land with stable banks serving as the common boundaries of the parcels.

In cases where it is not necessary to prepare the Description of Boundaries and Markers for Land Use as mentioned above, the map must be publicly announced and a Record of Public Announcement must be established according to the provisions of Regulation 2008.

If there is a dispute over the boundaries of the parcel of land, the surveying unit shall notify the People's Committee at the commune level to resolve the dispute in accordance with the laws on land, and the boundaries of the parcel of land shall be surveyed based on the results of resolving the dispute. In cases where the dispute has not been resolved during the time of surveying in the locality, the surveying shall be conducted based on the actual boundaries currently in use, and the surveying unit shall be responsible for preparing a description of the current status of the disputed land use in two (02) copies, one copy to be kept in the surveying file, and one copy to be sent to the People's Committee at the commune level to resolve the dispute.

b) Amend Clause 9.10 of Section 9:

“9.10. Based on the results of registering the right to use land, issuing certificates of the right to use land, ownership of housing and attached assets, the provincial natural resources and environment authority shall organize the revision of the cadastral map in accordance with the results of registering the right to use land, issue certificates and other related documents to submit for storage, exploitation, and use according to the provisions of Section 10 of Regulation 2008.

The stored data file must ensure that it is in a closed format, not freely editable.

c) Repeal Appendix 10a issued together with Regulation 2008 concerning the model Description of Boundaries and Markers of the Parcel of Land.

6. Amend Clause 7.15 of Section 7 as follows:

“7.15. During the detailed mapping process, at each station, control points must be arranged for checking with adjacent stations. The number of check points depends on the area being measured and must be no less than two points for each adjacent station.

7. Repeal the provisions on technical files of the parcel of land as follows:

Repeal the provisions related to the establishment, verification, and submission of technical files of the parcel of land stipulated in Clause 2.24, Point 4 of Clause 7.9, Point 9 of Clause 7.10, Point 4 of Clause 7.18, Clauses 7.34, 9.8, 9.10, 10.6, 10.8, and Appendix 11 of Regulation 2008.

8. Amend and supplement the provisions on confirmation of survey results by land users and land registration:

a) Repeal Appendix 13a and the relevant provisions on the establishment of tables for statistical area, type of land, and land users based on the current status of cadastral maps stipulated in Point 4 of Clause 7.9, Point 9 of Clause 7.10, Clause 7.33 of Section 7, and Clause 9.7 of Section 9 of Regulation 2008.

b) Supplement Point 9.6a into Section 9 as follows:

“9.6a. Handover and receipt of cadastral survey results of the parcel of land combined with land registration and registration of attached assets as follows:

After the cadastral map is accepted by the construction unit, the surveying unit prints out the cadastral survey results of the parcel of land according to the model prescribed in Appendix 3 issued together with this Circular and hands them over to the land user for inspection and to make a request for issuance of a new certificate or replacement of the Certificate or registration of changes according to regulations. In case errors are found in the cadastral survey results of the parcel of land, the land user shall report to the surveying unit for checking, correction, and supplementation.

In case the parcel of land has already been issued a Certificate and there is no change in land use and the land user does not request a replacement of the Certificate, the land user shall confirm the cadastral survey results of the parcel of land and return them to the surveying unit as the basis for establishing the cadastral file.

9. Supplement Clause 9.11 into Section 9 of Regulation 2008 as follows:

“9.11. When organizations, households, individuals, and community residents have a need to provide information about the parcel of land, the Registration Office of Land Rights shall extract the parcel of land from the cadastral map to provide. The extracted parcel of land shall be prepared according to the model prescribed in Appendix 4 issued together with this Circular.

In case organizations, households, individuals, and community residents have a need to supplement additional information beyond those provided in Appendix 4 issued together with this Circular and the cadastral map or cadastral database can meet such needs, the Registration Office of Land Rights shall implement the extraction of the parcel of land according to the requirements of the person requesting the provision of information, except for information that must be kept confidential according to the law.”

Article 2. This Circular takes effect from August 6, 2011.

Article 3. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees, Deputy Directors General of the Land Management Department, Heads of Units under the Ministry, and relevant organizations and individuals are responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, agencies and organizations shall reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.