Directive No. 28/2004/CT-TTg On land inventory in 2005

DIRECTIVE

On land inventory in 2005

To effectively implement periodic land inventory and create land use status maps every five years as stipulated by the Land Law, the Prime Minister instructs the Minister of Natural Resources and Environment to take the lead and coordinate with the Ministers, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, and Chairpersons of Provincial People's Committees and Municipal People's Committees directly under the Central Government to organize the implementation of land inventory and creation of land use status maps for 2005, ensuring the following main contents:

1. Requirements for land inventory

The land inventory in 2005 must clearly identify the land fund currently in use, the land fund that has been put into use but remains idle, unused land funds, assess the current land use situation and changes in land compared to the previous inventory period, the implementation of land planning and land use plans approved, complete land planning and land use plans until 2010, propose improvements to land policies and laws. The results of the inventory will be reflected in tables of data and on land use status maps at the national level, economic regions, and provincial, district, and commune levels.

2. Contents of land inventory and creation of land use status maps

a) Inventory of land area

The inventory of land area will be conducted nationwide, by administrative units, where communes, wards, towns (hereinafter referred to collectively as commune level) are the basic units for conducting the inventory. The results of the commune-level land inventory serve as the basis for compiling data from the district-level land inventory; the results of the district-level land inventory serve as the basis for compiling data from the provincial-level land inventory; the results of the provincial-level land inventory serve as the basis for compiling data from the economic region-level and national-level land inventories.

The inventory of land area at the commune level will be carried out according to the types of land specified in Article 13 and the land users specified in Article 9 of the 2003 Land Law. Data on land area by type and land user must be cross-referenced between cadastral records and the actual land use status, and displayed on cadastral maps. In the land area inventory data, it must clearly record the area of land that has been issued a Certificate of Land Use Right, the area that meets the conditions but has not yet received a Certificate of Land Use Right, the area currently being used in compliance or non-compliance with approved land use plans.

During the 2005 land inventory, detailed identification is required for the following types of land:

+ Land planned for forest planting, encircled for natural regeneration of forests but not yet allocated or leased for use; not yet allocated or leased for use but currently enclosed or illegally occupied; already allocated or leased but the land user still leaves it idle;

+ Bare hills and barren hills with potential for forest planting, encircled for natural regeneration of forests but not yet planned for such use;

+ Water bodies planned for aquaculture but not yet allocated or leased for use; not yet allocated or leased for use but currently enclosed or illegally occupied; already allocated or leased but the land user still leaves it idle;

+ Water bodies with potential for aquaculture but not yet planned for such use;

+ Land currently used by organizations including state-owned farms, forestry farms; organizations managing protective forests and special-use forests; state-owned enterprises that have been allocated land by the State without payment of land use fees; economic organizations that have been allocated land by the State with payment of land use fees or leased land; state agencies, political organizations, political-social organizations, and public service units currently using land; social organizations, social-professional organizations, and other organizations that have been allocated land by the State without payment of land use fees, allocated land with payment of land use fees, or leased land. The inventory data must clearly specify the area of land allocated by the State to state-owned enterprises without payment of land use fees but which has now transferred or leased land use rights;

+ Land within urban residential areas and rural residential areas including all types of land;

+ Land used for defense and security purposes including specific areas of land used for each purpose as stipulated in Article 89 of the 2003 Land Law.

b) Construction of land use status maps for 2005

Construction of land use status maps will be carried out nationwide, by administrative units, where the commune-level land use status map created based on cadastral maps during the land area inventory serves as the basic land use status map. The district-level land use status map is compiled from the commune-level land use status map; the provincial-level land use status map is compiled from the district-level land use status map; the land use status map of economic regions and the national land use status map are compiled from the provincial-level land use status map.

c) Report on land use status in 2005 and land use changes from 2001 to 2005

Based on the data from the 2005 land area inventory, the 2000 land inventory data, and the land statistics from 2001, 2002, 2003, and 2004, compile reports on the land use status at the end of 2005 and land use changes from 2001 to 2005 by land type and land user across the country, economic regions; central provinces and municipalities; districts, cities, and towns under provinces; communes, wards, and towns.

3. Inventory time and completion deadline

a) The inventory time will be uniformly implemented nationwide on January 1, 2005.

b) The deadlines for completing the land inventory, construction of land use status maps, and reporting on land use status and changes in land use are as follows:

+ Communes, wards, and towns must complete before April 30, 2005;

+ Districts, cities, and towns under provinces must complete before June 30, 2005;

+ Provinces and centrally-administered municipalities must complete before August 15, 2005;

+ Economic regions and the entire country must complete before October 31, 2005.

For land funds that have been planned for afforestation or have potential but have not yet been planned for afforestation or forest regeneration; land funds with water surfaces that have been planned for aquaculture or have potential but have not yet been planned for aquaculture, must complete the report on land use status and changes in land use to be submitted to the Prime Minister before September 30, 2005, so that the Government can report to the National Assembly, Session XI, at the end-of-year session in 2005.

4. Responsibilities of Ministries and People's Committees of provinces and centrally governed cities

a) The Ministry of Natural Resources and Environment shall be responsible:

+ To lead the development of the Land Inventory Project for 2005 to be submitted to the Prime Minister in July 2004;

+ To provide specific guidelines for land inventory forms, methods of displaying inventory data on cadastral maps, types of maps to replace cadastral maps in areas without cadastral maps, and methods of recording data in areas not yet reviewed for land use planning;

+ To organize the implementation of the Project; to direct, guide, train, and inspect the implementation of land inventory, creation of current land use maps, and preparation of reports on land use status for 2005 and changes in land use from 2001 to 2005;

+ To provide unified base maps for creating current land use maps for centrally governed provinces and cities; districts, towns, and provincial cities; and communes without cadastral maps;

+ To compile land inventory data, create current land use maps, prepare reports on land use status for 2005 and changes in land use from 2001 to 2005 for economic regions and the entire country to be submitted to the Government.

b) The Ministry of Defense and the Ministry of Public Security shall be responsible for conducting land inventory for specific purposes related to national defense and security; to coordinate with the People's Committees of provinces and centrally governed cities to accurately determine the location and area of land used for national defense and security purposes within each commune, ward, and town during the process of land inventory and creation of current land use maps at the commune level.

c) The People's Committees of provinces and centrally governed cities shall be responsible for developing plans for the 2005 land inventory for their respective localities; to develop detailed implementation plans; to organize, direct, guide, train, and inspect subordinate levels, relevant departments, and agencies to implement the 2005 land inventory tasks in accordance with regulations and to complete them within the specified time frame.

d) Regarding funding:

Funding for the 2005 land inventory activities will be balanced in the state budget estimate for 2005. The Ministry of Finance shall take the lead, in coordination with the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment, and the People's Committees of provinces and centrally governed cities, to calculate and ensure funding for the 2005 land inventory activities from the state budget according to the principle: The central budget will cover the land inventory tasks of ministries and central agencies; the local budget will cover the land inventory tasks of localities, and for particularly difficult localities in terms of funding, the central budget will consider providing partial support.

The Ministry of Finance shall take the lead, in coordination with the Ministry of Natural Resources and Environment, to guide the use of funding for the 2005 land inventory activities.

Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for strictly implementing this Directive./.