Directive No. 31/2007/CT-TTg On inventorying land funds currently managed and used by organizations assigned land or leased land by the State

DIRECTIVE

On the inventory of land funds currently managed and used by organizations to which the State has allocated land or leased land

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Currently, the management and utilization of land by organizations are not strict, with low efficiency, and many negative phenomena occur such as improper use of area, misuse of purpose, non-use, encroachment, illegal lending, leasing, transfer, and destruction of land. Implementing Resolution No. 16/2007/NQ-CP dated February 27, 2007 of the Government on the Program of Action of the Government to implement the Resolution of the Fourth Plenary Session of the 10th Central Committee of the Communist Party of Vietnam regarding major policies for rapid and sustainable economic development when Vietnam is a member of the World Trade Organization, the Prime Minister assigns the Ministry of Natural Resources and Environment to take the lead and coordinate with relevant ministries, agencies, provincial people's committees, centrally governed cities, and organizations to which the State has allocated or leased land to organize the inventory of land, prepare cadastral maps of land areas currently managed and used according to the following contents:

1. Objectives of the Inventory

Inventory all types of land managed and used by state agencies, political organizations, socio-political organizations, occupational socio-political organizations, public service organizations, and economic organizations (hereinafter referred to collectively as organizations) that have been allocated or leased by the State.

For security and defense lands, only boundary surveys, boundary marker installation, total area determination, and detailed inventory data review from the 2005 land inventory period will be conducted.

For lands managed by Forest Management Boards and Agricultural and Forestry Companies, implementation shall follow Decree No. 170/2004/NĐ-CP dated September 22, 2004 on the restructuring, reform, and development of state-owned agricultural farms, Decree No. 200/2004/NĐ-CP dated December 3, 2004 on the restructuring, reform, and development of state-owned forestry farms, and the guidance of the Prime Minister in Notification No. 198/TB-VPCP dated November 28, 2006 and Circular No. 3100/VPCP-NN dated June 7, 2007 of the Government Office.

2. Contents of Land Inventory and Preparation of Cadastral Maps

a) Scope of Inventory of Managed and Used Land Funds

The inventory of land managed and used by organizations will be carried out nationwide, based on each organization managing and using land within administrative units; among which communes, wards, towns (hereinafter referred to collectively as commune level) are basic units for conducting the inventory of organizations managing and using land in their localities. The results of the commune-level inventory serve as the basis for compiling statistics at the district, provincial, and national levels.

b) Contents of Inventory of Managed and Used Land Funds

The inventory of land area managed and used by organizations to which the State has allocated or leased land will be conducted according to land categories defined by the Ministry of Natural Resources and Environment.

Data on land area must be cross-referenced between land allocation and lease records, cadastral records, and actual land use status, and should be reflected on cadastral maps or cadastral extracts.

In the inventory data on area, it must clearly record the area certified with a Certificate of Land Use Right, the area being used appropriately or inappropriately according to approved land use plans; the area encroached upon, the area encroached upon, the area transferred or leased illegally; the area put into use but left idle; the area used inefficiently; the unused area; the area used for inappropriate purposes.

c) Preparation of Cadastral Extracts or Cadastral Surveys of Managed and Used Land Areas

Prepare cadastral extracts or cadastral surveys of land areas managed and used by organizations within commune administrative units. In cases where an organization has one location but spans multiple administrative units, a general layout map for the land area must be included.

d) Report on Land Utilization Status

The situation of organizational implementation, methods of collecting inventory data on land funds, sources of collected data at the commune level, reliability of collected and compiled data, other related information; analysis of differences between cadastral records and field-collected data; sources and methods for preparing cadastral extracts or cadastral surveys of land parcels.

Explain the results of the land fund inventory, including: assessment of current land use status; evaluation of changes and analysis of reasons for changes in land use since the decision to allocate land or recognize land use rights (from the date of actual land handover) until the inventory date (April 1, 2008); explain the situation of disputes; the situation of encroachment; the situation of encroaching land; the situation of land use and issuance of Certificates of Land Use Rights to organizations managing and using land.

3. Inventory Date and Completion Deadline

a) The inventory date for land areas managed and used by organizations to which the State has allocated or leased land will be uniformly implemented nationwide on April 1, 2008.

b) The completion deadline for the inventory of land areas managed and used by organizations to which the State has allocated or leased land and the report on land utilization status is as follows:

- Preparation work: completed before March 31, 2008;

- Communes, wards, towns: completed before August 31, 2008;

- Districts, urban districts, provincial cities: completed before September 30, 2008;

- Provinces, centrally governed cities: completed before October 31, 2008;

- Nationwide: completed before November 30, 2008.

4. Inventory Costs

Costs for activities related to the inventory of land areas managed and used by organizations to which the State has allocated or leased land will be balanced in the state budget estimate for 2008.

5. Responsibilities of Ministries, People's Committees at All Levels, and Organizations to Which the State Has Allocated or Leased Land

a) Ministry of Natural Resources and Environment:

- To take the lead in drafting the project to inventory the land area currently managed and used by organizations that have been allocated or leased land by the State for submission to the Prime Minister for approval in accordance with regulations;

- To issue and provide detailed guidance on the forms, methods, and procedures for preparing extracts and land surveying records for the land areas currently managed and used by organizations;

- To implement the Project at the central level; to direct, guide, train, and inspect the implementation of the land area inventory for organizations that have been allocated or leased land by the State at the local level;

- To compile data from the inventory of the land area currently managed and used by organizations that have been allocated or leased land by the State; to prepare reports on the results of implementation and the situation of land use by these organizations nationwide.

b) The Ministry of National Defense and the Ministry of Public Security shall take the lead and coordinate with the Ministry of Natural Resources and Environment and the People's Committees of provinces and centrally-run cities to review boundaries, set boundary markers (if necessary), determine the land area currently being used and managed by subordinate units; unify boundaries, boundary markers (if any), and data on the land area managed and used by defense and security units in each province and city. For specific types of land, only the detailed inventory data of various types of land within the management and use scope conducted by units in the 2005 land inventory will be reviewed again.. In cases where there are still areas of land not inventoried during the 2005 land inventory period, detailed supplementary plans must be prepared.

c) The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Public Security, and the People's Committees of provinces and centrally-run cities to calculate and ensure funding for these land inventory activities from the state budget according to the principle: the central budget ensures tasks for ministries and central agencies; the local budget ensures tasks for local land inventories; for localities facing difficulties in funding, the central budget will provide partial support.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to provide guidance on the use of funds for the activity of inventorying the land area currently managed and used by organizations that have been allocated or leased land by the State.

The Ministry of Finance shall take the lead and coordinate with the Ministry of National Defense and the Ministry of Public Security to provide guidance on the use of funds for the work of reviewing boundaries, setting boundary markers, determining land area, and conducting detailed land inventories (if any) for units under the Ministry of National Defense and the Ministry of Public Security.

For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;The People's Committees of provinces and centrally-run cities shall be responsible for drafting plans for the inventory of the land area currently managed and used by organizations that have been allocated or leased land by the State within their respective localities, developing specific implementation plans; organizing direction, guidance, training, and inspection for lower-level local authorities and relevant departments to implement the task of inventorying the land area currently managed and used by organizations that have been allocated or leased land by the State in 2008 in accordance with regulations and completing the task within the specified time frame. The People's Committees at the district and commune levels shall be responsible for coordinating with the units assigned the task of land inventory to carry out the land inventory of organizations within their respective localities.

Organizations that have been allocated or leased land by the State shall be responsible for reviewing the current status of land they manage and use; systematizing all related documents concerning land allocation and leasing; cooperating with the units assigned the task of land inventory to conduct the land inventory of their organization.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Committees of provinces and centrally-run cities, and heads of organizations that have been allocated or leased land by the State are responsible for implementing this Directive./.