Circular No. 35/2014/TT-BTNMT on the investigation and evaluation of land

CIRCULAR

Regulations on land survey and assessment

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

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

The Minister of Natural Resources and Environment issues this Circular regulating land survey and assessment activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the activities, contents, responsibilities for implementation organizations, and publication of results of land surveys and assessments as prescribed by the Land Law, including:

a) Surveying and assessing the quality and potential of land; surveying and assessing land degradation and pollution; agricultural land classification;

b) Specialized land surveying and assessment;

c) Establishing and maintaining a land resource monitoring system.

2. This Circular does not regulate land statistics and inventory; land price surveys and tracking land price fluctuations.

Article 2. Applicability

This Circular applies to state management agencies, specialized agencies on natural resources and environment, and relevant organizations and individuals.

Article 3. Explanation of Terms

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

1. Soil quality is the attribute of soil that affects the sustainability for specific land use purposes.

2. Land potential is the capacity regarding quantity and quality of land for specific land use purposes.

3. Degraded land is land that has changed its original characteristics and properties (in a negative direction) due to the influence of natural conditions and human activities.

4. Soil pollution is the increase in the content of certain substances and compounds beyond the permitted standards (Vietnamese Technical Standards - TCVN, Vietnamese Norms - QCVN) causing soil contamination.

5. Agricultural land classification is the division of agricultural land into categories suitable for specific land use purposes.

6. Soil quality map is a map showing the location, scale, and spatial boundaries of each soil quality zone.

7. Land potential map is a map showing the location, scale, and spatial boundaries of each land potential zone corresponding to specific levels.

8. Soil pollution map is a map showing the location, scale, and spatial boundaries of polluted zones or points.

9. Agricultural land classification map is a map showing the distribution of land zones according to their categories.

10. Soil resource monitoring is the process of collecting information, sampling, and analyzing soil according to evaluation criteria for soil quality, land degradation, and soil pollution at fixed locations at specific times during the year.

11. Specialized land survey and assessment is the activity of surveying and assessing soil quality, land potential, land degradation, soil pollution, and agricultural land classification for specific types of land according to central state management requirements at a specified time.

Chapter II

ACTIVITIES AND CONTENTS OF LAND SURVEY AND ASSESSMENT

Article 4. Land survey and assessment activities

1. National and economic-social region (regional level) land survey and assessment activities include the following:

a) Surveying and assessing soil quality and land potential; surveying land degradation;

b) Monitoring and supervising land resources;

c) Specialized land survey and assessment.

2. Provincial-level (provincial level) land survey and assessment activities include the following:

a) Surveying and assessing soil quality and land potential; surveying land degradation;

b) Soil pollution survey and assessment are conducted in areas with local pollution sources;

c) Agricultural land classification survey and assessment are conducted for groups of agricultural land excluding other agricultural land.

3. Land survey and assessment activities are carried out periodically or on an ad hoc basis according to tasks, specifically as follows:

a) Activities stipulated in Point a Clause 1, Points a, b, c Clause 2 of this Article are conducted every five years, with a comprehensive initial survey and subsequent reviews, adjustments, and supplements;

b) Annual land resource monitoring activities are conducted;

c) Specialized land survey and assessment activities are conducted on an ad hoc basis according to state management requirements when there is a decision approving the task from the competent authority.

Article 5. Contents of national land survey and evaluation, by region level

1. Contents of the initial land survey and evaluation include:

a) Collecting information, documents, data, maps;

b) Preparing plans and conducting field surveys to collect soil samples;

c) Compiling and processing both internal and external technical information and documents;

d) Creating soil quality maps, land potential maps; land degradation maps;

đ) Analyzing current soil quality, land potential; land degradation;

e) Proposing solutions for land protection, improvement, and sustainable land management directions;

g) Preparing reports on the evaluation of soil quality, land potential; land degradation.

2. Contents of subsequent land survey and evaluation include:

a) Supplementing information, documents, data, maps, conducting field surveys, and processing survey documents;

b) Creating soil quality maps, land potential maps; land degradation maps;

c) Analyzing and evaluating changes in soil quality, land potential; land degradation compared to previous periods and proposing additional solutions for land protection, improvement, and sustainable land management directions;

d) Preparing reports on the evaluation of soil quality, land potential; land degradation.

3. Contents of annual monitoring of land resources include:

a) Preparing plans and collecting monitoring samples of land resources;

b) Compiling monitoring data, analyzing, and evaluating indicators of soil quality; land degradation; soil pollution and early warning areas with severe land degradation and pollution requiring monitoring;

c) Preparing reports on monitoring and supervising land resources.

4. Contents of specialized land survey and evaluation include:

a) Determining the survey area for specialized land survey and evaluation;

b) Supplementing information, documents, data, maps, conducting field surveys, and processing survey documents;

c) Creating soil quality maps, land potential maps, and land degradation maps for specialized land types;

d) Analyzing and evaluating changes in soil quality, land potential; land degradation of specialized land types surveyed and proposing additional solutions for land protection, improvement, and sustainable land management directions;

đ) Preparing reports on the results of specialized land survey and evaluation.

Article 6. Contents of provincial land survey and evaluation

1. The contents of soil quality survey and evaluation, land potential; land degradation shall be carried out according to the following provisions:

a) The initial survey and evaluation shall be conducted in accordance with Clause 1 of Article 5 of this Circular;

b) Subsequent surveys and evaluations shall be conducted in accordance with Clause 2 of Article 5 of this Circular.

2. Contents of soil pollution survey and evaluation include:

a) Collecting information, documents, data, maps to identify sources of soil pollution and areas at risk of soil pollution;

b) Preparing plans and conducting field surveys to collect soil samples;

c) Analyzing soil samples, compiling data, and warning about areas with soil pollution and at risk of pollution (near pollution);

d) Creating maps of polluted areas;

đ) Proposing solutions for land protection, improvement, and sustainable land management directions;

e) Preparing reports on the current state of soil pollution.

3. Contents of agricultural land classification survey include:

a) Collecting information, documents, data, maps;

b) Preparing plans and conducting effective field surveys on land use;

c) Compiling and processing both internal and external technical information and documents;

d) Creating agricultural land classification maps;

đ) Preparing reports on the results of agricultural land classification.

Chapter III

IMPLEMENTATION OF LAND SURVEY AND EVALUATION

Article 7. Responsibilities for conducting and announcing the results of land survey and evaluation

1. The General Department of Land Management shall be responsible for:

a) Developing plans to conduct land surveys and evaluations nationwide;

b) Implementing land surveys and evaluations at the national and regional levels;

c) Establishing and maintaining a unified monitoring system for land resources, organizing the monitoring of land resources;

d) Implementing specialized land surveys and evaluations to meet state management requirements for land;

đ) Urging and inspecting the implementation of land surveys and evaluations at the provincial level;

e) Compiling and completing files, submitting to the Ministry of Natural Resources and Environment for approval of the implementation plan; the results of national and regional land surveys and evaluations; the results of specialized land surveys and evaluations, and announcing the results on the Ministry of Natural Resources and Environment's online portal.

2. Provincial People's Committees are responsible for:

a) Approving the implementation plans and results of land surveys and evaluations at the local level, and announcing them on the online portal of the Provincial People's Committee;

b) Reporting the results of land surveys and evaluations to the Ministry of Natural Resources and Environment.

3. The Departments of Natural Resources and Environment of provinces and centrally-administered cities shall be responsible for:

a) Developing plans for local land surveys and evaluations;

b) Implementing local land surveys and evaluations;

c) Compiling and completing files, submitting to the Provincial People's Committee for approval of the implementation plan; the results of local land surveys and evaluations, and announcing them on the Provincial People's Committee's online portal.

Article 8. Documents for Approval of Survey and Evaluation Results

1. Petition for approval of survey and evaluation results regarding land quality, land potential; land degradation and soil pollution surveys; agricultural land classification surveys; land resource monitoring; specialized land surveys and evaluations.

2. Comprehensive report on survey and evaluation results regarding land quality, land potential; land degradation and soil pollution surveys; agricultural land classification surveys; specialized land surveys and evaluations; report on land resource monitoring results.

3. Maps of land quality, land potential; land degradation and soil pollution; agricultural land classification.

Article 9. Documents for Announcing Survey and Evaluation Results

1. Decision approving survey and evaluation results regarding land quality, land potential; land degradation and soil pollution surveys; agricultural land classification surveys; land resource monitoring.

2. Comprehensive report on survey and evaluation results regarding land quality, land potential; land degradation and soil pollution surveys; agricultural land classification surveys; report on land resource monitoring results.

3. Maps of land quality, land potential; land degradation and soil pollution; agricultural land classification.

Article 10. Timeframes for Reporting and Announcing Survey and Evaluation Results

1. Deadline for submitting reports on survey and evaluation results before March 15th of years ending in 5 and 0.

For the first submission of reports on land degradation surveys, the deadline is before March 15, 2015.

For the first submission of reports on land quality, land potential, soil pollution, and agricultural land classification surveys, the deadline is before March 15, 2020.

2. Deadline for submitting reports on land resource monitoring results before March 15th each year starting from 2020, except for years when land survey and evaluation results are announced according to Clause 1 of this Article.

3. Deadline for submitting reports on specialized land survey and evaluation results is based on project requirements.

4. Survey and evaluation results must be publicly announced no later than 30 days from the date they are decided and approved by competent state authorities.

Article 11. Storage of land investigation and evaluation results

1. The national land investigation and evaluation results, economic and social region results, and thematic land investigation and evaluation results shall be stored in two sets (paper and digital copies) at the Ministry of Natural Resources and Environment.

2. Provincial-level land investigation and evaluation results shall be stored in one set (paper and digital copies) at the Ministry of Natural Resources and Environment, one set (paper and digital copies) at the People's Committee of the province, and one set (paper and digital copies) at the Department of Natural Resources and Environment.

3. The archival files for storing land investigation and evaluation results include the documents specified in Article 9 of this Circular.

Article 12. Qualification Conditions for Units Conducting Land Investigation and Evaluation

1. Public institutions and enterprises may conduct land investigation and evaluation if they meet the following conditions:

a) Possess the function to conduct land investigation and evaluation;

b) Have at least five individuals meeting the requirements stipulated in Clause 2 of this Article;

c) Have adequate equipment and technology suitable for the methods prescribed by the technical regulations on land investigation and evaluation issued by the Ministry of Natural Resources and Environment.

2. Individuals conducting land investigation and evaluation within organizations with advisory functions related to land investigation and evaluation must meet the following conditions:

a) Possess civil capacity;

b) Hold a bachelor’s or postgraduate degree in land management, cadastral affairs, soil science, pedology, environmental science, or other relevant fields related to land investigation and evaluation;

c) Have at least thirty-six months of work experience in land investigation and evaluation as stipulated in Article 4 of this Circular or in agricultural land surveys and evaluations.

3. Units conducting soil sample analysis must have a soil laboratory certified by the competent authority.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from August 13, 2014.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

The Director of the General Department of Land Administration, the Chairpersons of the People's Committees of provinces and centrally-administered cities, the Directors of provincial Departments of Natural Resources and Environment, Heads of units under the Ministry of Natural Resources and Environment, and related organizations and individuals are responsible for implementing this Circular.

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