Circular No. 49/2015/TT-BTNMT on the management, use, and protection of construction survey works.

CIRCULAR

Regulations on management, use, and protection of surveying construction works

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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 of the Vietnam National Survey and Mapping Center, the Head of the Legal Department, and the Head of the Science and Technology Department;ồ;

At the proposal of the Director of the Vietnam National Survey and Mapping Agency and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular on the management, use, and protection of surveying construction works. xxây dựng đo đạc.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the management, use, and protection of surveying construction works; the responsibilities of agencies, organizations, and individuals in managing, using, and protecting surveying construction works.

2. This Circular applies to state agencies, organizations, and individuals involved in the management, use, and protection of surveying construction works.

Article 2. Surveying Construction Works

Surveying construction works include:

1. Fixed observation stations for astronomy-surveying, satellite, gravity, geodynamics, height, depth (hereinafter referred to collectively as fixed observation stations).

2. National surveying base points.

3. Calibration facilities for surveying equipment parameters, collectively referred to as calibration facilities for surveying equipment.

4. Markers of points belonging to the basic surveying point system, collectively referred to as surveying markers.

Article 3. Management of Surveying Construction Works

The content of management of surveying construction works includes:

1. Developing guidelines, organizing implementation, and summarizing the implementation of hierarchical management of exploitation, protection of surveying construction works.

2. Restoring, maintaining, and developing the surveying construction work system.

3. Providing relevant information, data, and figures related to surveying construction works to agencies, organizations, and individuals upon request.

4. Inspecting, supervising, and handling violations concerning the management, protection, and use of surveying construction works.

5. Statistics, evaluation, and updating the current status of surveying construction works.

Article 4. Use and Protection of Surveying Construction Works

Surveying construction works are state assets and shall be used and protected in accordance with the provisions of this Circular.

Chapter II

RESPONSIBILITIES FOR MANAGEMENT, USE AND PROTECTION OF SURVEYING CONSTRUCTION WORKSVÀ BẢO VỆ CÔNG TRÌNH XÂY DỰNG ĐO ĐẠC

Article 5. Agencies Managing Surveying Construction Works

1. The Vietnam National Survey and Mapping Agency under the Ministry of Natural Resources and Environment:

a) Directly manages fixed observation stations, national surveying base points, and calibration facilities for surveying equipment;

b) Develops and expands the national basic surveying marker system throughout the country.

2. Provincial Departments of Natural Resources and Environment (hereinafter referred to collectively as Provincial Departments of Natural Resources and Environment):

a) Directly manage national basic surveying markers;

b) Participate in the restoration, maintenance, and upkeep of the national basic surveying marker system at the local level;

c) Develop and manage specialized basic surveying marker systems.

3. Local Departments and Sectoral Agencies cooperate with Provincial Departments of Natural Resources and Environment to develop and manage specialized surveying markers belonging to their respective sectors.

Article 6. Responsibilities of Organizations and Individuals Engaged in Surveying and Cartography Activities in Building Surveying Construction Works

1. Before constructing surveying construction works, procedures for land use or placing surveying construction works must be resolved according to the law.

2. After completion of surveying construction works, the construction unit shall prepare a handover record for surveying markers to the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) in the presence of the land user or owner of the construction site where the surveying markers are placed. The handover record for surveying markers shall be prepared in five (05) copies and kept at:

a) The construction unit of surveying works: 01 copy;

b) The People's Committee at the commune level: 01 copy;

c) The District Department of Natural Resources and Environment: 01 copy;

d) The Provincial Department of Natural Resources and Environment: 01 copy;

e) The Vietnam National Survey and Mapping Agency: 01 copy.

3. After completing the entire project, the Vietnam National Survey and Mapping Agency shall hand over all markers along with notes on points and related information and data as prescribed to the Provincial Department of Natural Resources and Environment for direct exploitation and use at the local level. The handover record for surveying markers shall be prepared according to Model 01 attached to this Circular.

Article 7. Responsibilities of organizations and individuals in using and protecting surveying construction works

1. When using surveying construction works, contact the People's Committee of the commune to receive guidance. During the usage process, they must maintain, protect, and not damage surveying markers; after usage, they must restore the initial condition.

2. It is prohibited to damage, destroy, move arbitrarily, or obstruct the exploitation and use of surveying construction works.

3. Immediately report to the People's Committee of the commune when discovering that surveying construction works are being harmed or have the potential to be harmed.

Article 8. Responsibilities of land users and owners of structures where there are surveying construction works

1. Must protect and not damage, destroy, or obstruct the exploitation and use of surveying construction works during the use of land and structures.

2. When new architectural works are constructed on adjacent plots affecting the exploitation and use of surveying construction works, immediately inform the People's Committee of the commune to take measures to maintain and protect them.

3. In cases of renovation, repair, or new construction that may affect surveying markers, the land user has the responsibility to report to the People's Committee of the commune to take measures to protect the markers.

4. If it is necessary to relocate or remove surveying markers on the plot or attached to architectural works, the land user must report to the People's Committee of the commune for resolution. The relocation or removal of surveying markers can only be carried out with the consent of the management agency of surveying construction works as stipulated in Clause 5 of this Circular.

5. Costs for relocating and restoring surveying markers shall be borne by the project investor.

6. In cases of arbitrarily destroying surveying construction works, the land user or owner of the structure shall bear full legal responsibility.

Article 9. Responsibilities and time limits for the management agency of surveying construction works in cases requiring relocation or removal of surveying markers

1. Within fifteen (15) working days from the date of receipt of the report from the land user or owner of the structure requesting relocation or removal of surveying construction works transferred by the People's Committee of the commune, the management agency of surveying construction works has the responsibility to respond in writing to the land user and owner of the structure.

2. The management agency of surveying construction works has the responsibility to guide the implementation of relocation and restoration of damaged surveying construction works.

3. In cases requiring relocation of national basic surveying point markers, the Department of Natural Resources and Environment shall prepare technical plans and budgets for relocation. These plans need to be sent to the Vietnam National Mapping Agency for review before approval and implementation.

4. Results of removal or relocation of surveying construction works must be updated in relevant documents related to surveying construction works stored at the management agency as stipulated in Clause 5 of this Circular.

5. In cases where annual local funding is used for maintenance and restoration of the national basic surveying point system, the Department of Natural Resources and Environment must send technical plans and budgets for relocation and restoration to the Vietnam National Mapping Agency for review before implementation.

Article 10. Responsibilities of the People's Committee at the Commune Level

1. Managing, protecting, and preventing acts that harm construction surveying works within the commune's territory.

2. Updating construction surveying works within the commune's territory, supplementing the notes in the land registry regarding survey markers on plots of land.

3. Promoting and disseminating regulations on managing and protecting construction surveying works to ensure local residents have the responsibility to protect survey markers from displacement, destruction, or damage.

4. Regularly inspecting, and upon discovering survey markers being harmed or at risk of harm, reporting to the Department of Natural Resources and Environment at the district level about the current status and causes of harm to survey markers within three (03) working days.

5. In cases where survey markers need to be moved or abolished, within three (03) working days from receiving the request from the land user or owner of the construction work for moving or abolishing the survey markers, the People's Committee at the commune level shall report to the Department of Natural Resources and Environment at the district level for resolution.

6. Statistics and update the current status of construction surveying works within the commune's territory and report to the Department of Natural Resources and Environment at the district level before December 10th each year. The report is prepared according to the form attached as Appendix No. 04 issued together with the Circular stipulating the reporting system in surveying and mapping by the Ministry of Natural Resources and Environment.

Article 11. Responsibilities of the Department of Natural Resources and Environment

1. Handing over survey markers already present on the plot of land to the person assigned or leased the land for direct protection and recording in the handover protocol when transferring land on-site.

2. Inspecting the site, examining the situation, and reporting to the Provincial Department of Natural Resources and Environment about the status of survey markers being harmed or at risk of harm, survey markers needing relocation or abolition within five (05) working days from receiving reports from the People's Committee at the commune level.

3. Statistics and update the current status of construction surveying works within the district's territory and report to the Provincial Department of Natural Resources and Environment before December 15th each year. The report is prepared according to the form attached as Appendix No. 04 issued together with the Circular stipulating the reporting system in surveying and mapping by the Ministry of Natural Resources and Environment.

Article 12. Responsibilities of the Provincial Department of Natural Resources and Environment

1. Handing over survey markers already present on the plot of land to the organization assigned or leased the land for direct protection and recording in the handover protocol when transferring land on-site.

2. Resolving or reporting to the central authority managing construction surveying works as stipulated in Article 5 of this Circular in cases where construction surveying works must be abolished, reinforced, or relocated.

3. When implementing construction projects serving economic and social development in the locality, the Provincial Department of Natural Resources and Environment has the responsibility to:

a) Inspect and assess the impact of the project on the management, use, and protection of construction surveying works within the area.

b) Develop technical plans and budgets and implement the relocation and restoration of survey markers damaged due to construction projects. For the relocation and restoration of national base point survey markers, the technical plan and budget must be reviewed by the Vietnam National Survey and Mapping Center. The cost of relocating and restoring survey markers is borne by the project investor.

4. Annually statistics and update the current status of the use of construction surveying works in the locality.

Article 13. Responsibilities of the National Geospatial Information Agency

1. Manage survey construction works, resolve issues related to such works on land plots that affect survey markers as prescribed in Clause 1, Article 5 of this Circular to decide on cancellation, reinforcement, or relocation.

2. Develop regulations for the management, exploitation, and operation of equipment at fixed observation stations and calibration facilities for surveying equipment according to procedures and standards.

3. Closely coordinate with relevant agencies in protecting and ensuring safety for the operations of fixed observation stations and calibration facilities for surveying equipment.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from December 30, 2015.

2. This Circular replaces Decision No. 16/2005/QĐ-BTNMT dated December 16, 2005 of the Minister of Natural Resources and Environment on the issuance of regulations on the management, use, and protection of survey construction works.

Article 15. Implementation Organization

1. Ministries, ministerial-level agencies, agencies under the Government; People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

2. The National Geospatial Information Agency under the Ministry of Natural Resources and Environment shall be responsible for monitoring and inspecting the implementation of this Circular.

3. Departments of Natural Resources and Environment shall assist provincial People's Committees and municipal People's Committees directly under the Central Government in implementing this Circular at local levels.

4. Heads of agencies entrusted with the management of survey construction works shall be responsible for providing complete and accurate data and information to organizations and individuals permitted to exploit and use them in accordance with the law.

During the implementation process, if there are difficulties, organizations and individuals shall promptly report in writing to the Ministry of Natural Resources and Environment for review, amendment, and supplementation as appropriate./.