Circular No. 75/2015/TT-BTNMT on technical regulations for land database

CIRCULAR

TECHNICAL REGULATIONS ON LAND DATABASESi

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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 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 to regulate technical aspects of land databases.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the content, structure, and type of information; spatial and temporal reference systems; metadata; data quality; data presentation; exchange and distribution of component databases of the following land databases:

a) Cadastre database;

b) Land planning and utilization plan database;

c) Land value database;

d) Land statistics and inventory database.

2. For component databases of the land database not specified in Clause 1 of this Article, they shall be implemented according to other regulations issued by the Minister of Natural Resources and Environment.

Article 2. Applicability

1. State management agencies for natural resources and environment; specialized agencies for natural resources and environment; commune, ward, town land cadres related to the construction, updating, exploitation, and management of land databases.

2. Other organizations and individuals related to the construction and exploitation of land databases.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Land database is a collection of land data organized for access, exploitation, management, and updating through electronic means.

2. Land data includes spatial land data, attribute land data, and other data related to cadastral parcels.

3. Spatial land data includes spatial land base data and thematic spatial data.

4. Attribute land data includes cadastral attribute data; land planning and utilization plan attribute data; land value attribute data; land statistics and inventory attribute data.

5. Other data related to cadastral parcels includes signed or scanned Certificate of Ownership; Land Registry Book; legal documents serving as the basis for issuing the Certificate of Ownership; contracts or documents implementing land use rights, ownership rights of houses and other assets attached to land that have been notarized or certified in accordance with the law.

6. Metadata is information describing the data.

7. Data structure is the organization and storage of data in computers.

8. Information type of data is the name, value type, and length of data fields.

9. XML (eXtensible Markup Language - Extensible Markup Language) is an extended markup language capable of describing various types of data using a unified language and used for sharing data between information systems.

10. GML (Geography Markup Language - geographic markup language) is an XML coding format to express geographic information content.

Chapter II

TECHNICAL REGULATIONS ON LAND DATABASES

Article 4. Content of spatial land data

1. Spatial land base data includes:

a) Control point data layer group including astronomical point data layer, national coordinate point data layer, basic cadastral control point data layer, cadastral control point data layer, fixed marker control point surveying data layer; national elevation point data layer, technical elevation point data layer with markers;

b) Border and administrative boundary data layer group including border and administrative boundary marker data layer; border and administrative boundary line data layer; provincial administrative boundary data layer (hereinafter referred to collectively as provincial level); district administrative boundary data layer (hereinafter referred to collectively as district level); commune, ward, town administrative boundary data layer (hereinafter referred to collectively as commune level);

c) Hydrographic system data layer group including hydrographic system line data layer, hydrographic system area data layer;

d) Transportation system data layer group including road centerline data layer, road surface data layer, road boundary data layer, railway data layer;

e) Toponym and annotation data layer group including topographic point data layer, economic, cultural, social point data layer; annotation data layer.

2. Thematic spatial data include:

a) Cadastral data layer group including cadastral parcel data layer; land attached asset data layer; cadastral boundary line and safety protection zone marker data layer of construction planning, transportation planning, and other types of planning related to cadastral parcels as prescribed by the cadastral map law;

b) Land planning and utilization plan data layer group including provincial-level land planning and utilization plan data layer; provincial-level functional zone data layer; district-level land utilization plan data layer; district-level functional zone data layer; annual district-level land utilization plan data layer;

c) Land statistics and inventory data layer group including provincial-level land use status data layer, provincial-level comprehensive area boundary data layer, district-level land use status data layer, district-level comprehensive area boundary data layer, commune-level land use status data layer, commune-level comprehensive area boundary data layer, investigation and inventory result data layer.

Article 5. Content of land attribute data

1. Land administrative attribute data includes the following groups of data:

a) Group of data on land parcels;

b) Group of data on land occupancy objects that do not form land parcels;

c) Group of data on assets attached to land;

d) Group of data on land users, land managers, and owners of assets attached to land;

đ) Group of data on land use rights, land management rights, and ownership rights of assets attached to land;

e) Group of data on the legal status of land use rights, land management rights, and ownership rights of assets attached to land;

g) Group of data on changes during the process of land use and asset ownership;

h) Other related data concerning land parcels.

2. Land planning and land use plan attribute data include the following groups of data:

a) Group of provincial-level land planning and land use plan data;

b) Group of district-level land use planning data;

c) Group of annual district-level land use plan data.

3. Land value attribute data include the following groups of data:

a) Group of land price data according to the land price list;

b) Group of specific land price data;

c) Group of land transfer price data on the market.

4. Land statistics and inventory attribute data include the following groups of data:

a) Group of provincial-level current land use data;

b) Group of district-level current land use data;

c) Group of commune-level current land use data;

d) Group of inventory survey result data.

Article 6. Structure and Information Type of the Land Database

The structure and information type of the land database are specified in Appendix I issued together with this Circular.

Article 7. Spatial and Temporal Reference System for Land Data

1. The spatial reference system and national coordinate system, national height system applied to land spatial data shall be implemented in accordance with the current cadastral map regulations.

2. Temporal reference system: Date, month, year according to the Gregorian calendar; hour, minute, second according to UTC + 07:00 (Coordinated Universal Time).

Article 8. Metadata for Land Data

1. Land metadata includes the following groups of information:

a) Group of information describing land metadata;

b) Group of information describing coordinate reference systems;

c) Group of information describing land data;

d) Group of information describing the quality of land data;

đ) Group of information describing the method and procedure for distributing land data.

2. Land metadata is established for the scope of building the approved land database and must be updated when there are changes in land data.

3. Land metadata must be encoded in XML.

4. The structure and information type of land metadata are specified in Appendix II issued together with this Circular.

Article 9. Quality of Land Data

1. The quality of cadastral data is determined for each land parcel and must be consistent between cadastral spatial data, cadastral attribute data, and cadastral records.

2. The quality of planning and land use plan data must be consistent between spatial planning and land use plan data and planning and land use plan attribute data.

3. The quality of land value data is determined for each land parcel and must be consistent with the land prices stipulated in the decisions of competent state agencies.

4. The quality of land statistics and inventory data must be consistent between spatial statistics and inventory data and attribute statistics and inventory data.

5. The review, inspection, and acceptance of the land database shall be carried out in accordance with the regulations of the Minister of Natural Resources and Environment regarding the review, inspection, and acceptance of tasks and projects in the field of natural resources and environment technology applicable to the construction process of the land database; regarding supervision, inspection, review, and acceptance work in the field of land.

Article 10. Presentation and Display of Land Information Database

1. The presentation of land attribute data shall be carried out in accordance with the provisions of the Law on Land regarding the Certificate of Land Use Right, Ownership Certificate of Housing and Other Property Rights attached to the land; cadastral files; land planning and utilization plans; land prices; land statistics and inventory.

2. The display of spatial land data is specified in Appendix III issued together with this Circular.

Article 11. Exchange and Distribution of Land Data and Metadata

1. The data format standard for the exchange and distribution of land data shall be applied according to the Geographic Markup Language (GML).

2. The metadata format standard for the exchange and distribution of land metadata shall be applied according to the Extensible Markup Language (XML).

3. Land data and land metadata shall be exchanged and distributed in the form of data files through data storage devices and data transmission services.

The application schemas of GML and XML for the exchange and distribution of land data and land metadata are specified in Appendix IV issued together with this Circular.

Chapter III

IMPLEMENTATION

Article 12. Effective Date

1. This Circular takes effect from August 1, 2016.

2. This Circular replaces Circular No. 17/2010/TT-BTNMT dated October 4, 2010, of the Minister of Natural Resources and Environment stipulating technical standards for cadastral data.

Article 13. Transitional Provisions

For land database construction projects that have been approved and implemented before the effective date of this Circular but have not yet been completed, the following shall apply:

1. For projects whose technical design and budget estimates do not comply with the provisions of this Circular and have not yet commenced implementation, the project sponsors shall be responsible for reviewing and adjusting the components of the land database in accordance with the provisions of this Circular to obtain supplementary approval and organize its implementation.

2. For projects currently underway and which have been accepted at the construction unit level, they shall continue to be implemented according to the approved technical design and budget estimate; the project sponsors shall be responsible for reviewing and adjusting the components of the land database to comply with the provisions of this Circular to organize its implementation.

3. For projects currently underway but not yet accepted at the construction unit level, the project sponsors shall be responsible for reviewing and adjusting the components of the land database to comply with the provisions of this Circular to allow the construction units to continue their implementation.

Article 15. Responsibility for Implementation

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-run cities shall be responsible for directing and organizing the implementation of this Circular.

2. The General Department of Land Administration shall be responsible for inspecting the implementation of this Circular.

3. Departments of Natural Resources and Environment shall assist the People's Committees of provinces and centrally-run cities in implementing this Circular. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals shall promptly report them to the Ministry of Natural Resources and Environment for consideration and resolution.

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