Chỉ thị 15/CT-TTg 2019 về kiểm kê đất đai năm 2019

THE PRIME MINISTER

Directive No. 15/CT-TTg datedJune 17, 2019 of the Prime Minister on investigation of land and mapping land’s current situation in 2019

Pursuant to the  Law on Land and 2013 and the Resolution No. 39-NQ/TW dated January 15, 2019 on improvement of efficiency in management, utilization and promotion of resources available in the economy to make a full inventory and assessment of land resources in order to strengthen management and increase the effective use of land for sustainable socio-economic development and the national statistical survey program issued under the Decision No. 43/2016/QD-TTg dated October 17, 2016, the Prime Minister requests the Ministry of Natural Resources and Environment, ministries and sectoral administrations involved and People s Committees of provinces and centrally-affiliated cities to conduct the nationwide land resource inventorying and land use mapping in 2019 as follows:

1. Objectives, requirements

a) The investigation of land and mapping land’s current situation in 2019 are meant to assess the current state of land use by specific administrative subdivisions, such as communes, districts, provinces, economic zones and the nation as a whole in order to serve as a basis for assessing the current conditions of management and use of land resources at all levels over past 5 years and propose regulatory policies and approaches to promote the state management of land and raise the effective use of land; simultaneously, serve as a basis to draw up the land use planning at all levels during the period of 2021 – 2030 and play important roles in designing the socio-economic developmental strategy by 2030 with vision towards 2045.

b) Organization, collection, processing, compilation, publication and storage of land must be taken seriously.

The results of the investigation of land and mapping land’s current situation in 2019 must be implemented fully, accurately and timely and ensure to be objective, truthful and right to the current situation of using land.

2. Contents of the investigation of land and mapping land’s current situation in 2019 of each administrative subdivision at all levels, including:

a) Dimensions of land classified into types as provided in Article 10 in the  Law on Land 2013; Dimensions of land classified by persons currently using and managing land as provided in Article 5 and Article 8 in the  Law on Land 2013. In addition, this inventory must provide details about paddy fields, land intended for cultivation of production forests, protection forests and specialized forests.

b) Dimensions of flooded land, land intended for natural conservation zones and biodiversity conservation zones which are prescribed in Article 16 and Article 35 in the Law on Biodiversity.

c) The land use under the management of state enterprises and privatized enterprises; land used by forest management units and agro-forestry production enterprises; land of commercial housing projects; land for construction of non-state public service projects and public projects serving business purposes; agricultural land serving public interests.   

The investigation of land 2019 must give an assessment of management and land use; the variation in land at specific localities and nationwide over the past 5 years; especially, management and implementation of land use planning schemes or plans; compliance of persons and entities using land with law on land; must give clear explanations for causes of unsolved issues and difficulties; must propose the reform of regulatory policies and laws on land and measures to strengthen the management and use of land to deal with current unsolved issues and difficulties.

3. Solutions

a) The investigation of land and mapping land’s current situation specified in point a and b of clause 2 of this Directive shall be carried out on the basis of existing land-related data and documents associated with site surveys, zoning and editing on the map in case of any change occurring in the investigation period (from 2015 to 2019) and compilation of investigation of land’s results.

The investigation of coastal flooded land (from the lowest seawater edge on average gauged for many years to the seawater depth of 6 m) shall be made on the basis of the existing national geographic map or database, together with the supplementary survey and zoning for several areas subject to changes.

b) The specialized land resource inventorying activity referred to in point c of section 2 herein shall be carried out by employing the site survey method to serve compilation and reporting purposes.

c) Applying information technology to the collection, computation and compilation of data on dimensions of land and the land use mapping for the purposes of ensuring accuracy and consistency with land resource inventory results.

d) Enhancing the inspection and surveillance during the inventory-making and mapping period; pay particular attention to the acceptance testing of results at all stages and levels, especially at the communal level, in order to ensure conformance to inventory data quality and authentication requirements. The Ministry of Natural Resources and Environment shall be responsible for using remote sensing images for checking of land resource inventory results at several localities.

dd) Localities shall, based on work requirements and actual conditions, mobilize existing specialized personnel of public service entities and units at all levels that are qualified to participate in the inventory making and mapping activities in order to assure quality and meet the implementation schedule; in cases where personnel are not sufficient, accredited non-public bodies must be hired to provide land resource inventory and mapping services.  

4. Implementation time and deadlines:

a) The investigation of land and mapping land’s current situation shall be commenced nationwide on August 1, 2019. Land resource inventory data in 2019 shall be valid until December 31, 2019.

b) Deadlines for completion and reporting of results of land resource inventory and land use mapping in 2019:

b) Deadlines for completion and reporting of results of land resource inventory and land use mapping in 2019 shall be regulated as follows:

- Communal level: Investigation and mapping will be completed and results thereof will be reported by January 16, 2020;

- District level: Investigation and mapping will be completed and results thereof will be reported by March 1, 2020;

- Provincial level: Investigation and mapping will be completed and results thereof will be reported by April 16, 2020;

- Nationwide and socio-economic regions: Investigation and mapping will be completed by June 16, 2020;

- Ministry of National Defense and the Ministry of Public Security must complete and send provincial-level People’s Committee results of the land resource inventory and land use mapping by January 16, 2020 for compilation and reporting purposes; must send these results to the Ministry of Natural Resources and Environment by April 16, 2020.

5. Expenditures

Expenditures on The investigation of land and mapping land’s current situation in 2019 shall be assured and balanced in the assigned annual budgets.

National budget shall assure expenditures on tasks under the jurisdiction of ministries and centrally-affiliated agencies; local budget shall assure expenditures on tasks within the remit of provinces, districts and communes under the provisions of the Law on State Budget in force on decentralization.

6. Implementation duties

a) The Ministry of Natural Resources and Environment:

- Propose the budget for tasks involved in the investigation of land and mapping land’s current situation in 2019 under the jurisdiction of the Ministry of Natural Resources and Environment;

- Consolidate demands for The investigation of land and mapping land’s current situation in 2019 from localities and petition the Prime Minister to consider granting his decision on approval of proposed subsidies for localities facing difficulties due to failure to balance their budget expenditures and revenues;

- Provide instructions about forms, samples and methods of land resource inventory and land use mapping in 2019; completely build land resource inventory software, provide it for widespread use, improve information technology infrastructure of the Ministry of Natural Resources and Environment to ensure the consistent application of information technologies for land resource inventory and land use mapping activities;

- Take control of and provide training courses in, check, expedite and assess the results of The investigation of land and mapping land’s current situation  in provinces and centrally-controlled cities across the nation;  

- Make the investigation of coastal-flooded land;

- Compile and make reports on the investigation of land and mapping land’s current situation in 2019 nationwide and in socio-economic regions to serve the purpose of public disclosure and reporting to the Prime Minister.

b) The Ministry of National Defense and Ministry of Public Security shall preside over and cooperate with People’s Committees of provinces and centrally-affiliated cities in making an inventory of national defense and security land to produce identical data meeting the requirements for compilation of the investigation of land and mapping land’s current situation in 2019  of each locality; simultaneously, sending result reports to the Ministry of Natural Resources and Environment for compiling purposes.

c) The Ministry of Agriculture and Rural Development shall preside over and cooperate with Ministry of Natural Resources and Environment and People’s Committees of provinces and centrally-affiliated cities in taking control of providing maps, inventory data on the current status of forests, statistics data on the current status of forests in the latest year to serve requirements for The investigation of land and mapping land’s current situation in 2019; simultaneously, reviewing inventory and statistics data on the current status of forests within localities in order to ensure they are identical to investigation of land in 2019.

d) The Ministry of Finance shall cooperate with the Ministry of Natural Resources and Environment in making an assessment of demands for funds for land resource inventory and land use mapping in 2019 of ministries and centrally-affiliated state agencies; demands for subsidies for expenditures on land resource inventory and land use mapping in 2019 for localities facing difficulties due to failure to balance their budget expenditures and revenues, and sending the report on such assessment to the Prime Minister to seek his approval decision.  

dd) The Ministry of Planning and Investment (The General Statistics Office) shall cooperate with Ministry of Natural Resources and Environment in designing survey plans, forms, samples and methods for land resource inventory and land use mapping.

e) The People’s Committees of centrally-affiliated cities and provinces:

- Develop plans, proposals and allocate funds for land resource inventory and land use mapping tasks, and take control of implementation of these tasks by departments, sectoral administrations and People’s Committees of districts or communes; regularly inspect, expedite and promptly relieve difficulties arising in land resource inventory and land use mapping activities;

- Cooperate with the Ministry of National Defense and the Ministry of Public Security in making an inventory of national defense and security land during the process of land resource inventory in order to ensure consistency of data between local units;

- Take control of carrying out the acceptance testing on land resource inventory and land use mapping results in accordance with regulations in order to ensure complete contents, timeliness and assurance of quality of the investigation of land and mapping land’s current situation in 2019  at localities;

- Assume responsibility to the Prime Minister for contents and quality of data, time of commencement and completion, and reporting of results of the investigation of land and mapping land’s current situation in 2019 at localities in conformity with requirements laid down herein.

Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, and Chairmen/Chairwomen of People’s Committees of centrally-affiliated cities and provinces, shall implement this Directive./.

The Prime Minister

Nguyen Xuan Phuc