Thông tư 34/2014/TT-BTNMT

CIRCULAR

ON DEVELOPMENT, MANAGEMENT AND USE OF LAND INFORMATION SYSTEM

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government's Decree No. 21/2013/ND-CP dated March 04, 2013 on functions, tasks, power and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of the Land Law;

At the request of the Director General of the General Department of Land Management and the Director of the Department of Legal Affairs,

The Minister of Natural Resources and Environment promulgates a Circular on development, management and use of land information system.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular deals with development, management and use of the land information system; and requirements for entities providing consulting services related to development of the land information system (LIS).

Article 2. Regulated entities

1. Natural resources and environmental authorities; specialized natural resources and environmental authorities; and cadastral officials of communes/wards/townlets.

2. Other entities relevant to development, management and use of the LIS.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. "land data" means information about land in figures displayed by signs, writings, numbers, images, audio or equivalent forms.

2. “sharing of land data” is an act of providing data files or transmitting data between the LIS and other information systems.

3. "land website” is the only access to land data of a land authority via the Internet in order to connect and integrate with information channels, services and applications on land and help users access and exploit land information.

Article 4. Rules for development, management and use of the LIS

1. Rules for developing the LIS:

a) Developing a consistent design system throughout the country; providing land data for multiple users and for multiple purposes;

b) Ensuring safety, confidentiality and regular operation;

c) Ensuring publicity and allowing sharing with information systems and data of relevant authorities.

2. Rules for managing and using the LIS:

a) Serving promptly the state management and satisfying requirements for socio-economic development and national security;

b) Ensuring accuracy, truthfulness and objectivity;

c) Ensuring scientism and convenience of exploitation and use of the LIS;

d) Ensuring the update, completion and logic;

dd) Using the data for the proper purposes;

e) Exploiting and using data along with fulfilling financial obligations;

g) Complying with regulations of law on protection of national secrets.

Chapter II

DEVELOPMENT, MANAGEMENT AND USE OF THE LIS

Section 1. DEVELOPMENT OF THE LIS

Article 5. Overall model of the LIS

1. The LIS is a part of the information system of natural resources and environment.

2. The LIS shall be developed, connected, integrated, used for sharing data, managed and operated by central and local authorities according to the following provisions:

a) In central authorities, the LIS plays a role as the national land data managed and operated by the Land Data and Information Center affiliated to the General Department of Land Management (Ministry of Natural Resources and Environment).

The national land data shall be connected and shared with other national data and data of ministries and authorities relevant to land use.

b) In local authorities, the LIS plays a part as the land data of provinces/central-affiliated cities (hereinafter referred to as "land data of provinces") managed, operated and updated by Land Registries of provinces.

Land data of provinces shall be collected from land data of districts/towns/provincial cities (hereinafter referred to as "land data of districts”).

Land data of districts shall be developed according to collection of land data of communes/wards/townlets.

Land data of provinces shall be connected and shared with data of other authorities in provinces.

Land data of provinces shall be connected and integrated with national land data via dedicated networks.

c) Authorities affiliated to the Departments of Natural Resources and Environment of provinces; Departments of Natural Resources and Environment of districts; cadastral officials of communes/wards/townlets shall be entitled to seek access to land data of provinces via local area networks (LANs) or wide area networks (WANs) to exploit and update information within their competence.

3. The overall design of the LIS shall be created in order to apply throughout the country and shall be approved by the Ministry of Natural Resources and Environment.

Article 6. Development of the LIS

1. The LIS shall include land information technology (IT) infrastructure; software systems of the operating system, system software, application software and national land data.

2. The land IT infrastructure shall ensure operating according to the model stated in Article 5 herein and the following provisions:

a) The land IT infrastructure shall include server systems, storage systems, network devices, workstations, peripheral devices and other supporting devices;

b) Connected network infrastructures using dedicated data transmission networks (DTNs) of authorities affiliated to the Communist Party of Vietnam and state authorities, WAN of natural resources and environment or DTNs provided by service providers; in which the use of dedicated DTNs by the aforesaid authorities shall be given priority.

3. Software systems shall ensure the overall design of the LIS approved by the Minister of Natural Resources and Environment and shall:

a) ensure that data entry, management and update are convenient for all land data;

b) fulfill requirements for confidentiality and data safety in updating and editing land data; ensure close grant of privilege configuration of data;

c) display land information under actual state and store updated information about land use in the history;

d) make it convenient, quick and accurate to exploit land information.

4. The national land data shall ensure the overall design of the LIS and data standards promulgated by the Minister of Natural Resources and Environment.

a) The national land data shall be developed from sources of land data stored at central authorities; integrate from land data of local authorities; synthesize preliminary investigation results and data related to land provided by ministries or authorities; or legislative documents on land;

b) Land data of local authorities shall be obtained from measurement results and making cadastral maps; land registration, making of cadastral records, issuance of certificates of land use rights, house ownership and other property on land; preparation of statistics and inventory of land; making planning and plans for land use; land pricing and maps of land prices; preliminary investigation on land; inspection, settlement of disputes related to land; or legislative documents on land.

5. Components of the LIS shall be developed by state authorities or provided by service providers.

Article 7. Technical standards of the LIS

1. The land IT infrastructure shall reach relevant technical standards under regulations of the Minister of Information and Communications.

2. Software systems, contents, structures and types of land data shall meet technical standards on software and land data promulgated by the Minister of Natural Resources and Environment.

Section 2. MANAGEMENT AND USE OF THE LIS

Article 8. Management of the LIS

1. The General Department of Land Management shall assist the Ministry of Natural Resources and Environment in managing the LIS as follows:

a) Develop, manage, operate and use the LIS and national land data and provide electronic public services related to land;

b) Synthesize preliminary investigation results and data related to land provided by relevant ministries and authorities;

c) Provide guidelines, carry out inspections and supervision of development, manage, update and use the LIS and provide electronic public services related to land in provinces;

d) Develop regulations on grant of privilege configuration of land data and request the Minster of Natural Resources and Environment to promulgate them; manage connection, sharing and provision of data for data of ministries and central and local authorities;

dd) Take charge and cooperate with relevant authorities in assessing the software of the LIS and request the Minister of Natural Resources and Environment for approval.

2. People’s Committees of provinces shall direct implementation and conduct inspection of development, management, update and use of the LIS in their provinces.

3. Departments of Natural Resources and Environment of provinces shall assist People’s Committees thereof in:

a) making plans for development of the LIS in their provinces and request People’s Committees for approval;

b) directing Land Registries to update and exploit land data in their provinces; IT centers to manage IT infrastructure, ensure safety and protect data confidentiality of their provinces;

c) directing development, management, use and update of land data in their provinces.

Article 9. Forms of using the LIS

1. Land information may be used via the Internet, land websites or short message service (SMS).

2. Land information shall be exploited through enquiry forms at authorities providing land data.

3. Use of land information shall be charged in accordance with regulations of law, except for provisions stated in Clause 4 and Clause 5 this Article and the following cases:

a) The list of data included in land data;

b) Information about planning and plans for land use approved by a competent state authority;

c) Quoted land price bracket and land price list;

d) Information about administrative procedures related to land;

dd) Legislative documents on land.

4. In case of land data is provided for the purposes of national security, upon requests of leaders of the Communist Party of Vietnam and the State or in case of an emergency, authorities in charge shall provide free of charge land data under assignment of heads of authorities.

5. The Ministry of Natural Resources and Environment, natural resources and environmental authorities of provinces, People’s Committees of all levels shall be entitled to use land data for free to carry out state management of land.

Article 10. Use of land data via the Internet, land websites and SMS

1. Entities wishing to use land data via the Internet/land websites/SMS shall register and be granted privilege configuration of land data from the LIS.

2. The entity granted privilege configuration of land data shall:

a) log in correct address and lock code and not reveal them;

b) use data within the granted scope, use data for the proper purposes and not violate against regulations on land data;

c) manage contents of used data and not send them to another entity, unless otherwise agreed/approved in a document by the authority providing land data;

d) not falsify, destroy, copy, disclose, display or move part of or the entire data; not create or spread a software program to disturb, alter or destroy the LIS; promptly notify the authority providing land data of errors in the provided data.

3. The authority providing land data shall:

a) facilitate easy access to data for entities; provide simple search tools showing right results;

b) ensure data frame meeting technical regulations and standards for easy download, quick display and printing by popular electronic devices;

c) assist entities in seeking access to the LIS;

d) ensure accuracy and consistency of content and update data in the LIS regularly and promptly;

dd) specify the effect of online data type;

e) comply with regulations of law on protection of national secrets.

4. In case of suspending provision of online data/services, the authority providing land data shall:

a) publish the suspension within 7 working days before the provision of online data/services is suspended for repair, actions against incidents, upgrading or expansion of information infrastructure. Contents of the publishing shall specify the estimated time for completion of the recovery, except for force majeure events;

b) take actions against incidents after the LIS has errors in the course of operation that cause serious effect or suspension of providing online data/services.

Article 11. Use of data through enquiry forms

1. The entity wishing to use land data (applicant) shall submit a completed enquiry form provided in specimen No. 01/PYC attached hereto to the authority providing land data (receiving authority).

2. From the day on which the valid enquiry form is received, the receiving authority shall provide the applicant with land data or a written explanation if the enquiry form is rejected.

3. Use of data through the enquiry form shall comply with regulations of law.

Article 12. Procedures for providing land data

1. The enquiry form may be submitted to the receiving authority:

a) in person;

b) by post or fax; or

c) by email or through the land website.

2. The receiving authority shall receive and process the enquiry form and notify the applicant of fulfillment of financial obligations (if any). If the enquiry form is rejected, the receiving authority shall provide the applicant with a written explanation.

3. After fulfilling financial obligations, the applicant shall be provided with land data by the receiving authority.

4. Time limit for providing land data:

a) Land data shall be provided within a day if the enquiry form is received before 3 p.m. or on the following day if the enquiry form is received after 3 p.m.;

b) If the request for providing land data is made in the form of collecting information, the time limit therefor shall be determined according to an agreement concluded by and between the receiving authority and the applicant.

Article 13. Cases where enquiry forms are rejected

1. The enquiry form fails to specify clear information; request for providing land data classified as national secrets violates regulations of law.

2. The enquiry form has no signature and seal affixed by the organization's representative if the applicant is an organization; no signature, full name and address specified by the individual if the applicant is an individual.

3. Purposes of land data use violate regulations of law.

4. The applicant fails to fulfill financial obligations.

Article 14. Use of land data through agreements

The use of land data that needs to be collected and processed before providing to the applicant shall be carried out under the agreement specified in regulations of the Civil Code concluded by and between the receiving authority and the applicant. The form of such agreement is provided in specimen No. 2 attached hereto.

Article 15. Authorities providing land data

1. Central authority providing land data shall be the Land Data and Information Center affiliated to the General Department of Land Management (Ministry of Natural Resources and Environment).

2. Local authorities providing land data shall be Land Registries of provinces.

For the provinces where land data has not been developed, Land Registries and People’s Committees of communes shall provide land data from cadastral records within their competence.

Article 16. Charges for and costs of providing land data

1. Charges for and costs of providing land data shall consist of:

a) Charges for use of land data;

b) Costs of printing and making copies of documents;

c) Costs of delivering documents (if any).

2. The General Department of Land Management shall develop and request the Minister of Natural Resources and Environment to assign competent authorities to quote the amount of charges for use of land data.

3. Departments of Natural Resources and Environment of provinces shall develop the amount of charges for use of land data and request People’s Committees of provinces to continue requesting People’s Councils thereof for approval.

Article 17. Sharing of land data among ministries, authorities and People’s Committees of provinces

Sharing of land data shall be carried out as follows:

1. Relevant ministries and authorities shall provide preliminary investigation results and land data for the General Department of Land Management.

2. The General Department of Land Management shall grant privilege configuration to use data from the LIS to ministries and local authorities.

3. Departments of Natural Resources and Environment of provinces shall grant privilege configuration to use data from the LIS to those of other provinces, authorities, People’s Committees of districts and communes.

4. Authorities managing and authorities receiving land data shall take necessarily professional and technical measures to ensure safe, accurate and prompt sharing of data.

Article 18. Assurance of land data safety

1. Authorities managing the LIS shall take managing, professional and technical measures in order to ensure safety and confidentiality of data, computer safety and network security as follows:

a) Information storage devices such as hard disks, magnetic tapes, magnetic discs and other electronic devices shall be available, stable and effective.

b) Data shall ensure safety in accordance with rules and formats of the database system and avoid the cases that intentionally ruin structures and contents of data;

c) Information shall ensure safety; avoid illegal access and prevent information loss from the LIS by using firewalls and anti-virus software.

2. The LIS shall have a backup system to ensure stable and continuous operation in case of natural disasters, fire and other incidents The backup system shall be developed according to regulations of law on information technology.

3. Land data shall be backed up to the data storage devices to store weekly, monthly and annually so as to prevent data errors or loss in the course of management and use.

Weekly backups shall be stored for at least 3 months; monthly backups shall be stored for at least 1 year; annual backups shall be stored forever in at least 2 places.

Article 19. Confidentiality of land data

1. The printing, copying, transportation, transfer, transmission, storage and supply of data and other activities related to data classified as national secrets shall comply with regulations of law on protection of national secrets.

2. The authority providing land data shall take charge and cooperate with relevant authorities in supervising and detecting non-confidential data.

3. Officials and employees shall update and use permitted land data and update in every data element to ensure close management of access to and update of land data.

4. The list of confidential documents on land included in the list of documents on national secrets is provided in the Prime Minister’s Decision on the list of highly confidential documents on national secrets in the field of natural resources and environment and the Decision on the list of confidential documents on national secrets therein made by the Minister of Public Security.

Section 3. REQUIREMENTS FOR ENTITIES PROVIDING CONSULTING SERVICES RELATED TO THE LIS

Article 20. Requirements for entities providing consulting services related to IT infrastructure and software development

Requirements for entities providing consulting services related to IT infrastructure and software development of the LIS shall comply with regulations of law on management of investment in application of IT funded by the stated budget.

Article 21. Scope of providing consulting services on land data development

Scope of providing consulting services on land data development shall include:

1. Consulting services on land data development for districts.

2. Consulting services on land data development for provinces.

3. Consulting services on land data development for the State.

Article 22. Requirements for organizations providing consulting services on land data development

1. The organization providing consulting services (provider) shall have relevant eligibility.

2. The provider shall fulfill the requirements for providing consulting services on land data development stated in Article 23 herein as follows:

a) Have at least 10 individuals to provide consulting services on land data development for districts;

b) Have at least 15 individuals to provide consulting services on land data development for provinces or for the State.

Article 23. Requirements for individuals providing consulting services on land data development

The individual eligible to provide consulting services on land data development working for the organization shall:

1. have legal capacity.

2. have at least a bachelor’s degree in IT, land management, cadastral survey or cadastral mapping and have at least 3-year experience of land data development.

Chapter III

IMPLEMENTATION PROVISIONS

Article 24. Effect

This Circular comes into force from August 13, 2014.

Article 25. Responsibilities

1. The General Department of Land Management shall inspect implementation of this Circular.

2. People’s Committees of provinces shall disseminate, direct and implement this Circular.

3. Departments of Natural Resources and Environment of provinces shall implement this Circular.

Any issues arising in the course of implementation shall be promptly reported to the Ministry of Natural Resources and Environment.