Thông tư 10/2016/TT-BXD

CIRCULAR

PROVIDING THE PLANTING AND MANAGEMENT OF BOUNDARY MARKERS UNDER CONSTRUCTION PLANNING

Pursuant to June 18, 2014 Construction Law No. 50/2014/QH13;

Pursuant to June 17, 2009 Urban Planning Law No. 30/2009/QH12;

Pursuant to the Government’s Decree No. 62/2013/ND-CP of June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 44/2015/ND-CP of May 6, 2014, detailing a number of contents of construction planning;

Pursuant to the Government’s Decree No. 37/2010/ND-CP of April 7, 2010, on the formation, appraisal, approval and management of urban master plans;

At the proposal of the Director of the Planning and Architecture Department;

The Minister of Construction promulgates the Circular providing the planting and management of boundary markers under construction planning.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation: This Circular provides the formulation, appraisal and approval of dossiers for boundary marker planting under construction planning, including urban planning, special functional zone planning and rural planning; the on-site planting of boundary markers and management of boundary markers.

2. Subjects of application: Agencies, organizations and individuals involved in the planting and management of boundary markers under construction planning in the Vietnamese territory.

Article 2. Types of boundary markers

1. Boundary markers to be planted on site include road median-line markers, red-line markers, construction ban zone boundary markers under approved boundary marker planting dossiers.

2. Road median-line markers means markers indicating coordinates and altitudes of intersections and direction-changing points of road median lines, marked TD.

3. Red-line markers means markers indicating the boundary between a land plot for work construction and a land area reserved for a road or technical infrastructure facilities, marked CGD.

4. Construction ban zone boundary markers means markers indicating boundaries of a construction ban zone, historical or cultural relic conservation or embellishment zone or another protected area, marked RG.

5. If to be-planted boundary markers lie within an existing work, affecting such work, reference markers shall be identified to replace the to be-planted markers, marked MTC.

Article 3. General principles of formulation, appraisal and approval of boundary marker planting dossiers and on-site planting of boundary markers

1. For general planning, sub-zone planning, the formulation, appraisal and approval of boundary marker planting tasks and dossiers and on-site planting of boundary markers shall be carried out immediately after provincial- or district-level People’s Committees publicize boundary marker planting plans.

2. For detailed planning, the formulation, appraisal and approval of boundary marker planting tasks and dossiers and on-site planting of boundary markers shall be carried out immediately after planning blueprints are approved by competent authorities.

3. For construction ban zones, historical and cultural relic conservation and embellishment areas and other protected areas where boundary markers have been planted under specialized regulations, the formulation, appraisal and approval of boundary marker planting dossiers and on-site planting of boundary markers under construction planning are not required.

4. For roads of which existing size or land occupancy are kept intact as stated in the construction planning approved by competent authorities; internal roads for traffic within zones already assigned to a unit for management and lawful and stable use in conformity with planning, the formulation, appraisal and approval of boundary marker planting dossiers and boundary marker planting under construction planning are not required.

5. Based on the management requirements and database on local construction planning, People’s Committees at all levels shall decide on scale of maps for the formulation of boundary marker planting dossiers with regard to the boundary marker planting dossiers under their respective approving competence under Clause 3, Article 5 of this Circular.

Article 4. Formulation of boundary marker planting plans

1. For general planning, urban sub-zone planning and special functional zone planning, based on construction planning blueprints approved by competent state agencies, provincial or district-level construction planning management agencies shall formulate boundary marker planting plans and submit them to same-level People’s Committees for promulgation and use as a basis for related units to plant boundary markers under approved general planning, urban sub-zone planning or special functional zone planning blueprints.

2. For general planning on construction of communes, based on construction planning blueprints approved by competent state agencies, commune-level People’s Committees shall formulate boundary marker planting plans and submit them to district-level People’s Committees for promulgation and use as a basis for related units to plant boundary markers under approved general commune construction planning blueprints.

3. Boundary marker planting plans must conform to plans on implementation of construction planning and urban development zone planning, and meet the requirements of management and development of urban areas, special functional zones and rural communes.

4. Boundary marker planting plans under general planning blueprints and sub-zone planning must clearly state the following:

a/ Roads and construction ban zones with marker planting priority; lists of roads and zones for boundary marker planting;

b/ Areas in the process of, or planned for, formulation of detailed planning blueprints in a short term;

c/ Historical and cultural relic conservation or embellishment zones and other protected areas, which are in the process of, or planned for, protection marker planting in accordance with law;

d/ Schedule, period and agencies in charge of boundary marker planting dossier formulation, appraisal and approval; fund for dossier formulation and on-site planting of boundary markers.

Article 5. Requirements on boundary marker planting dossiers and provisions on maps for the formulation of dossiers on boundary marker planting under construction planning

1. Boundary marker planting dossiers must conform to approved construction planning blueprints.

2. Boundary marker planting dossiers shall be formulated on digital topographical maps certified by competent agencies.

3. Measuring boundaries and scale of maps for the formulation of boundary marker planting dossiers depend on management requirements and terrain of areas for which boundary marker planting dossiers are formulated:

a/ For urban and inner city areas, boundary marker planting dossiers for general planning, sub-zone planning and detailed planning shall be formulated on maps of 1/2,000 or 1/500 scale;

b/ For suburban areas, boundary marker planting dossiers for general planning, sub-zone planning and detailed planning shall be formulated on maps of 1/5,000, 1/2,000 or 1/500 scale.

Article 6. Distance between two consecutive boundary markers planted on site

The distance between two consecutive boundary markers is at least 30 meters, depending on terrain of the area where boundary markers are planted and must meet the requirements on management of boundaries in terms of boundary and altitude. In case the distance between two consecutive boundary markers is under 30 meters, such shall be explained in the boundary marker planting dossier.

Article 7. Fund for the formulation of dossiers of boundary marker planting under construction planning and on-site planting of boundary markers

1. State budget fund shall be used for the formulation of boundary marker planting dossiers and on-site planting of boundary markers, addition and restoration of boundary markers, for general planning, sub-zone planning and detailed planning blueprints outside work construction investment projects for the commercial operation purpose.

2. Funds of organizations and individuals shall be used for the formulation of boundary marker planting dossiers and on-site planting of boundary markers within project areas, for planning blueprints in work construction investment projects for the commercial operation purpose.

Article 8. Conditions on, capacity of, organizations and individuals participating in the formulation of boundary marker planting dossiers and on-site planting of boundary markers

Consultancy organizations and individuals participating in the formulation of boundary marker planting dossiers and on-site planting of boundary markers under construction planning and urban planning must fully meet the prescribed conditions and have capacity for measuring and mapping activities in accordance with law.

Chapter II

THE FORMULATION, APPRAISAL AND APPROVAL OF BOUNDARY MARKER PLANTING TASKS AND DOSSIERS AND ORGANIZATION OF ON-SITE PLANTING OF BOUNDARY MARKERS

Article 9. Responsibility to organize the formulation and approval of boundary marker planting tasks and dossiers and on-site planting of boundary markers

1. Provincial-level People’s Committees shall organize the formulation and approval of boundary marker planting tasks and dossiers and planting of boundary markers under urban planning or special functional zone construction planning blueprints, which fall under the approving competence of the Prime Minister or provincial-level People’s Committees.

2. People’s Committees of provincial cities or towns shall organize the formulation and approval of boundary marker planting tasks and dossiers and planting of boundary markers under blueprints of urban planning or planning on construction of special functional zones within boundaries of administrative units under their respective management, except for the cases specified in Clause 1 of this Article.

3. People’s Committees of urban districts shall organize the formulation and approval of boundary marker planting tasks and dossiers and planting of boundary markers under blueprints of sub-zone planning or detailed planning within boundaries of administrative units under their respective management, except for the cases specified in Clause 1 of this Article.

4. People’s Committees of rural districts of provinces or centrally run cities shall organize the formulation and approval of boundary marker planting tasks and dossiers and planting of boundary markers under blueprints of general planning or detailed planning on their respective townships; subzone planning or detailed planning on special functional zones within boundaries of administrative units under their respective management, except for the cases specified in Clause 1 of this Article.

5. Commune People’s Committees shall organize the formulation of boundary marker planting tasks and dossiers and planting of boundary markers under blueprints of general planning for construction of communes under their respective management, and submit them to district- level People’s Committees for approval.

6. Owners of investment projects on construction of works under work construction investment projects for the commercial operation purpose shall organize the formulation and approval of boundary marker planting tasks and dossiers and coordinate with People’s Committees at different levels in organizing the planting of boundary markers under detailed planning on project areas. Before being approved, boundary marker planting dossiers must be approved by agencies competent to appraise detailed planning blueprints in order to ensure the conformity with the approved detailed planning and compatibility with technical infrastructure systems outside the fences.

Article 10. Agencies appraising tasks and dossiers of boundary marker planting under approved construction planning

The construction planning management agencies of People’s Committees at all levels shall appraise tasks and dossiers of boundary marker planting under urban planning, special functional zone construction planning or rural construction planning, which fall under the approving competence of same-level People’s Committees.

Article 11. Provisions on boundary marker planting under blueprints of urban general planning, special functional zone construction general planning or commune construction general planning

1. For centrally run cities, boundary markers to be planted on site include:

a/ Road median-line markers for urban thoroughfares to be newly built or renovated;

b/ Red-line markers for urban thoroughfares to be newly built or renovated;

c/ Markers indicating boundaries of construction ban zones; historical and cultural relic conservation and embellishment areas and other protected zones.

2. For provincial cities, towns, townships, new urban centers and special functional zones, markers to be planted on site include:

a/ Road median-line markers, for urban thoroughfares and roads in areas to be built or renovated in such urban centers or special functional zones;

b/ Red-line marker for urban thoroughfares and roads in areas to be built or renovated in urban centers or special functional zones;

c/ Marker indicating boundaries of construction ban areas; historical and cultural relic conservation and embellishment areas and other protected areas.

3. For communes, boundary markers to be planted on site include:

a/ Road median-line markers for road axes in communes, inter-village roads, village road axes and main intra-field roads to be built or renovated in communes;

b/ Red-line markers for road axes in communes, inter-village roads, village road axes and intra-field roads linked to major technical infrastructure facilities to be built or renovated in communes;

c/ Markers indicating boundaries of construction ban areas; historical and cultural relic conservation or embellishment areas and other protected areas.

Article 12. Boundary marker planting for sub-zone planning blueprints

Boundary markers to be planted on site for sub-zone planning blueprints include:

1. Road median-line markers for roads to be built or renovated in planning areas.

2. Red-line markers for roads to be built or renovated in planning areas.

3. Markers indicating construction ban areas, including markers indicating boundaries of construction ban areas, historical and cultural relic conservation or embellishment areas and other protected areas in planning areas.

Article 13. Boundary marker planting for detailed planning blueprints

Boundary markers to be planted on site include:

1. Road median-line markers for roads and alleys to be built or renovated in planning areas.

2. Red-line boundary markers for roads and alleys to be built or renovated in planning areas. On red-line boundary markers, parameters defining construction boundaries and elevation must be clearly inscribed.

3. Construction ban boundary markers, including markers indicating boundaries of construction ban areas, historical and cultural relic conservation and re-embellishment areas and other protected areas in planning areas.

Article 14. Boundary marker planting task dossiers

A boundary marker planting task dossier must comprise:

1. Explanation of boundary marker planting tasks:

a/ Identifying boundary marker planting requirements under construction planning;

b/ Identifying work volume to be performed;

c/ Determining fund for the dossier formulation;

d/ Organizing the implementation and projected period of dossier formulation.

2. Components of drawings:

Diagrams of positions and scope of boundary marker planting extracted from construction planning blueprints approved by competent authorities on an appropriate scale.

3. Relevant legal documents.

4. Report and draft decision on approval of the boundary marker planting task in the dossier.

5. Legal person status and capability files of consultancy organization that formulates the boundary marker planting task.

Article 15. Dossiers of boundary marker planting under construction planning

A dossier of boundary marker planting under construction planning must comprise:

1. Boundary marker planting dossier explanation;

a/ Grounds for the dossier formulation;

b/ Assessment of the current conditions of boundary marker planting area;

c/ Contents of the boundary marker planting, including types of boundary marker to be planted; number of boundary markers to be planted; boundary marker positioning scheme; distance between two consecutive boundary markers; reference boundary markers (if any).

d/ Estimated fund for boundary marker planting;

dd/ Organization of implementation.

2. Components of drawings:

a/ Diagrams of positions and scope of boundary markers to be planted extracted from construction planning blueprints approved by competent authorities on an appropriate scale;

b/ Boundary marker planting drawing, which must show positions, coordinates and altitudes of to be-planted boundary markers, on the background of topographical maps and on the scale prescribed in Article 5 of this Circular.

3. Relevant legal documents.

4. Report and draft decision on approval of the boundary marker planting dossier.

5. Legal person status and capability files of organizations counseling on the dossier formulation.

6. Compact disks storing all explanations and drawings.

Article 16. The formulation of modified boundary marker planting tasks and dossiers

1. After modified construction planning blueprints are approved by competent bodies, the formulation, appraisal and approval of the modified boundary marker planting tasks and dossiers and on-site planting of boundary markers must comply with Articles 9, 10, 11, 12, 13, 14 and 15 of this Circular.

2. Based on contents of modified blueprints of planning and plans for planning implementation, agencies organizing the formulation of modified boundary marker planting tasks and dossiers shall review and clarify requirements and contents to be modified or added in boundary marker planting tasks and dossiers.

Chapter III

ON-SITE PLANTING OF BOUNDARY MARKERS, PRE-ACCEPTANCE TEST AND HANDOVER OF ON-SITE BOUNDARY MARKERS

Article 17. On-site planting of boundary markers

1. Agencies and units responsible for the formulation of boundary marker planting dossiers and organization of on-site planting of boundary markers defined in Article 9 of this Circular may hire consultancy organizations or individuals fully meeting the prescribed capability conditions to participate in the implementation.

2. Agencies organizing the boundary marker planting shall add reference boundary markers arising in the course of planting boundary markers on site in approved boundary marker planting dossiers.

Article 18. Responsibility to coordinate on-site planting of boundary markers

1. Boundary marker planting plans and drawings shall be addressed by agencies or units that conduct the on-site planting of boundary markers to related commune-level People’s Committees before conducting the on-site survey, measurement and planting of boundary markers.

2. Commune-level People’s Committees shall base themselves on plans on on-site survey, measurement and planting of boundary markers and coordinate with boundary marker planting units.

Article 19. On-site pre-acceptance test and handover of boundary markers

Upon the completion of boundary marker planting on site under boundary marker planting dossiers and completion of dossiers on boundary markers actually planted on site, agencies responsible for organizing the boundary marker planting shall organize the pre-acceptance test and handover thereof to commune-level administrations for protection of boundary markers.

Article 20. Boundary markers

1. A boundary marker consists of a foundation for marker planting, marker base and body, made of 200 ratio steel-reinforced concrete, ensuring its durability and visibility.

2. The marker base is sized 40 x 40 x 50 cm.

3. The marker body is 90 cm long. The cross section of marker body of different kinds is as follows:

a/ A road median-line marker has a round cross section with the diameter of 15 cm;

b/ A red-line boundary marker has a square cross section with the side length of 15cm;

c/ A regional boundary marker has an equilateral triangle cross section with the side length of 15 cm;

d/ A reference marker has a cross section similar to that of a to be-planted boundary marker; and fully shows parameters referring to boundary markers to be planted.

4. The marker surface bear a porcelain or iron middle piece engraved with marker symbol and serial number.

5. The minimum depth of the marker planting foundation is 100 cm.

Chapter IV

MANAGEMENT OF BOUNDARY MARKERS, PRESERVATION OF DOSSIERS AND PROVISION OF INFORMATION ABOUT BOUNDARY MARKERS

Article 21. Responsibility to manage and protect boundary markers

1. District- and commune- level People’s Committees shall manage planning boundary markers within boundaries of administrative units under their respective management; and annually organize the inspections, addition and restoration of boundary markers which are lost or dislocated as compared with approved boundary marker planting dossiers.

2. Commune-level People’s Committees shall protect on-site boundary markers, propagate and mobilize people to participate in the protection and management of boundary markers in their respective localities; promptly report in writing on boundary markers which are dislocated or damaged to district-level People’s Committees that shall sum up cases under the approving competence of provincial-level People’s Committees and report them in writing to specialized management agencies for restoration under plans.

Article 22. Preservation of dossiers of boundary marker planting under planning

1. Planning management agencies and land management bodies at all levels shall preserve dossiers of boundary marker planting under the approving competence of same-level People’s Committees and provide documents and data related to boundary markers to requesting agencies, organizations and individuals in accordance with law.

2. Agencies and units organizing the formulation of boundary marker planting tasks and dossiers and on-site planting of boundary markers shall hand over approved boundary marker planting dossiers to related planning management agencies and land management agencies at all levels for preservation, coordinated management and on-site planting of boundary markers to serve the inspection, supervision and management under construction planning. Each dossier must comprise an approving decision enclosed with explanations; drawings with approving signatures and seals, computer file storing all explanations, drawings, minutes of pre-acceptance test and handover of on-site boundary markers.

3. District-level People’s Committees shall make copies of original boundary marker planting dossiers and hand them over to related commune-level People’s Committees for management of on-site boundary markers.

4. Dossiers of boundary marker planting under construction planning are documents  to be used by administrations at all levels in publicizing and managing planning documents; implementing investment projects, granting construction permits and land use rights certificates, and assigning (leasing) land under regulations.

Article 23. Provision of information about boundary marker planting dossiers to organizations and individuals upon their requests

1. Agencies assigned to manage and preserve boundary marker planting dossiers shall organize the receipt and provision of approved boundary marker planting dossiers at requests of organizations and individuals.

2. Agencies obliged to provide information about boundary markers may provide them in the form of written replies or copies of drawings of boundary marker planting dossiers approved by competent authorities.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 24. Transitional clause

For boundary marker planting dossiers approved by competent authorities but not yet implemented; boundary marker planting tasks and dossiers formulated and appraised but not yet approved by competent authorities before this Circular takes effect, the formulation, appraisal and approval of boundary marker planting tasks and dossiers and on-site planting of boundary markers must comply with the Ministry of Construction’s Circular No. 15/2010/TT-BXD of August 27, 2010, prescribing the planting and management of boundary markers under urban planning.

Article 25. Organization of implementation

Agencies, organizations and individuals involved in activities related to the formulation, appraisal and approval of boundary marker planting dossiers, on-site planting and management of boundary markers shall implement this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Construction for study and settlement.

Article 26. Effect

This Circular takes effect on April 30, 2016, and replaces the Ministry of Construction’s Circular No. 15/2010/TT-BXD of August 27, 2010, prescribing the planting and management of boundary markers under urban planning.-