Ministry of Home Affairs regulations on establishment and management of administrative boundary records

Accordingly, this Circular provides for the establishment and management of administrative boundary records of provinces and centrally run cities (hereinafter referred to as provincial level); districts, towns, provincial cities, and centrally run cities (hereinafter referred to as district level); communes, wards, and towns (hereinafter referred to as commune level).

3 principles for establishing and managing administrative boundary records

Firstly, administrative unit boundary records are established when the Resolution of the National Assembly or the National Assembly Standing Committee on the establishment, dissolution, merger, division, and adjustment of administrative unit boundaries; the decision of the competent authority on determining administrative unit boundaries in areas where administrative unit boundaries have not been unified comes into effect or in cases where it is necessary to move the location of administrative unit boundary markers in the field.

In which: Implement new administrative unit boundary records when administrative units are established, merged, or divided according to the decision of competent authorities. Implement correction and supplementation of administrative unit boundary records for administrative units not falling under the cases specified in Point a, Clause 1 of this Article.

Second, the establishment of administrative unit boundary records shall comply with the provisions of this Circular and the provisions of law on techniques for determining administrative unit boundary lines, placing administrative unit boundary markers, and establishing administrative unit boundary records at all levels.

Third, the management and storage of administrative unit boundary records shall comply with the provisions of this Circular and the provisions of law on archiving.

Procedure for preparing administrative unit boundary records

First, assess the current status of administrative unit boundaries and administrative unit boundary records.

Based on documents of competent authorities on establishment, dissolution, merger, division, adjustment of administrative unit boundaries; documents on determination of administrative unit boundaries in areas where administrative unit boundaries are not unified or in cases where it is necessary to move the location of administrative unit boundary markers in the field, the Provincial People's Committee shall organize surveys and assess the current status of administrative unit boundaries in the field and assess the current status of administrative unit boundary records at all levels that are being stored and managed as a basis for determining the items and volume of work that need to be implemented.

Second, determine the administrative boundaries in the field:

Provincial People's Committees organize the determination of administrative boundary lines at all levels, locations of administrative boundary markers and characteristic points on administrative boundary lines in the field.

The Ministry of Home Affairs shall preside over and coordinate with relevant ministries, agencies and localities to organize the determination of administrative unit boundaries, locations of administrative unit boundary markers and characteristic points on relevant provincial-level administrative unit boundary lines in the field in cases where implementation is carried out in accordance with decisions of competent authorities on the determination of administrative unit boundaries in areas where provincial-level administrative unit boundaries have not yet been unified and hand over the results to the Provincial People's Committee to complete the administrative unit boundary dossier.

Third, map the original administrative unit boundaries in the field:

Based on the results of determining administrative unit boundaries, locations of administrative unit boundary markers and characteristic points on administrative unit boundaries, the provincial People's Committee organizes the transfer of the drawing onto the current national coordinate system topographic map and places administrative unit boundary markers in the field, measures the location coordinates and the height of administrative unit boundary markers, creates a diagram of administrative unit boundary marker locations, completes the administrative unit boundary map and signs the confirmation of the original field set.

For administrative units with national borders, the Provincial People's Committee shall base on relevant legal documents on national borders to update the national border on the administrative unit boundary records and ensure that the administrative unit boundary lines are closed to the national border, and send them to the Ministry of Natural Resources and Environment for comments before completing the original administrative unit boundary map in the field.

Fourth, complete administrative unit boundary records:

Based on the original administrative unit boundary map on the ground that has been signed and confirmed by the People's Committees of the relevant administrative units, the provincial People's Committee shall organize the completion of the administrative unit boundary dossier according to the provisions of this Circular and the provisions of law on techniques for determining administrative unit boundary lines, planting boundary markers and establishing administrative unit boundary dossiers at all levels.

Copy and sign to confirm administrative unit boundary records.

After the administrative boundary records at all levels are completed, the Provincial People's Committee shall organize the replication of sufficient quantity according to regulations and sign the confirmation as follows:

The commune-level administrative boundary dossier consists of 05 sets, signed by the People's Committee at the commune level and confirmed by the People's Committee at the district level. The confirmation of the boundary marker location diagram of the district-level administrative unit on the boundary line of the commune-level administrative unit is signed by the People's Committee at the district level and confirmed by the People's Committee at the provincial level; the confirmation of the boundary marker location diagram of the provincial-level administrative unit on the boundary line of the commune-level administrative unit is signed by the People's Committee at the provincial level.

The administrative boundary dossier of the district level consists of 04 sets, signed by the District People's Committee and confirmed by the Provincial People's Committee.

The administrative boundary dossier of the provincial level consists of 03 sets, signed by the Provincial People's Committee.

Fifth, the composition of administrative unit boundary records.

Commune-level administrative boundary records, including: Commune-level administrative boundary map; Confirmation of location diagram of commune-level, district-level, and provincial-level administrative boundary markers on commune-level administrative boundary lines; Confirmation of coordinates of provincial-level, district-level, and communal-level administrative boundary markers on commune-level administrative boundary lines; Coordinate table of characteristic points on commune-level administrative boundary lines; Description of general situation of commune-level administrative boundary; Minutes confirming description of commune-level administrative boundary lines; Statistical sheet of place names (population, hydrology, mountain features); Minutes of handover of administrative boundary markers at all levels; Copies of documents of competent authorities on establishment, dissolution, merger, division, and adjustment of commune-level administrative boundaries or documents on determining commune-level administrative boundaries.

District-level administrative boundary records, including: District-level administrative boundary map; Confirmation of the location diagram of district-level and provincial-level administrative boundary markers on the district-level administrative boundary line; Coordinate table of district-level and provincial-level administrative boundary markers and characteristic points on the district-level administrative boundary line; Description of the general situation of the district-level administrative boundary; Confirmation of the description of the district-level administrative boundary line; Copy of the document of the competent authority on the establishment, dissolution, merger, division, adjustment of the district-level administrative boundary or the document on determining the district-level administrative boundary.

Provincial administrative boundary records, including: Provincial administrative boundary map; Confirmation of the location diagram of provincial administrative boundary markers on the provincial administrative boundary line; Coordinate table of provincial administrative boundary markers and characteristic points on the provincial administrative boundary line; Description of the general situation of the provincial administrative boundary; Confirmation of the description of the provincial administrative boundary line; Copy of the document of the competent authority on the establishment, dissolution, merger, division, adjustment of the provincial administrative boundary or the document on determining the provincial administrative boundary.

Appraisal and acceptance of administrative unit boundary records

First, inspect and review administrative boundary records: The provincial People's Committee shall issue a document requesting the Ministry of Natural Resources and Environment to inspect and review local administrative boundary records in accordance with the provisions of law on techniques for determining administrative boundary lines, placing administrative boundary markers, and establishing administrative boundary records at all levels; Based on the inspection and review results of the Ministry of Natural Resources and Environment, the provincial People's Committee shall complete the dossier and send it to the Ministry of Home Affairs for appraisal and acceptance.

Second, documents requesting appraisal and acceptance, including: Proposal document of the provincial People's Committee; Report on the results of establishing administrative unit boundary records; Administrative unit boundary records at all levels in paper form (base 01) and digital form; Copy of the Decision on approval with design - technical estimate for establishing administrative unit boundary records; d) Copy of inspection and acceptance records of the provincial People's Committee, of the investor and of the construction unit (if any); Copy of minutes and documents determining administrative unit boundary lines in the field; Document of the Ministry of Natural Resources and Environment on the results of inspection and technical review of determining administrative unit boundary lines, planting administrative unit boundary markers, establishing administrative unit boundary records at all levels; Results of updating national border lines on administrative unit boundary records (if any).

Third, the council for appraising administrative unit boundary records includes representatives of the Ministries of Home Affairs, Natural Resources and Environment, National Defense, and Foreign Affairs.

Fourth, appraisal content: Procedures and results of establishing administrative unit boundary records; Legal value of types of documents and administrative unit boundary records; Authority and responsibility of relevant agencies, organizations and individuals in the management of administrative unit boundaries and establishing administrative unit boundary records.

Fifth, acceptance of the quantity and quality of administrative unit boundary records. Based on the voting results of the Appraisal Council, the Minister of Home Affairs shall consider and decide on acceptance of the quantity and quality of administrative unit boundary records at all levels of the locality.

This Circular takes effect from the date of signing and promulgation.

Source: https://moha.gov.vn/tintuc/Pages/danh-sach-tin-noi-bat.aspx?ItemID=56452