Circular 42/2015/tt-Btnmt: Regulation On Management, Use And Protection Of Works In Construction Surveying

Original Language Title: Thông tư 49/2015/TT-BTNMT: Quy định về quản lý, sử dụng và bảo vệ công trình xây dựng đo đạc

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Regulatory CIRCULARS on the management, use and protection of works in construction measurement of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 45/2015/ND-CP dated May 6, 2015 the Government works to measure and map;
At the suggestion of Director of Department of surveying and map Vietnam, Director of Legal Affairs;
The Minister of natural resources and the environment issued a circular regulating the management, use and protection of works of building measurements.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular the provisions on the management, use and protection of works of building surveying; the responsibility of agencies, organizations and individuals in the management, use and protection of works of building measurements.
2. This circular applies to State agencies, organizations, individuals with activities related to the management, use and protection of works of building measurements.
Article 2. Measuring construction measuring construction including: 1. monitoring fixed stations on astronomy-surveying, satellite, gravity, Geodynamics, altitude, depth, (hereinafter referred to as the fixed station).
2. The origin of national measurements.
3. The base parameter calibration of measuring devices, known collectively as the auditing facility instrumentation.
4. Milestones of the point score system measurement basis, referred to as milestones to measure.
Article 3. Manage of construction surveying management content measuring construction including: 1. Build instructions, implementation, summarized the implementation of decentralized management, protecting the building measurements.
2. restore, maintenance, maintenance and system development construction measurements.
3. Provide the information, data, data related to building construction surveying for the agencies, organizations and individuals as requested.
4. test, inspection and handling violations of the protection, management and use of the construction works.
5. Statistics, reviews, updates the current state of the construction measure.
Article 4. Use and protection of construction surveying of buildings measured is the property of the State, used and protected according to the provisions of this circular.
Chapter II LIABILITY MANAGEMENT, USE and PROTECTION of WORKS in CONSTRUCTION MEASUREMENT of article 5. Agency construction management measure 1. The Bureau of surveying and mapping in Vietnam Ministry of natural resources and the environment: a) to directly manage the fixed station, the original point of national measurement and auditing institutions measuring equipment;
b) built and developed mold-fighting system measure basis all over the country.
2. The Department of natural resources and environment of the province, central cities (hereafter referred to as the Department of natural resources and the environment): a) live measurement milestone management national basis;
b) participate in the work of restoration, maintenance and system maintenance of measurement markers in local national basis;
c) build and manage the system matches the mold base measurements.
3. The departments in collaboration with the local Department of environment and resource management and construction milestones dedicated base measurements in his specialisation.
Article 6. The responsibility of the organization or individual operating surveying and map in building construction measurements 1. Before the construction of the building measure to settle the procedures on the use of land or the use of the work done where the buildings measured according to the provisions of the law.
2. After measuring construction completed, the construction units to build measurement do the minutes handed measuring markers for the people's Committee of the communes, wards and towns (hereinafter the township-level people's committees) in the presence of the use of land or buildings where owners put measuring markers. Minutes of delivery measuring markers established five (5) copies and stored at: a) the unit of measurement of construction: 01;
b-level people's committees of communes): 1 a;
c) Resource Room and the environment at district level: 1 a;
d) Department of natural resources and environment: 1 a;
DD) Bureau of surveying and mapping Vietnam: 01 a.
3. After completion of the whole project, Department of surveying and map Vietnam handed the entire number of milestones attached a note and point of information, the relevant data according to the regulations for the Department of natural resources and the environment to directly exploit, use locally. Minutes of delivery measuring markers set up according to the model in annex No. 1 attached to this circular.
Article 7. The responsibility of individual organizations in the use and protection of works in construction measurement 1. When using construction surveying need to contact Social Committee for guidance. In the process used to preserve, protect, not damaging the measurement markers, use done to restore the status as the original.
2. don't spoil, destroy, arbitrarily move or obstruct the exploitation, use construction measurement.
3. Notify the Commission when the township-level people's detection of construction measurement of being invasive or potentially invasive device.
Article 8. The responsibility of the owner of the land use and buildings where building construction measurements 1. Must protect, not damaging, destroying or obstruct the extraction using construction surveying in the process of land use and construction.
2. When there are new buildings being built on adjacent land plots affect the extraction use construction measurement must then notify social people's Committee to take measures to maintain, defend.
3. in case of renovating, remodeling or new construction works may affect the measurement markers using the land responsibly reported social people's Committee to take measures to protect the measuring markers.
4. where to relocate or cancel the measurement markers are on land plots or attached to buildings, the owners of land use to report people's Social Committee to resolve. Relocate or remove measuring markers only be done when the consent of the governing body of the construction measure hierarchy in condition 5 of this circular.
5. Cost of relocating, restoring the milestones to measure due the investor works or projects.
6. The case of arbitrarily ruin buildings measurements, the use of land owners or owners of works must bear full responsibility before the law.
Article 9. Responsibilities and deadlines to resolve the Agency's construction management measure in case have to relocate or cancel measurement milestone 1. Within a period not exceeding fifteen (15) working days from receipt of the report of the use of land or buildings owners please relocate or cancel construction measurements due to the people's Committee of social transfers to the public administration, building surveying is responsible to reply in writing to the owner of land use the owner works know.
2. Agency of construction management measure is responsible for guiding implementation of the displaced, restore buildings damaged measurements.
3. where to relocate measuring markers of the measuring point of the national base, the Department of natural resources and the environment established technical-estimation for relocation. Projects should be sent the Bureau of surveying and mapping Vietnam evaluation before approval and implementation.
4. The result of cancellation or relocation of buildings measurements must be updated to record the documents related to the process of building measurements stored in the management bodies in accordance with article 5 of this circular.
5. in case of use of the funds granted to local's annual maintenance, maintenance system restore point measurement of a national basis, the Department of natural resources and the environment must send the Bureau of surveying and mapping Vietnam technical appraisal-estimation relocating, recovering before done.
Article 10. The responsibility of the people's Committee of social 1. Manage, protect and prevent the invasive behavior of construction works on measurements.
2. Updated the construction work on measurements, additional parts of the main book notes about measuring markers on the land plots.
3. Advocacy and dissemination of regulations on managing, protecting measuring construction to local people have a responsibility to protect the measuring markers not be move, destroying or damaging.
4. Regularly check, when the measurement markers being invasive or potentially invasive device then in time not exceeding three (3) working days to the report Room and resource-level environment about the status quo and cause invasive measurement markers.
5. for the case to move or remove measuring markers of time not to exceed three (3) working days from receipt of the request of the holder or the owner of land use on the move or cancel the measurement markers, the people's Committee of social responsibility report Room and resource-level environment to solve.
6. Statistics, updated the status of the construction work on the measurement and reporting of environment and resource Rooms at district level before on December 10 every year. The report established according to the model in annex No. 4 attached to the circular stipulated reporting mode in measurement and a map of the Ministry of natural resources and the environment.
Article 11. The responsibility of the Department of natural resources and the environment 1. Delivered to the assigned land, land rental on the measurement markers on the land plots to directly protect and record on the minutes delivered when delivered in the land.
2. check, consider the scene and reports the Department of natural resources and the environment on the State of measurement markers being invasive or potentially invasive, device measurement markers to relocate or cancel in time not to exceed five (5) working days from the receipt of the report of the Committee for social people.
3. Statistics, updated the status of the construction work to measure and report the District Department of natural resources and the environment before 15 December every year. The report established according to the model in annex No. 4 attached to the circular stipulated reporting mode in measurement and a map of the Ministry of natural resources and the environment.
Article 12. The responsibility of the Department of natural resources and the environment 1. Delivered to the Organization was given the land, the land of the measurement markers on the land plots to directly protect and record on the minutes delivered when delivered in the land.

2. Resolve or report the Agency construction management central measurements as specified in article 5 of this circular in construction cases measurements are canceled, reinforced or relocate.
3. When implementing the construction works, service projects for socio-economic development in the local Department of natural resources and environment is responsible for: a) check, evaluate the impact of the work, the project to the management, use and protection of works in construction surveying in the area;
b) Established technical-estimation and effect the relocation, the restore milestones measurements been destroyed due to construction projects. The case for relocation, the restore point milestone national base measurements, technical-estimation must be the Bureau of surveying and mapping Vietnam appraisal. The expense of relocating, restoring the milestones to measure due the investor works or projects.
4. The annual statistics, updates on the current state of use of construction works in local measurements.
Article 13. The responsibility of the Department of surveying and map Vietnam 1. Construction management measure, solve the related problems in the case of construction works on the land plots that affect landmarks measurements as specified in clause 1 5 of this circular to the cancellation decision, reinforced or relocate.
2. building regulations, and operate mining machinery and equipment in the fixed observation stations, facilities inspection instrumentation process, rules.
3. Work closely with the relevant agencies in the protection, ensure the safety of the operation of the fixed station, the auditing facility instrumentation.
Chapter III article 14 ENFORCEMENT TERMS. Effect 1. This circular has effect from 30 December 2015.
2. This circular replaces decision No 16/2005/QĐ-BTNMT on December 16, 2005 by the Minister of natural resources and the environment of the regulation on management, use and protection of works of building measurements.
Article 15. Implementation 1. Ministries, ministerial agencies, government agencies; The people's Committee of the central cities, and organizations and individuals concerned is responsible for the implementation of this circular.
2. The Bureau of surveying and mapping in Vietnam Ministry of natural resources and environment is responsible for monitoring and checking the implementation of this circular.
3. The Department of natural resources and environment is responsible for helping the people's Committee of the central cities, implementation of this circular.
4. The Heads of the agencies assigned to manage the construction measure is responsible for providing complete, accurate data, information for organizations, individuals are allowed to exploit, use as defined by law.
In the process, if there are concerns, organizations, personal reflections promptly in writing to the Ministry of natural resources and the environment to review, amend, Supplement accordingly./.