CIRCULAR guiding the implementation of Decree No. 9/CP on 12-2-1996 of the Government on the management mode of land use, Defense Security, _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law enacting the legal text on 12-11-1996;
Base 65 of the Land Law of 1993;
Pursuant to Decree No. 12/CP on 12-2-1996 of the Government on the management mode of land use, defense and security;
The Ministry of Defense, Ministry of Interior and the General Directorate of cadastral guide the implementation of the Decree 9/CP as follows: PART ONE GENERAL PROVISIONS 1. This circular guides the implementation of the Decree 9/CP on 12-2-1996 of the Government on the management mode of land use, defense and security.
2. Earth defense, security is land use, the State assigned to the people's armed units to use for defense purposes, the security provided for in paragraph 1 to article 65 of the law of the land and item 2 article 2 of the Decree 9/CP. 3. The land is used for the industrial, scientific, technical, Defense Security Service as the production, repair, equipment, weapons, equipment and utensils for Defense, security or land in the works has incorporated a portion served by the social economy unit , Enterprise defense, security use is Earth defense, security.
4. The land use of the defense business, security expert economic production, sales of civil products serving the population of b., do restaurants, hotels, the ground has shifted the goal to venture with foreign countries to do economics and land military family housing do not Earth defense , security.
5. people's armed units are State land defined in article 4 of the Decree 9/CP is a stand named in decisions or the land use right certificate, include: a. for the Ministry of Defense units include: The General Department, the military districts, the Corps, the Corps , Army, border defense command, the Academy, the school affiliated to the Defense Ministry and agencies, subdivisions of Ministry of Defense. Hereinafter referred to as the Ministry of Defense.
District command of the province, central cities is also the unit is standing in the decisions and land use right certificates.
b. for Interior Ministry units include: The General Department, the school, Academy of the Ministry of the Interior, Bureau of reclamation and management, Public Security Department, the central cities. Hereinafter referred to as subdivisions of Ministry of the Interior.
The unit name in decisions or certificates of land use and land use direct units to perform the full range of rights and obligations under the provisions of the law of the land.
 
PART TWO SPECIFIC PROVISIONS I. PLANNING, LAND USE PLANNING, ZONING, A. SECURITY PLAN 1. The Ministry of defence planning, general planning of land use, on nationwide and in each district the Prime Minister for approval.
The Interior Ministry planning, general planning of land use on security nationwide and on the area of each province, the central city in the Prime Minister's approval.
2. The content of the planning, the plan includes: determining the number of locations or places of military construction for national defense duties, security; determine the total land area of Defense, security and clarify the purpose of use of each type of land specifically prescribed in clause 1 Article 65 the law of the land and item 2 article 2 of the Decree 9/CP; determine the number of locations using the land and an area of transfer for local.
3. The Ministry of defence, Ministry of Interior work with the people's committees of provinces and cities under central about content planning, land use planning, Defense Security on each locality. General Directorate of cadastral valuation organization before the Prime Minister's approval.
B. Planning, DETAIL PLANNING 1. The decision to close the U.S. military, location of works: a. the unit of land use, construction or defense, security must have decided to close the U.S. military or the decision on the location of authority are prescribed in point 3 paragraph B of section I of this circular.
b. decided to closed position, place the work stating the name of the unit stationed or name buildings, places of the land, the land and the purpose of use.
c. decided enclose drawing is the land boundary and the rate prescribed in point 3 of section II of this circular, there are excerpts location map area ratio of 1/25,000/50,000 to 1. The land boundaries and can be can draw from maps or by measuring units in the army, public safety measure.
2. Based on the General plan, zoning has been the Prime Minister for approval and decision to close the U.S. military, places the work of the authority, the subdivisions of Ministry of Defense, Ministry of Interior planning, detailed planning of land uses in its scope of management, use.
Content planning, detailed planning, including: determining the specific boundaries, area and the land use functions of each unit land use; expected volatility and adjust the planning, land use planning in each period to suit the task.
The planning, the plan details are shown on the maps are the national land area specified in point 3 of this circular section II. The name of the map is "planning map, the land use functions".
3. The Authority review of the planning, detailed land use plan and the decision to close the U.S. military, location of works: a. the Minister of defence planning, review the plan details land use of the unit under the Ministry of Defense.
The Ministry of Defense decided to closed position, location works for units from infantry regiments, infantry battalion-level engineering and gas equivalent. Heads of subdivisions, the Defense Department decided to close the position, location works for units from the battalion of infantry, company gas and equivalent binh back down.
b. the Minister of Interior planning review, detailed land use plan and the location of the troops, the site works for units in the whole people's police force.
Chairman of the provincial people's Committee, the city of centrally planned review, land use plans of the units of the central cities, after agreement with the Ministry of the Interior.
 
II. MEASURING DEFENCE LAND, Security 1. The measurement of ground defense, security must follow the right process, technical Directorate issued by the local administration. For the defense works, should ensure security of confidential inquiries, only measured the way the boundaries and landmarks in land to be paired with suitable local maps.
The following soil types allowed measurement of the whole of the current state of the land: the land use for the hospitals, sanatoriums, cultural and sports buildings.
2. The measurement of ground defense, security to land cadastral mapping service for the delivery of land, granted land use right certificates for defense purposes, by the security agencies, legal units of measurement survey of ministries of the Central Government (including the military and police) and locally made and must be the main Local Facility confirm.
3. Rate the map serves for the delivery of land and the certification of land use right of defence, the security shall be as follows: a. the land area under 1 ha: the rate of 1/500.
b. land area from 1 ha-10 ha: the rate of 1/1000.
c. land area from 10 HA-200 ha: the rate of 1/2000.
d. land area from 200 ha-500 ha: the rate of 1/5000.

e. land area on 500 hectares: the rate of 1/10,000.
 
III. The CERTIFICATION Of LAND USE RIGHT Of DEFENSE, Security 1. Application for certificate of land use right of Defense, security including: application level land use right certificate.
The Prime Minister's decision to approve the planning of local Defence Force land zones, land security in the province, the central cities.
The decision to close the U.S. military or the work of the authority.
A map identifying the boundaries of land in land use of the unit have been social committees, district level in confirmation.
2. procedure to apply for the certification of land use right of Defense, security, as follows: a. land use units of Defense Security, after finishing the record specified in point 1 of this circular section III shall submit to the Department the primary Address 2 sets of records.
b. within 30 days from the receipt of the application, the Department responsible for reviewing cadastral records and the committees issued the certificates of land use for the unit.
c. within 20 days, since the main Facility profile, Chairman of the provincial people's Committee issued the decision.
3. the name of the server to use the land in the land use right certificates are written as follows: article name subdivisions of Ministry of Defense or Ministry of Interior first, then write the name of the direct land use units in parentheses.
For example: I or regional military logistics, Department of the Interior (Division.....) (Stock........)
4. in case of a large area of land, can not currently fully in land use right certificates, the Department responsible for cadastral map excerpts (3) with the land use right certificate for the unit.
5. The case of the people's armed units were the Prime decisions using on defense purposes, security, the provincial people's Committee, the central cities at the same time the certification of land use right for that unit.
 
IV. The RECOVERY Of The LAND DEFENCE And Security 1. The State revoked the land defense, security in the following cases: a. the Department of Defense, Department of the Interior after the revision of the planning State offered land no longer needs to use.
b. Earth defense, security has been the Ministry of Defense, Ministry of Interior have text move back to implement local projects of socio-economic development.
c. people's armed units using the land violates the provisions of article 26 of the law of the land, the PPC, the central cities of recommendations with the Government revoked.
2. The authority decides to revoke the land defence and security made under the provisions of land Law of 1993 and Decree 04/CP dated 12 February 1996 from the Government.
3. The authorized land defence, the security referred to in point 2 of this section is granted the land withdrawal notice, the notice period before the revocation decision is 6 months.
4. The order and procedure of withdrawal land: a. the Ministry of Defense, Ministry of Interior, PPC, central cities have suggested text authority as specified in point 3 of this circular section IV the decision to revoke the land.
b. When a decision to revoke the land and of the authority, the organization received the land that are responsible for working with the subdivisions of Ministry of Defense, Ministry of Interior are land use management revoked about compensation of property, color flowers on the ground (if any) prescribed by the law. Units subordinated to the Ministry of Defense, Ministry of Interior report in writing the Ministry of Defense, Ministry of Interior regarding compensation.
c. the decision revoking the land base, the Defense Ministry, the Interior Ministry made the transfer of land to the recipients of the land, handing over the boundary, be witnessed by representatives of the local authorities.
 
V. TRANSFER of the LAND USE PURPOSE of DEFENSE, security and NEW LAND ALLOCATION 1. Move Earth defense, security for use in other purposes in the following circumstances: a. switch to economic or business ventures, affiliated with organizations in foreign countries, with the purpose of the business.
b. transferred land in c. Charged for local land.
2. The transfer of the land defence and security to use on the aim referred to in point 1 above and new land every year, please plan to be consistent with the planning, land use planning, economic development, social and defense requirements, the local security and conducted as follows a. the Ministry of defence, Ministry of the Interior planned to transfer the land defense, security to use on other purposes and plan please submit new PPC land, central cities.
b. the people Committee, central cities have written to answer the Defense Ministry, the Interior Ministry reporting the Prime on the contents related to plans to transfer Defense Security, land to other purposes and plan new land, please the Department of Defense, Department of the Interior.
c. the Ministry of Defense, Ministry of Interior General plans to transfer defense, security of land to other purposes and plan new land please nationwide, reported the Prime Minister and the local administration.
d. within 60 days of receiving the report, the General Department of cadastral valuation organization plans to transfer defense, security of land to other purposes and plan new land, please the Department of Defense, the Ministry of the Interior on the nationwide, the Prime Minister's approval.
3. The base approval by the Prime Minister about plans to transfer defense, security of land to other purposes, people's armed units be established land use transfer application for transfer of the purpose for each specific case. The records include: a. the application to transfer the land use purpose of the unit directly under the Ministry of defence, the Ministry of the Interior sent the provincial people's Committee.
b. project and investment decisions or the investment license of competent State agencies (for works to prepare project).
c. map area please transfer purpose 4. Application for delivery of new land use on defense purposes, security: application for delivery of new land use on defense purposes, security taken under the provisions of article 10 of the Decree 9/CP, including: a. the application delivered by land subdivisions, the Ministry of defence, Ministry of the Interior established and sent to the provincial committees , and send the Ministry of Defense, Ministry of Interior.
b. The land, suggested the Department of Defense or the Ministry of the Interior sent the Prime Minister, the Council sends provincial people's Committee and the local administration.
c. comments on the delivery of provincial people's committees sent the Prime Minister, the Council sent the local administration and the Ministry of defence, the Ministry of the Interior.
d. excerpts about the location, land area, building area, demand on infrastructure, environmental impact assessment, progress of time, capital investment projects.
5. The Authority decided to transfer the land use purpose and decisions on Defense Security, follow the provisions of land Law of 1993 and Decree 04/CP dated 12 February 1996 from the Government.
 
VI. THE REGISTRATION, LAND STATISTICS.
1. Units of Ministry of Defense, Ministry of Interior is responsible for land use and the land of the units belonging to the people's Committee of the communes, wards and towns.
The case of subdivisions of Ministry of Defense, Ministry of Interior had no direct registration conditions shall be authoritative for the unit are directly use land made the registration.
2. land registry content include: land use unit name: named subdivisions of Ministry of Defense, Ministry of Interior before, write the name of the unit directly using the following land.
Area, the land boundary shown on the map.

3. Every year, the subdivisions of Ministry of Defense, Ministry of Interior to conduct statistics and usage on the land of the units of its rights management report the Department of Defense, Department of the Interior.
When the State conducted inventory of land, the subdivisions of Ministry of Defense, Ministry of Interior is responsible for reporting on land outlined in point 2 of this circular.
 
VII. MANAGING RECORDS, Documents On The GROUND Of DEFENCE And Security 1. Records documenting the land defense, security is managed by the security mode. An archive consists of: a. the placement decision stationed or places of work.
b. the terrain there locate stationed, the site works (regimental level downwards using the map of 1/25,000 to 1/50,000; higher level user to map the rate of 1/100,000).
c. a map sector planning land use and function determination.
d. map of land was confirmed by: heads of units of land use mapping unit, social PEOPLE'S COMMITTEE, the PEOPLE'S COMMITTEE at district level, the local Provincial Administration Department.
e. decisions, land, land use right certificates.
f. project approval decisions and with regard to land new construction.
g. other related papers to the ground.
2. Decentralized records document the Earth defense, security is as follows: a. the Ministry of Defense, Ministry of Interior and subdivisions, The entire archive document records mentioned above.
b. the unit directly using the land store: decisions, land, land use right certificates, maps of land.
The documents have only one map, the original is stored in units subordinated to the Ministry of Defense, Ministry of Interior, the rest use a copy.
c. the primary provincial agency Archive document records the following: application for land defense, security and application for the certification of land use right of defence, the security provided for in article 10 and article 13 of the Decree 9/CP. Application for transfer of land defense, security to other purposes.
Decisions, land, land use right certificates.
Map area (not perform works inside the property, for works of defence and security need to ensure confidentiality requirements).
The text related to the recovery of land, the transfer of land to individual organizations outside of the people's armed forces.
The Prime Minister's decision to approve planning, land use planning, defense and security.
 
VIII. The INSPECTOR Of LAND DEFENSE, Security 1. When conducting inspection of the observance of the law of the land unit of the Ministry of Defense, Ministry of Interior, State inspections, Agency inspectors land at Central, local and Department of Defense, the Interior Ministry made according to the provisions of article 37 of the law of the land, the provisions of the Ombudsman Ordinance and notified in writing to the subdivisions of Ministry of Defense The Interior Ministry, the unit directly using the land know about content, the purpose of the request and the time of the inspection. Particularly for the inspected by the inspection bodies of the Central Organization, the written notice sent to the Ministry of Defense, Ministry of Interior, and subdivisions.
2. The Heads of subdivisions, the Ministry of defence, Ministry of Internal Affairs is responsible for reporting or authorisation for direct unit commanders use the land reported that the delegation inspected the request related to the land use management of the unit, but make sure the secret defense mode , security.
3. Situation and documenting land defense, allowed security reports, provide inspection organization include: a. the placement decision stationed or places of work.
b. functional subdivision plan land use and determination.
c. map area (not perform works inside the land for the construction of national defense, security needs to ensure the confidentiality requirements).
d. land use right certificates, decisions, recovered ground.
e. excerpts and project investment decision prescribed in paragraph 4 to article 10 of the Decree 9/CP. f. other documents related to land use.
g. The data on total area, land area classified according to purpose, specific use.
The above mentioned documents, if there are requests, the Commander of the unit directly using land exemplify and delivered to Agency inspectors accompanied by the minutes of the transfer document. Inspection Agency is responsible for managing the records of this document by the State's security mode.
4. inspection bodies after the Inspector is responsible for sending the text of the conclusions or recommendations dealt to the competent State agencies, the Ministry of Defense, Ministry of Interior and Ministry of Defense units, the Interior Ministry to steer.
 
IX. The PROCESSING EXIST On EARTH DEFENSE, Security 1. The land do family housing military personnel, of public security of the people by the people's armed units under management, use, not in Earth defense, security is addressed towards the following: a. the Department of Defense, the Ministry of internal affairs review the land was transferred to the House in the family, gradually handing out local management of the territory.
b. the provincial PEOPLE'S COMMITTEE to steer and manage the land in the family by the Defense Ministry, the Interior Ministry handed and solves the certification of land use in the housing ownership, in accordance with the current legislation.
2. The land use of the defense business, dedicated to economic security: a. the Department of Defense, the Interior Ministry identified the land of the defense business, dedicated to economic security referred to in point 4 of part of this circular.
b. The defense business, dedicated to economic security are using the land to move to the land lease under the provisions of the law.
 
PART THREE IMPLEMENTATION 1. The people's Committee of the central cities, has the responsibility for directing the Department of cadastral and lower level PEOPLE'S COMMITTEES implement state management for land used for Defense, security in their local scope as defined by the law of the land, the Decree 9/CP and the content of this circular guides at the same time speeding up the certification of land use for people's armed units.
2. people's armed units use ground defense, security is responsible for: a. dissemination, advocacy, the law holds the land for officials and soldiers in the unit.
b. accepted the provisions of the law of the land, the Decree 9/CP and contents of guidance in this circular, the true purpose of land use, savings and efficiency.
c. If no longer needs to use the land, to report the Ministry of defence, the Ministry of the Interior to adjust for different units according to the master plan or pay back the State. Lathe not turning Earth defense, security to use on other purposes.
In the process of implementation of this circular, if there are difficulties and obstacles the armed units and local people with timely reflection Of the Bureau, the Ministry of defence, Ministry of the Interior to review the settlement.
This circular is in effect from November 1, 1997, the writing guide formerly opposed to this circular are repealed.