Surveying and Mapping Law Amendment

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In order to advance supervision of geographic information security, promote geographic information socialization services, the Ministry of Land and Resources and the National Bureau of Surveying and Mapping have drafted the 'Draft Law Amending the Surveying and Mapping Law of the People's Republic of China', and have submitted it to the State Council for deliberation. After receiving this document, the Legislative Affairs Office of the State Council of China seeks broad public comment, for the amendment of the 'Surveying and Mapping Law of the People's Republic of China Amendment Law' (version for public comments) [hereinafter referred to as the draft for public comments]. In order to increase the transparency of governmental legislative work, increase the quality of legislation, the Legislative Affairs Office of the State Council of China publicly releases the full text of the draft for public comments and the explanatory note, and seeks the views of all walks of society. Relevant units and persons from all walks of society may use the following methods to put forward their views, due by 14 August 2015:

(1)Register online at the website for the Legislative Affairs Office of the State Council, China."Laws and Regulations Drafts Public Comment Solicitation System",they may put forward views on the draft for public comment at(site:http://www.chinalaw.gov.cn)。

(2)By Mail, they may address comments to:北京市2067信箱(邮政编码:100035),Please put “测绘法修改征求意见”on the envelope。

(3)Comments may be submitted by email to:chf@chinalaw.gov.cn

Legislative Affairs Office of the State Council

July 15, 2015

 

Amendment to the Surveying and Mapping Law of the People's Republic of China

(Draft for solicitation of comments)

 

1, Article 4, Paragraph 2 is amended to read: 'unified supervision and management of surveying and mapping work in their region is the responsibility of administrative departments responsible for surveying, mapping and geographic information at the county level people's government and above' The relevant departments of the local people's governments at or above the county level shall, in line with the division of their functions and duties specified by the people's governments at the corresponding level, be responsible for the work of surveying and mapping which they are concerned with. "

2, Article 9, Paragraph 2 is deleted.

3, Add an article, Article 10: 'administrative departments responsible for surveying, mapping and geographic information at the county level people's government and above shall strengthen management of base stations for global navigation satellite systems (GNSS), and establish a unified system for servicing of global navigation satellite systems (GNSS) base stations, providing an information service for base stations for global navigation satellite systems (GNSS)'

'"GNSS base stations" referred to in the previous paragraph refers to long-term, continuous surveys undertaken by satellite navigation signals and obtaining survey data by a survey station that is fixed to the ground surface, and then in real time transmits that survey data via communications facilities or transmits it to a data center at regular intervals.' "

4, Article 12 shall be amended to be Article 13 and paragraph 2 of that article shall be amended to read: 'administrative departments responsible for surveying, mapping and geographic information at the county level people's government and above shall organize the compilation of their own administrative region's basic surveying and mapping data plan with relevant other administrative departments at their own level and in accordance with the national and superior people's government basic surveying and mapping plans and their own region's actual situation, and organize for its implementation after reporting it to their superior level people's government for approval.' "

5, Add an Article, as Article 17: 'Administrative Departments responsible for surveying, mapping and geographic information at the county level and above shall according to the requirements of an emergency plan, shall promptly provide maps, basic geographic information and other surveying and mapping results at sudden state emergency incidents, and as needed shall undertake remote sensing surveying and mapping and navigation positioning work and other emergency surveying and mapping safeguard work.' "

6、Add an article,as Article 18:“Administrative Departments responsible for surveying, mapping and geographical information at the county level people's government and above shall commence geographic conditions surveying with other relevant departments." The results of geographical situation monitoring shall be strictly controlled and their use standardised. "

7, Delete article 18.

8、Amend article 19 to article 21,add 1 paragraph,as the following paragraph:“administrative departments responsible for surveying, mapping and geographic information at the county level and above shall strengthen management of surveying of real property'. "

9, Amend Article 22 to be article 24,amend item 3 of paragraph 2 as follows:“there shall be sound technology, quality control systems, safety assurance measures, information security confidentiality management systems and a system for managing surveying and mapping results and resources files;'

10, Amend Article 30 to be Article 32, and amend it to read: 'Surveying and mapping projects that utilize public finances and surveying and mapping construction projects as well as other projects that use air and space surveying and mapping and remote sensory imaging, shall seek the comments of the administrative department responsible for surveying, mapping and geographic information before the relevant department approves the project and where suitable surveying and mapping results exist, they shall fully utilize extant surveying and mapping results, and avoid duplicative surveying and mapping, "

11, Amend Article 33 to Article 35, amend it to read: 'All peoples governments shall strengthen supervision of mapping compilation, publication, display, newspaper publication and online mapping services, to ensure mapping quality, preserve national sovereignty, security and interests.' Specific measures are provided separately by the State Council.

"All levels of peoples government shall strengthen propaganda education work on national territory consciousness, and shall increase the public's national territory consciousness. National territory consciousness shall be incorporated into elementary and middle school education. "

12, Add a clause, as an amended article 37: 'People's governments at the county level and above shall promote interconnectedness and interoperativeness, as well as mutual construction and mutual enjoyment for geographic information, and shall adopt measures to guide and support industry in providing socialisation of geographic information services, and promoting the development of geographic information production.

"Administrative departments responsible for surveying, mapping and geographic information shall promptly provide geographic information public services to the public by means of a geographic information services public service information platform. "

13, Article 37 shall be amended to article 40, and shall be amended to read: 'when undertaking engineering construction, permanent survey markers shall be avoided; if in fact they are unavoidable, permanent survey markers should be destroyed or should be caused to lose their efficacy, and shall be approved by the relevant administrative department responsible for surveying, mapping and geographic information at the provincial, autonomous region and city under the control of the central government level of government; where military use control points are used, then the approval of the relevant department of the PLA responsible for surveying, mapping and navigation. Funds for alterations to construction shall be to the cost of the engineering construction unit. "

14, Add a Chapter 'Supervision and Management', as Chapter 8:

Article 43:“The department responsible for surveying, mapping and geographic information under the State Council shall establish a technological system for prevention and control of geographic information safety with relevant departments under the State Council, it will also strengthen supervision and management of geographic information safety. "

Article 44:“Units producing and using geographic information that constitutes state secrets shall employ a registry and long term preservation of the circumstances of the provision and use of such geographic information.

“No unit or individual may unlawfully obtain, possess, transfer, loan, provide, sell or use geographic information which is a state secret, and must not upload, tag, transmit or post geographic information which is a state secret. "

Article 45: "When constructing satellite navigation positioning base stations, the constructing unit shall report and file this with the administrative department responsible for surveying, mapping and geographical information under the State Council, or the administrative department responsible for surveying, mapping and geographical information at the governmental level of the provincial, autonomous region or municipality directly under the central government." 国务院测绘地理信息行政主管部门应当汇总全国卫星导航定位基准站建设备案情况,定期向军队测绘导航主管部门通报。 The administrative department responsible for surveying, mapping and geographic information under the State Council shall, with other relevant departments under the State Council issue specific measures. "

Article 46: ' 第四十六条:“卫星导航定位基准站建设和运行维护单位应当建立符合要求的数据接收、处理、存储、传输、使用安全保障制度,并遵守国家保密法律、行政法规的规定。 卫星导航定位基准站建设和运行维护不得危害国家安全。

“县级以上人民政府测绘地理信息行政主管部门应当会同其他有关部门及时给予指导。 "

第四十七条:“县级以上人民政府测绘地理信息行政主管部门应当对测绘单位及其从业人员实施信用管理,并将其信用状况及时向社会公示。 "

Article 48:“Administrative departments responsible for surveying, mapping and geographic information at the county level people's government and above have responsibility for implementing a supervision and management system, and they have the power to adopt the following measures to undertake supervision and inspection:

“(1)Undertake on-site inspections of units who enter surveying and mapping activity areas or which are using surveying and mapping results that are state secrets;

“(2)consult and copy relevant contracts, receipts, ledgers and other relevant materials;

“(3)seal or seize facilities, tools or raw and processed materials etc. suspected of [involvement in] breaking the law.

"Units or individuals who are being inspected shall cooperate and shall factually provide relevant documents and materials and must not conceal, refuse or obstruct.

“Where it is discovered that a violation of the State Security, or State Secrets laws or administrative regulations, has occurred, then it [the case?] shall be transferred to the relevant department without delay. "

十五、将第八章“法律责任”改为第九章。

十六、将第四十条改为第四十九条,修改为:“违反本法规定,有下列行为之一的,给予警告,责令改正,可以并处五十万元以下的罚款;对负有直接责任的主管人员和其他直接责任人员,依法给予处分:

“(1)establishing, without approval, a relatively independent plane coordinate system; and;

“(2)when establishing geographic information systems, adopting the basic geographic information and data which do not conform to the norms of the State. "

十七、将第四十一条改为第五十条,修改为:“违反本法规定,擅自发布中华人民共和国领域和管辖的其他海域的重要地理信息数据的,给予警告,责令改正,可以并处五十万元以下的罚款;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。 "

十八、将第四十四条改为第五十三条,修改为:“违反本法规定,测绘项目的发包单位将测绘项目发包给不具有相应资质等级的测绘单位或者迫使测绘单位以低于测绘成本承包的,责令改正,可以处测绘约定报酬二倍以下的罚款。 Where a staff member of the unit that contracts out a project, taking advantage of his position, extorts or illegally accepts money or things of value from another person or seeks benefits for another person, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with law; and if the violation is not serious enough for criminal punishment, he shall be given administrative sanctions in accordance with law. "

十九、将第四十七条改为第五十六条,修改为:“违反本法规定,不汇交测绘成果资料的,责令限期汇交;逾期不汇交的,对测绘项目出资人处以重测所需费用一倍以上二倍以下的罚款;对承担国家投资的测绘项目的单位处五万元以上二十万元以下的罚款,暂扣测绘资质证书,自暂扣测绘资质证书之日起六个月内仍不汇交测绘成果资料的,吊销测绘资质证书,并对负有直接责任的主管人员和其他直接责任人员依法给予处分。 "

二十、将第四十九条改为第五十八条,修改为:“违反本法规定,编制、出版、展示、登载的地图和互联网地图发生错绘、漏绘、泄密,危害国家主权或者安全,损害国家利益,构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,依法给予行政处罚或者处分。 "

二十一、将第五十条改为第五十九条,修改为:“违反本法规定,有下列行为之一的,给予警告,责令改正,可以并处二十万元以下的罚款;造成损失的,依法承担赔偿责任;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分:

“(1)damaging, destroying or, without authorization, removing permanent surveying markers or temporary surveying markers in use;

“(2)seizing or occupying the land used for permanent surveying markers;

“(3)within the security control area of a permanent surveying marker, conducting activities which endanger the safety and impair the effective use of the surveying markers;

“(4)within the scope of the land occupied by surveying markers, constructing buildings which impair their effective use;

“(5)without authorization, dismantling permanent surveying markers or rendering them ineffective, or refusing to pay the expenses entailed by the removal and reestablishment of the markers; and

“(6)damaging or destroying permanent surveying markers through violation of the operating rules. "

二十二、增加一条,作为第六十条:“违反本法规定,地理信息生产、使用单位未对属于国家秘密的地理信息提供、使用情况进行登记并长期保存的,给予警告,责令改正,可以并处二十万元以下的罚款;情节严重的,责令停业整顿,降低资质等级直至吊销测绘资质证书;对负有直接责任的主管人员和其他直接责任人员,依法给予处分。 "

二十三、增加一条,作为第六十一条:“违反本法规定,卫星导航定位基准站建设单位未报测绘地理信息行政主管部门备案,或者卫星导航定位基准站建设和运行维护单位未建立符合要求的数据接收、处理、存储、传输、使用安全保障制度的,对卫星导航定位基准站建设和运行维护单位给予警告,责令改正;逾期不改正的,处十万元以上三十万元以下的罚款;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。 "

二十四、增加一条,作为第六十二条:“违反本法规定,卫星导航定位基准站建设和运行维护危害国家安全的,对卫星导航定位基准站建设和运行维护单位给予警告,责令改正,并处三十万元以上五十万元以下的罚款;逾期未改正或者采取改正措施无法消除安全隐患的,责令限期拆除;当事人在法定期限内不申请行政复议或者提起行政诉讼,又不拆除的,可以依法强制拆除;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。 "

二十五、将第五十一条改为第六十三条,修改为:“违反本法规定,有下列行为之一的,责令停止违法行为,没收测绘成果和测绘工具,并处五万元以上三十万元以下的罚款;情节严重的,并处三十万元以上五十万元以下的罚款,责令限期离境;所获取的测绘成果属于国家秘密,构成犯罪的,依法追究刑事责任:

“(一)外国的组织或者个人未经批准,擅自在中华人民共和国领域和管辖的其他海域从事测绘活动的;

“(二)外国的组织或者个人未与中华人民共和国有关部门或者单位合资、合作,擅自在中华人民共和国领域从事测绘活动的。 "

二十六、将第五十二条改为第六十四条,将第二款修改为:“本法第六十三条规定的责令限期离境由公安机关决定。 "

二十七、将第五十三条改为第六十五条,修改为:“违反本法规定,县级以上人民政府测绘地理信息行政主管部门工作人员利用职务上的便利收受他人财物、其他好处或者玩忽职守,对不符合法定条件的单位核发测绘资质证书,不依法履行监督管理职责,或者发现违法行为不予查处,造成严重后果,构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。 "

二十八、将第九章“附则”改为第十章。

二十九、将本法中的“测绘行政主管部门”修改为“测绘地理信息行政主管部门”;“军队测绘主管部门”修改为“军队测绘导航主管部门”;“国务院发展计划主管部门”修改为“国务院发展和改革主管部门”;“国务院人事行政主管部门”修改为“国务院人力资源社会保障行政主管部门”。

此外,对条文序号作了相应调整。

本决定自 年 月 日起施行。

《中华人民共和国测绘法》根据本决定作相应修改,重新公布。

 

Supplementary

 

Surveying and Mapping Law of the People's Republic of China

(Draft for solicitation of comments)

Chapter I: General provisions

Chapter II: Surveying and Mapping Datums and Systems

Chapter III: Basic Surveying and Mapping

Chapter IV: Boundary Surveying and Mapping and Other Surveying and Mapping

Chapter V: Qualifications for Surveying and Mapping

Chapter VI: Surveying and Mapping Results

Chapter VII: Protection of Surveying Markers

Chapter VIII: Supervision and Management

Chapter IX: Legal Responsibility

Chapter X: Supplementary Provisions

Chapter I: General provisions

 

Article 1: This Law is enacted to strengthen the administration of the surveying and mapping undertaking, promote its development and ensure that it renders service to development of the national economy, the building up of national defence, and progress of the society.

Article 2: All surveying and mapping activities in the territorial air, land and waters of the People's Republic of China, as well as other sea areas under its jurisdiction shall be conducted in compliance with this Law.

For purpose of this Law, surveying and mapping include the activities conducted to determine, collect and formulate the key elements of physical geography or the shapes, sizes, space positions, attributes, etc. of man-made surface installations, as well as to process and provide the data, information and results gained therefrom.

Article 3: The undertaking of surveying and mapping is a basic undertaking for development of the national economy, building up of national defence, and progress of the society. People's governments at all levels shall strengthen leadership of work in this field.

Article 4: The administrative department for surveying, mapping and geographic information under the State Council shall be in charge of the unified supervision over the work of surveying and mapping throughout the country. The relevant departments under the State Council shall, in line with the division of their functions and duties specified by the State Council, be responsible for the work of surveying and mapping which they are concerned with.

县级以上地方人民政府测绘地理信息行政主管部门负责本行政区域测绘工作的统一监督管理。 The relevant departments of the local people's governments at or above the county level shall, in line with the division of their functions and duties specified by the people's governments at the corresponding level, be responsible for the work of surveying and mapping which they are concerned with.

军队测绘导航主管部门负责管理军事部门的测绘工作,并按照国务院、中央军事委员会规定的职责分工负责管理海洋基础测绘工作。

Article 5: In surveying and mapping, the datums and systems prescribed by the State for surveying and mapping shall be employed, and the technical norms and standards prescribed by the State for surveying and mapping shall be applied.

Article 6: 国家鼓励测绘科学技术的创新和进步,采用先进的技术和设备,提高测绘水平。

Units and individuals that make important contributions to scientific and technological progress in surveying and mapping shall be rewarded in accordance with the relevant regulations of the State.

Article 7: Foreign organizations or individuals engaging in surveying and mapping activity within the territory of the People's Republic of China and other maritime spaces under its administration, must obtain the approval of the State Council Department Responsible for Surveying, Mapping and Other Geographic Information and the Department of the PLA responsible for surveying, mapping and navigation, as well as respecting the relevant laws and administrative regulations of the PRC.

Foreign organizations or individuals that wish to conduct surveying and mapping in the territorial air, land or waters of the People's Republic of China shall, as required by law, join hands with the relevant departments or units of the People's Republic of China in the form of Chinese-foreign equity joint venture or Chinese-foreign contractual joint venture and such surveying and mapping may not involve State secrets or endanger State security.

 

Chapter II: Surveying and Mapping Datums and Systems

 

Article 8: 国家设立和采用全国统一的大地基准、高程基准、深度基准和重力基准,其数据由国务院测绘地理信息行政主管部门审核,并与国务院其他有关部门、军队测绘导航主管部门会商后,报国务院批准。

Article 9: The State establishes a nationwide unified geodetic coordinate system, plane coordinate system, vertical system, geocentric coordinate system and gravimetric system, and defines the classification of orders and classes and precision of the national geodetic survey, as well as the national basic scale map series and their basic precision. 具体规范和要求由国务院测绘地理信息行政主管部门会同国务院其他有关部门、军队测绘导航主管部门制定。

Article 10: 县级以上人民政府测绘地理信息行政主管部门应当加强对用于测绘基准的卫星导航定位基准站的管理,建立统一的卫星导航定位基准服务系统,提供导航定位基准信息服务。

前款所称卫星导航定位基准站,是指对卫星导航信号进行长期连续观测,获取观测数据,并通过通信设施将观测数据实时或者定时传送至数据中心的地面固定观测站。

Article 11: 因建设、城市规划和科学研究的需要,大城市和国家重大工程项目确需建立相对独立的平面坐标系统的,由国务院测绘地理信息行政主管部门批准;其他确需建立相对独立的平面坐标系统的,由省、自治区、直辖市人民政府测绘地理信息行政主管部门批准。

建立相对独立的平面坐标系统,应当与国家坐标系统相联系。

 

Chapter III: Basic Surveying and Mapping

 

Article 12: Basic surveying and mapping is a public welfare undertaking The State exercises administration over basic surveying and mapping at different levels.

For purpose of this Law, basic surveying and mapping include establishing of the nationwide unified surveying and mapping datums and systems, taking of basic aerial photographs, obtaining of the remote sensing data of basic geographic information, surveying, producing and renewing of the national basic scale map series, photomaps and digital products and establishing and renewing of the basic geographic information system.

Article 13: The administrative department for surveying, mapping and geographic information under the State Council shall, in conjunction with the relevant departments under the State Council and the competent department for surveying, mapping and navigation of the army, take charge of drawing up national plans for basic surveying and mapping, and shall submit the plans to the State Council for approval before making arrangements for their implementation.。

县级以上地方人民政府测绘地理信息行政主管部门会同本级人民政府其他有关部门根据国家和上一级人民政府的基础测绘规划和本行政区域内的实际情况,组织编制本行政区域的基础测绘规划,报本级人民政府批准后组织实施。

Article 14: 军队测绘导航主管部门负责编制军事测绘规划,按照国务院、中央军事委员会规定的职责分工负责编制海洋基础测绘规划,并组织实施。

Article 15: People's governments at or above the county level shall incorporate basic surveying and mapping into their annual plans for national economic and social development and their financial budgets at the same level.

The administrative department for development and reform under the State Council shall, in conjunction with the administrative department for surveying, mapping and geographic information under the State Council and on the basis of the national basic surveying and mapping plan, draw up annual plans for national basic surveying and mapping.

The administrative departments for development and reform under the local people's governments at or above the county level shall, in conjunction with the administrative departments for surveying, mapping and geographic information at the corresponding level, draw up annual plans for basic surveying and mapping of their own administrative areas on the basis of the basic surveying and mapping plans for their own administrative areas, and submit their annual plans respectively to the competent departments at the next higher level for the record.

The State gives financial assistance to the outlying districts and minority nationality areas in basic surveying and mapping.

Article 16: The results of basic surveying and mapping shall be regularly renewed. The results of basic surveying and mapping urgently needed for development of the national economy, building up of national defence and progress of the society shall be renewed in time.

The period for renewing the results of basic surveying and mapping shall be determined on the basis of the need for national economic and social development in different areas.

Article 17: 县级以上人民政府测绘地理信息行政主管部门应当根据应急预案的要求,为国家应对突发事件及时提供地图、基础地理信息数据等测绘成果,根据需要做好遥感监测、导航定位等应急测绘保障工作。

Article 18: The administrative departments for surveying, mapping and geographic information, under the local people's governments at or above the county level shall commence geographic situation monitoring with other relevant departments. The results of geographical situation monitoring shall be strictly controlled and their use standardised.

 

Chapter IV: Boundary Surveying and Mapping and Other Surveying and Mapping

 

Article 19: The national boundaries of the People's Republic of China shall be surveyed and mapped in accordance with the boundary treaties or agreements concluded between the People's Republic of China and its neighboring countries. 中华人民共和国地图的国界线标准样图,由外交部和国务院测绘地理信息行政主管部门拟订,报国务院批准后公布。

Article 20: The boundary lines between the administrative areas shall be surveyed and mapped in accordance with the relevant regulations of the State Council. 省、自治区、直辖市和自治州、县、自治县、市行政区域界线的标准画法图,由国务院民政部门和国务院测绘地理信息行政主管部门拟订,报国务院批准后公布。

Article 21: Administrative departments responsible for surveying, mapping and geographic information at the county level and above shall strengthen management of surveying of real property'.

The estate boundary location lines of lands, buildings, structures and other aboveground objects attached to the land shall be surveyed in accordance with the estate boundary location points and estate boundary location lines determined by the local people's governments at or above the county level or with the relevant registration data and attached maps provided by the said governments. When changes in the estate boundary location lines take place, the persons concerned shall, without delay, conduct surveying and mapping accordingly.

Article 22: Projects in the field of urban construction and housing areas related to housing property rights and housing cadastre shall be surveyed in accordance with the norms for surveying which are set under the charge of the administrative department for construction under the State Council and the administrative department for surveying, mapping and geographic information under the State Council.

Projects for water conservancy, energy, transportation, telecommunications, resource development and in other fields shall be surveyed in accordance with the relevant technical norms of the State for project surveying.

Article 23: To establish a geographic information system, the basic geographic information and data that meet State standards shall be used.

 

Chapter V: Qualifications for Surveying and Mapping

 

Article 24: With regard to units engaged in surveying and mapping activities, the State applies a control system for the qualifications for surveying and mapping.

Units engaged in surveying and mapping activities shall meet the following requirements and obtain the necessary qualification certificates of surveying and mapping for different grades:

(1)being manned with specialized technicians needed for the surveying and mapping they are engaged in;

(2)being equipped with the technical equipment and facilities needed for the surveying and mapping they are engaged in;

(3)having a sound technical and quality guarantee system and a control system for surveying and mapping results and data files; and

(4)meeting the other requirements prescribed by the administrative department for surveying and mapping under the State Council.

Article 25: 国务院测绘地理信息行政主管部门和省、自治区、直辖市人民政府测绘地理信息行政主管部门按照各自的职责负责测绘资质审查、发放资质证书,具体办法由国务院测绘地理信息行政主管部门商国务院其他有关部门规定。

The competent department for surveying and mapping of the army shall be responsible for examination of the qualifications for surveying and mapping of military surveying and mapping units.

Article 26: No surveying and mapping units may engage in surveying and mapping activities by exceeding the scope allowed for their grades of qualification or engage in such activities in the name of other surveying and mapping units, or permit other units to engage in such activities in their names.

Where a surveying and mapping project is contracted out, the unit that contracts out the project may not contract it out to a unit that does not possess the necessary qualification grade of surveying and mapping, or force a surveying and mapping unit to undertake the contract at a price lower than the cost of surveying and mapping.

No surveying and mapping units may subcontract surveying and mapping projects.

Article 27: 从事测绘活动的专业技术人员应当具备相应的执业资格条件,具体办法由国务院测绘地理信息行政主管部门会同国务院人力资源社会保障行政主管部门规定。

Article 28: 测绘人员进行测绘活动时,应当持有测绘作业证件。

任何单位和个人不得妨碍、阻挠测绘人员依法进行测绘活动。

Article 29: 测绘单位的资质证书、测绘专业技术人员的执业证书和测绘人员的测绘作业证件的式样,由国务院测绘地理信息行政主管部门统一规定。

 

Chapter VI: Surveying and Mapping Results

 

Article 30: The State applies the system of summarizing and submitting surveying and mapping results.

测绘项目完成后,测绘项目出资人或者承担国家投资的测绘项目的单位,应当向国务院测绘地理信息行政主管部门或者省、自治区、直辖市人民政府测绘地理信息行政主管部门汇交测绘成果资料。 If the results belong to a basic surveying and mapping project, they shall be summarized and submitted in the form of a duplicate copy; and if they do not belong to a basic surveying and mapping project, they shall be summarized and submitted in the form of a catalogue. 负责接收测绘成果副本和目录的测绘地理信息行政主管部门应当出具测绘成果汇交凭证,并及时将测绘成果副本和目录移交给保管单位。 Specific measures for summarizing and submitting surveying and mapping results shall be formulated by the State Council.

国务院测绘地理信息行政主管部门和省、自治区、直辖市人民政府测绘地理信息行政主管部门应当定期编制测绘成果目录,向社会公布。

Article 31: Units in charge of keeping the surveying and mapping results shall take measures to ensure the completeness and safety of the surveying and mapping results and, in accordance with relevant State regulations, make them known to the public and make them available for use.

If the surveying and mapping results belong to State secrets, the provisions of laws and administrative rules and regulations governing State secrets shall be applied; and in the event they are required to be provided to foreign organizations or individuals, the procedures of examination and approval laid down by the State Council and the Central Military Commission shall be followed.

Article 32: 使用财政资金的测绘项目和建设工程测绘项目以及涉及测绘航空航天遥感影像获取的其他项目,有关部门在批准立项前应当征求本级人民政府测绘地理信息行政主管部门的意见,有适宜测绘成果的,应当充分利用已有的测绘成果,避免重复测绘。

Article 33: Where basic surveying and mapping results and other results of surveying and mapping completed with State investment are to be used for decision-making by State organs and for public welfare undertakings, they shall be provided gratis.

For results other than the ones specified in the preceding paragraph, the system for paid use shall be applied in accordance with law; but the government, the relevant government departments and the army may use them free of charge in their efforts to meet the needs of such public interests as taking precautions against natural calamities, ameliorating natural disasters and building up national defence.

Specific measures for use of surveying and mapping results shall be formulated by the State Council.

Article 34: 中华人民共和国领域和管辖的其他海域的位置、高程、深度、面积、长度等重要地理信息数据,由国务院测绘地理信息行政主管部门审核,并与国务院其他有关部门、军队测绘导航主管部门会商后,报国务院批准,由国务院或者国务院授权的部门公布。

Article 35: 各级人民政府应当加强对地图编制、出版、展示、登载和互联网地图服务的监督管理,保证地图质量,维护国家主权、安全和利益。 Specific measures are provided separately by the State Council.

People's governments at all levels shall improve publicity and education among citizens in their awareness of the territory of the State and enhance their awareness of the importance of the State territory. National territory consciousness shall be incorporated into elementary and middle school education.

Article 36: Surveying and mapping units shall be responsible for the quality of the surveying and mapping results they have achieved. 县级以上人民政府测绘地理信息行政主管部门应当加强对测绘成果质量的监督管理。

Article 37: 县级以上人民政府应当推动地理信息资源互联互通、共建共享,采取措施引导和支持企业提供地理信息社会化服务,促进地理信息产业发展。

县级以上人民政府测绘地理信息行政主管部门应当通过地理信息公共服务平台及时向社会提供地理信息公共服务。

 

Chapter VII: Protection of Surveying Markers

 

Article 38: No units or individuals may damage, destroy or, without authorization, remove permanent surveying markers or temporary surveying markers in use, or seize or occupy the land used for permanent surveying markers; nor may they, within the security control area of a permanent surveying marker, conduct activities which endanger the safety and impair the effective use of the surveying markers.

For purpose of this Law, permanent surveying markers include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points, leveling points and satellite positioning points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at sea-bed geodetic points.

Article 39: A unit that establishes permanent surveying markers shall set up distinct signs for such markers, and entrust an appropriate local unit with the designation of persons specially for taking care of them.

Article 40: 进行工程建设,应当避开永久性测量标志;确实无法避开,需要拆迁永久性测量标志或者使永久性测量标志失去效能的,应当经省、自治区、直辖市人民政府测绘地理信息行政主管部门批准;涉及军用控制点的,应当征得军队测绘导航主管部门的同意。 Funds for alterations to construction shall be to the cost of the engineering construction unit.

Article 41: When employing permanent surveying markers, the surveying and mapping persons shall hold their certificates for surveying and mapping operations and ensure that the markers remain in good condition.

Persons responsible for taking care of the surveying markers shall inspect and examine whether they are intact after employment.

Article 42: People's government at or above the county level shall take effective measures to improve protection of the surveying markers.

The administrative departments for surveying, mapping and geographic information under the people's governments at or above the county level shall, in accordance with relevant regulations, inspect and maintain the permanent surveying markers.

People's governments at the township level shall successfully protect the surveying markers within their own administrative areas.

 

Chapter VIII: Supervision and Management

 

Article 43: The department responsible for surveying, mapping and geographic information under the State Council shall establish a technological system for prevention and control of geographic information safety with relevant departments under the State Council, it will also strengthen supervision and management of geographic information safety.

Article 44: Units producing and using geographic information that constitutes state secrets shall employ a registry and long term preservation of the circumstances of the provision and use of such geographic information.

No unit or individual may unlawfully obtain, possess, transfer, loan, provide, sell or use geographic information which is a state secret, and must not upload, tag, transmit or post geographic information which is a state secret.

Article 45: 建设卫星导航定位基准站的,建设单位应当报国务院测绘地理信息行政主管部门或者省、自治区、直辖市人民政府测绘地理信息行政主管部门备案。 国务院测绘地理信息行政主管部门应当汇总全国卫星导航定位基准站建设备案情况,定期向军队测绘导航主管部门通报。 The administrative department responsible for surveying, mapping and geographic information under the State Council shall, with other relevant departments under the State Council issue specific measures.

Article 46: 卫星导航定位基准站建设和运行维护单位应当建立符合要求的数据接收、处理、存储、传输、使用安全保障制度,并遵守国家保密法律、行政法规的规定。 卫星导航定位基准站建设和运行维护不得危害国家安全。

县级以上人民政府测绘地理信息行政主管部门应当会同其他有关部门及时给予指导。

Article 47: 县级以上人民政府测绘地理信息行政主管部门应当对测绘单位及其从业人员实施信用管理,并将其信用状况及时向社会公示。

Article 48: Administrative departments responsible for surveying, mapping and geographic information at the county level people's government and above have responsibility for implementing a supervision and management system, and they have the power to adopt the following measures to undertake supervision and inspection:

(1)Undertake on-site inspections of units who enter surveying and mapping activity areas or which are using surveying and mapping results that are state secrets;

(2)consult and copy relevant contracts, receipts, ledgers and other relevant materials;

(3)seal or seize facilities, tools or raw and processed materials etc. suspected of [involvement in] breaking the law.

Units or individuals who are being inspected shall cooperate and shall factually provide relevant documents and materials and must not conceal, refuse or obstruct.

Where it is discovered that a violation of the State Security, or State Secrets laws or administrative regulations, has occurred, then it [the case?] shall be transferred to the relevant department without delay.

 

Chapter IX: Legal Responsibility

 

Article 49: 违反本法规定,有下列行为之一的,给予警告,责令改正,可以并处五十万元以下的罚款;对负有直接责任的主管人员和其他直接责任人员,依法给予处分:

(1)establishing, without approval, a relatively independent plane coordinate system; and

(2)when establishing geographic information systems, adopting the basic geographic information and data which do not conform to the norms of the State。

Article 50: 违反本法规定,擅自发布中华人民共和国领域和管辖的其他海域的重要地理信息数据的,给予警告,责令改正,可以并处五十万元以下的罚款;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。

Article 51: Anyone who, in violation of the provisions of this Law, and, without obtaining qualification certificates for surveying and mapping, engages in surveying and mapping activities shall be ordered to desist from the violation; his unlawful gains and surveying and mapping results shall be confiscated; and, in addition, he shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon.

Where a person engages in surveying and mapping activities with his qualification certificate for surveying and mapping obtained by fraudulent means, his certificate shall be revoked, his unlawful gains and surveying and mapping results shall be confiscated, and, in addition, he shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon.

Article 52: Where a surveying and mapping unit, in violation of the provisions of this Law, commits one of the following acts, it shall be ordered to desist from the violation, its unlawful gains and surveying and mapping results shall be confiscated, it shall be fined not less than the amount of, but not more two times the amount of, the remuneration for surveying and mapping agreed upon, and it may, in addition, be ordered to suspend operation for shake-up or its qualification may be downgraded; and if the circumstances are serious, its qualification certificates for surveying and mapping shall be revoked:

(1)engaging in surveying and mapping activities by exceeding the scope allowed for its grade of qualification;

(2)engaging in surveying and mapping activities in the name of another surveying and mapping unit; and

(3)permitting another unit to engage in surveying and mapping activities in its name.

Article 53: 违反本法规定,测绘项目的发包单位将测绘项目发包给不具有相应资质等级的测绘单位或者迫使测绘单位以低于测绘成本承包的,责令改正,可以处测绘约定报酬二倍以下的罚款。 Where a staff member of the unit that contracts out a project, taking advantage of his position, extorts or illegally accepts money or things of value from another person or seeks benefits for another person, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with law; and if the violation is not serious enough for criminal punishment, he shall be given administrative sanctions in accordance with law.

Article 54: Where a surveying and mapping unit, in violation of the provisions of this Law, subcontracts a surveying and mapping project to another unit, it shall be ordered to put it right, its unlawful gains shall be confiscated, it shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon, and it may, in addition, be ordered to suspend operation for shake-up or its qualification may be downgraded; and if the circumstances are serious, its qualification certificate for surveying and mapping shall be revoked.

Article 55: Anyone who, in violation of the provisions of this Law and without being qualified for the practice of surveying and mapping, engages in surveying and mapping activities shall be ordered to desist from the violation, his unlawful gains shall be confiscated, and he may, in addition, be fined not more than two times the amount of his unlawful gains; and if losses are caused, he shall bear the responsibility to pay compensation in accordance with law.

Article 56: 违反本法规定,不汇交测绘成果资料的,责令限期汇交;逾期不汇交的,对测绘项目出资人处以重测所需费用一倍以上二倍以下的罚款;对承担国家投资的测绘项目的单位处五万元以上二十万元以下的罚款,暂扣测绘资质证书,自暂扣测绘资质证书之日起六个月内仍不汇交测绘成果资料的,吊销测绘资质证书,并对负有直接责任的主管人员和其他直接责任人员依法给予处分。

Article 57: Where a surveying and mapping unit, in violation of the provisions of this Law, achieves unqualified results, it shall be ordered to conduct make-up surveying and mapping or to resurvey and remap the project; if the circumstances are serious, it shall be ordered to suspend operation for shake-up, its qualification be downgraded, or its qualification certificate for surveying and mapping be revoked; and if losses are caused to the user, it shall bear the responsibility to pay compensation to the user in accordance with law.

Article 58: 违反本法规定,编制、出版、展示、登载的地图和互联网地图发生错绘、漏绘、泄密,危害国家主权或者安全,损害国家利益,构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,依法给予行政处罚或者处分。

Article 59: 违反本法规定,有下列行为之一的,给予警告,责令改正,可以并处二十万元以下的罚款;造成损失的,依法承担赔偿责任;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分:

(1)damaging, destroying or, without authorization, removing permanent surveying markers or temporary surveying markers in use;

(2)seizing or occupying the land used for permanent surveying markers;

(3) within the security control area of a permanent surveying marker, conducting activities which endanger the safety and impair the effective use of the surveying markers;

(4)within the scope of the land occupied by surveying markers, constructing buildings which impair their effective use;

(5)without authorization, dismantling permanent surveying markers or rendering them ineffective, or refusing to pay the expenses entailed by the removal and reestablishment of the markers; and

(6)damaging or destroying permanent surveying markers through violation of the operating rules.

Article 60: 违反本法规定,地理信息生产、使用单位未对属于国家秘密的地理信息提供、使用情况进行登记并长期保存的,给予警告,责令改正,可以并处二十万元以下的罚款;情节严重的,责令停业整顿,降低资质等级直至吊销测绘资质证书;对负有直接责任的主管人员和其他直接责任人员,依法给予处分。

Article 61: 违反本法规定,卫星导航定位基准站建设单位未报测绘地理信息行政主管部门备案,或者卫星导航定位基准站建设和运行维护单位未建立符合要求的数据接收、处理、存储、传输、使用安全保障制度的,对卫星导航定位基准站建设和运行维护单位给予警告,责令改正;逾期不改正的,处十万元以上三十万元以下的罚款;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。

Article 62: 违反本法规定,卫星导航定位基准站建设和运行维护危害国家安全的,对卫星导航定位基准站建设和运行维护单位给予警告,责令改正,并处三十万元以上五十万元以下的罚款;逾期未改正或者采取改正措施无法消除安全隐患的,责令限期拆除;当事人在法定期限内不申请行政复议或者提起行政诉讼,又不拆除的,可以依法强制拆除;构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。

Article 63: 违反本法规定,有下列行为之一的,责令停止违法行为,没收测绘成果和测绘工具,并处五万元以上三十万元以下的罚款;情节严重的,并处三十万元以上五十万元以下的罚款,责令限期离境;所获取的测绘成果属于国家秘密,构成犯罪的,依法追究刑事责任:

(1)in the case of foreign organizations or individuals, without approval, engaging in surveying and mapping activities in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China; and

(2)in the case of foreign organizations or individuals, without joining an equity or contractual joint venture with the relevant department or unit of the People's Republic of China, engaging in surveying and mapping activities in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China.

Article 64: 本法规定的降低资质等级、暂扣测绘资质证书、吊销测绘资质证书的行政处罚,由颁发资质证书的部门决定;其他行政处罚由县级以上人民政府测绘地理信息行政主管部门决定。

本法第六十三条规定的责令限期离境由公安机关决定。

Article 65: 违反本法规定,县级以上人民政府测绘地理信息行政主管部门工作人员利用职务上的便利收受他人财物、其他好处或者玩忽职守,对不符合法定条件的单位核发测绘资质证书,不依法履行监督管理职责,或者发现违法行为不予查处,造成严重后果,构成犯罪的,依法追究刑事责任;尚不够刑事处罚的,对负有直接责任的主管人员和其他直接责任人员,依法给予处分。

 

Chapter X: Supplementary Provisions

 

Article 66: Administrative measures for military surveying and mapping shall be formulated by the Central Military Commission in accordance with the provisions of this Law.

Article 67: This Law shall go into effect as of December 1, 2002.

 

 

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