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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II SURVEY AND MAPPING DATUMS AND SYSTEMS CHAPTER III BASIC SURVEYING AND MAPPING CHAPTER IV BOUNDARY SURVEYING AND MAPPING AND OTHER SURVEYING AND MAPPING CHAPTER V QUALIFICATION OF SURVEYING AND MAPPING CHAPTER VI SURVEYING AND MAPPING RESULTS CHAPTER VII PROTECTION OF SURVEYING MARKERS CHAPTER VIII LEGAL RESPONSIBILITIES CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to strengthen the administration of survey and mapping, to promote the development of the undertaking of survey and mapping and to ensure the service thereof to the national economic construction, the building-up of national defense, and the social development. Article 2. All survey and mapping activities conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall comply with this Law. The "survey and mapping" used in this Law shall refer to the survey, collection and presentation of the shape, size, spatial location and properties of the natural and geographic factors or the man-made surface facilities, as well as the processing and providing of the data, information and achievements obtained. Article 3. The undertaking of survey and mapping is fundamental to the economic construction, the building-up of national defense and the social development. The people's governments at all levels shall strengthen the leadership over the work of survey and mapping. Article 4. The department of survey and mapping administration under the State Council shall be in charge of the unified supervision and administration of the survey and mapping work throughout the country. Other relevant departments under the State Council shall be responsible for the management of survey and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the State Council. The departments of survey and mapping administration of the local people's governments at or above the county level shall be in charge of the survey and mapping work within their respective administrative regions. Other relevant departments of the local people's governments at or above the county level shall be responsible for the management of survey and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the people's governments at the corresponding level. The department of survey and mapping in the armed forces shall be responsible for the management of survey and mapping work of military departments, and shall, in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission, be responsible for the management of basic marine survey and charting work. Article 5. Those conducting survey and mapping shall employ the survey and mapping datums and systems prescribed by the State and execute the technical norms and standards of survey and mapping prescribed by the state. Article 6. The state shall encourage the innovation and advancement in survey and mapping technology and the adoption of advanced technology and equipment to improve the level of survey and mapping. Entities and individuals that have made significant contributions to the advancement of survey and mapping technology shall be awarded in accordance with the relevant provisions of the state. Article 7. A foreign organization or individual that conducts survey and mapping in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China must be subject to the approval of the department of survey and mapping administration under the State Council jointly with the department of survey and mapping administration in the armed forces, and must abide by the relevant laws and regulations of the People's Republic of China. A foreign organization or individual that conducts survey and mapping in the territorial air, land and waters of the People's Republic of China must take the form of an equity joint venture or contractual joint venture with the relevant departments or entities of the People's Republic of China, and may not involve any state secret or harm the state security. CHAPTER II SURVEY AND MAPPING DATUMS AND SYSTEMS Article 8. The State shall establish and adopt the nationwide unified geodetic datums, vertical datums, depth datums and gravimetric datums, and the data thereof shall be examined and verified by the department of survey and mapping administration under the State Council and, after consultation with other relevant departments under the State Council and the department of survey and mapping in the armed forces, be submitted to the State Council for approval. Article 9. The State shall establish a nationwide unified geodetic coordinate system, plane coordinate system, vertical system, geocentric coordinate system and gravimetric system, and define 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. Specific norms and requirements shall be formulated by the department of survey and mapping administration under the State Council after consultation with other relevant departments under the State Council and the department of survey and mapping in the armed forces. Under the circumstances that the state security shall not be disturbed, the adoption of international coordinate systems where it is really necessary must be subject to the approval of the department of survey and mapping administration under the State Council jointly with the department of survey and mapping in the armed forces. Article 10. Where the major engineering projects of large cities and the state do need to establish relatively independent plane coordinate systems for the needs of construction, urban planning and scientific research, the establishment shall be subject to the department of survey and mapping administration under the State Council. And other establishment of relatively independent plane coordinate systems where it is really necessary shall be subject to the approval of the department of survey and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The relatively independent plane coordinate systems established shall be connected with the state coordinate systems. CHAPTER III BASIC SURVEY AND MAPPING Article 11. Basic survey and mapping is a public welfare undertaking. The state shall administer the basic survey and mapping on a classified basis. The "basic survey and mapping" used in this Law shall refer to establishing nationwide unified survey and mapping datums and systems, conducting basic aerial photography, obtaining remote sense materials of basic geographic information, mapping and updating national basic scale maps, image maps and digital products, and establishing and updating the basic geographic information systems. Article 12. The department of survey and mapping administration under the State Council shall, jointly with other relevant departments under the State Council and the department of survey and mapping administration in the armed forces, draw up the plan for national basic survey and mapping, and take charge of the implementation after submitting the plan to the State Council for approval. The departments of survey and mapping administration of the local people's governments at or above the county level shall, jointly with other relevant departments of the people's governments at the corresponding level, take charge of the drawing-up of the plans for basic survey and mapping of their respective administrative regions on the basis of the plans for basic survey and mapping of the state and the people's governments at the next higher level and in light of the actual situation of their respective administrative regions, and shall submit such plans to the people's governments at the corresponding level for approval and submit them to the departments of survey and mapping administration at the next higher level for record before implementation. Article 13. The department of survey and mapping in the armed forces shall draw up the plans for military survey and mapping, shall, in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission, draw up plans for the basic marine survey and charting, and shall take charge of their implementation. Article 14. The people's governments at or above the county level shall bring the basic survey and mapping into their annual plans and financial budgets of national economic and social development at the corresponding level. The department of development planning under the State Council shall, jointly with the department of survey and mapping under the State Council, draw up the annual plan for national basic survey and mapping on the basis of the plan for national basic survey and mapping. The departments of development planning of the local people's governments at or above the county level shall, jointly with the department of survey and mapping administration at the corresponding level, draw up the annual plans for basic survey and mapping of their respective administrative regions on the basis of their plans for basic survey and mapping, and shall submit such annual plans to the respective competent departments for record. The state shall give financial support to the basic survey and mapping of the remote areas and the areas of minor nationalities. Article 15. The results of basic survey and mapping shall be updated periodically, and those badly needed in the construction of national economy, national defense and social development shall be updated timely The updating period of basic survey and mapping results shall be determined according to the needs of national economic and social development of different areas. CHAPTER IV BOUNDARY SURVEY AND MAPPING AND OTHER SURVEY AND MAPPING Article 16. Survey and mapping of international boundaries of the People's Republic of China shall be carried out in accordance with the boundary treaties or agreements signed by the People's Republic of China with the adjacent nations. Standard sample maps defining the international boundaries of the People's Republic of China shall be drafted by the Ministry of Foreign Affairs and the department of survey and mapping administration under the State Council and be submitted to the State Council for approval and promulgation. Article 17. Survey and mapping of administrative boundaries shall be carried out in accordance with the relevant provisions of the State Council. The standard drawings of administrative boundaries between provinces, autonomous regions and municipalities, and between autonomous prefectures, counties, autonomous counties and city districts shall be drafted by the department of civil affairs under the State Council jointly with the department of survey and mapping administration under the State Council, and be submitted to the State Council for approval and promulgation. Article 18. The department of survey and mapping administration under the State Council shall, jointly with the department of land administration under the State Council, draw up the plan for national cadastre survey and mapping. The departments of survey and mapping administration of the local people's governments at or above the county level shall, jointly with the departments of land administration at the corresponding level, draw up the plans for cadastre survey and mapping of their respective administrative regions. The departments of survey and mapping administration of the people's governments at or above the county level shall, on the basis of the plans for cadastre survey and mapping, take charge of the administration of cadastre survey and mapping. Article 19. Survey and mapping of the estate boundary location lines of lands, buildings, structures and other aboveground objects attached to the land shall be conducted 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 by the relevant registration data and attached maps provided by such governments. In case of alteration of the estate boundary location lines, the parties concerned shall make the survey and mapping of alteration timely. Article 20. In the engineering survey within urban construction areas, and the survey of the house area related to the property right or property owner of the house, the technical norms of survey drawn up by the department of construction administration under the State Council and the department of survey and mapping under the State Council shall be executed. The engineering survey in water conservancy, energy, traffic, communication, resource development and other areas shall be carried out pursuant to the relevant technical norms of engineering survey of the state. Article 21. Establishment of geographic information systems must employ the basic geographic information data that meet the state standards CHAPTER V QUALIFICATION OF SURVEY AND MAPPING Article 22. The state shall apply the system of administration of survey and mapping qualification to the entities conducting survey and mapping. Entities conducting survey and mapping shall possess the following conditions, and shall obtain the certificates of survey and mapping qualification of the corresponding level before conducting any survey and mapping: (1) Having the professional technical personnel compatible with the conduction of survey and mapping; (2) Having the technical equipment and facilities compatible with the conduction of survey and mapping; (3) Having a sound technical and quality guarantee system and the management system of survey and mapping results and the materials and archives; and (4) Having other conditions provided for by the department of construction administration under the State Council. Article 23. The department of survey and mapping administration under the State Council and the departments of survey and mapping administration of the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government shall, according to their respective functions and responsibilities, be in charge of the examination of the qualification for survey and mapping and the issuance of the qualification certificates. The specific measures shall be provided for by the department of survey and mapping administration under the State Council after consultation with other relevant departments under the State Council. The department of survey and mapping administration in the armed forces shall be responsible for the examination of the qualification for survey and mapping of the military entities. Article 24. A survey and mapping entity may not conduct survey and mapping beyond the scope of its qualification level or conduct survey and mapping in the name of other survey and mapping entities, neither may it allow other entities to conduct survey and mapping in its name. In the contracting of a survey and mapping project, the contract-issuing entity may not give out the contract to an entity without the corresponding survey and mapping qualification level or force the survey and mapping entity to contract the project with the contracting fee lower than the cost. The survey and mapping entity may not sub-contract the survey and mapping project it contracted. Article 25. The professional technical personnel conducting survey and mapping shall have the corresponding practice qualification, the specific measures shall be prescribed by the department of survey and mapping administration under the State Council jointly with the department of personnel under the State Council. Article 26. Survey and mapping personnel shall conduct survey and mapping work with survey and mapping work certificates. No entity or individual may impede or obstruct the survey and mapping conducted by survey and mapping personnel in accordance with the law. Article 27. The format of the certificate of qualification of survey and mapping entity, the practice certificate of professional survey and mapping technical personnel and the survey and mapping work certificates of the survey and mapping personnel shall be uniformly prescribed by the department of survey and mapping administration under the State Council. CHAPTER VI SURVEY AND MAPPING RESULTS Article 28. The state shall apply the system of summarization and submission of survey and mapping results. After a survey and mapping project is finished, the sponsor of the project or the entity undertaking the project with state investment shall summarize and submit the survey and mapping results and materials to the department of survey and mapping administration under the State Council or the department of survey and mapping administration of the people's government of the relevant province, autonomous regions, or municipality directly under the Central Government. In case of a project of basic survey and mapping, the counterparts of the survey and mapping results shall be summarized and submitted; in case of a project of non-basic survey and mapping, the catalog of survey and mapping results shall be summarized and submitted. The department of survey and mapping administration in charge of acceptance of the counterparts and catalogs of survey and mapping results shall produce the proof of summarization and submission of the results, and shall transfer the counterparts and catalogs to the depositories. The State Council shall formulate the specific measures for the summarization and submission of survey and mapping results. The department of survey and mapping administration under the State Council or the departments of survey and mapping administration of the people's governments of the provinces, autonomous regions, or municipalities directly under the Central Government shall periodically compile the catalogs of survey and mapping results and promulgate them to the public. Article 29. The depositories of survey and mapping results shall take measures to ensure the completeness and safety of the survey and mapping results, and shall publicize and provide the results to the public pursuant to the relevant provisions of the state. Where the survey and mapping results are state secrets, the provisions of the laws and regulations of the state on secrecy shall be applied. If such results need to be provided to foreign organizations or individuals, the examination and approval procedures prescribed by the State Council and the Central Military Commission shall be followed. Article 30. With respect to the survey and mapping projects financed by the treasury and the construction engineering survey and mapping projects financed by the treasury, the relevant departments shall seek opinions from the departments of survey and mapping administration of the people's governments at the corresponding level before approving the establishment of the project, where there are suitable survey and mapping results, the existing results shall be fully utilized and repeated survey and mapping shall be avoided. Article 31. The results of basic survey and mapping and other survey and mapping results achieved with state investment that are to be used in decision-making of the state or in public welfare undertakings shall be provided for free. The system of paid use shall be applied to the survey and mapping results other than those prescribed in the preceding paragraph; but such results may be used free for the needs of public interests of the governments and the relevant departments and armed forces, such as prevention and mitigation of disasters, and national defense. The State Council shall formulate the specific measures for the use of survey and mapping results. Article 32. The significant geographic information and data concerning the positions, elevations, depths, areas and lengths of the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall be examined and verified by the department of survey and mapping administration under the State Council then, after consultation with other relevant departments under the State Council and the department of survey and mapping in the armed forces, be submitted to the State Council for approval, and then promulgated by the State Council or by the department authorized thereby. Article 33. The people's governments at all levels shall strengthen the administration of the drawing-up, printing, publication, showing of maps and publishing of maps on newspapers or magazines to guarantee the quality of the maps and to safeguard the sovereignty, security and interests of the state. The State Council shall formulate the specific measures y. The people's governments at all levels shall educate the citizens in the sense of state territory. Article 34. Survey and mapping entities shall be responsible for the quality of the survey and mapping results achieved by them. The departments of survey and mapping administration of the people's governments at or above the county level shall strengthen the supervision and administration of the quality of survey and mapping results. CHAPTER VII PROTECTION OF SURVEY MARKERS Article 35. No entity or individual may damage, destroy, or without authorization remove the permanent survey markers as well as the temporary survey markers still in use, or seize or occupy the land used for permanent survey markers, or conduct any activity which endangers the safety and effective utilization of the survey marker within the security control area of a permanent survey marker. Permanent survey markers used in this Law 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 location points of various orders and classes, as well as fixed markers used for topographic mapping, engineering survey and deformation measurement, and installations at seabed geodetic points. Article 36. An entity that establishes permanent survey markers shall set up distinct signs for such markers, and shall entrust an appropriate local entity with the designation of personnel to take care of such survey markers. Article 37. A construction entity shall, when carrying out engineering construction, seek to get around permanent survey markers. If it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the construction entity shall get the approval from the department of survey and mapping administration under the State Council or from the department of survey and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government; where military control points are involved, the consent of the department of survey and mapping administration in the armed forces shall be obtained. The construction entity shall bear the expenses for the removal and reestablishment of such markers. Article 38. Survey and mapping personnel shall employ permanent survey markers with their survey and mapping work certificates, and ensure that the survey markers remain in good condition. The personnel taking care of the survey markers shall inspect and examine if the markers are intact after employment. Article 39. The people's governments at or above the county level shall take effective measures to strengthen the protection of survey markers. The departments of survey and mapping administration of the people's governments at or above the county level shall check and maintain the permanent survey markers pursuant to the provisions. The people's governments at the township level shall take care of the protection of survey markers within their respective administrative regions. CHAPTER VIII LEGAL RESPONSIBILITIES Article 40. Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and may be imposed on a fine of not more than 100,000 yuan concurrently; the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law: (1) Establishing relatively independent plane coordinate systems without approval; or (2) Employing the basic geographic information data that don't meet the state standards in the establishment of geographic information systems. Article 41. Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and may be imposed on a fine of not more than 100,000 yuan concurrently; where a crime has been constituted, the criminal responsibilities shall be investigated for; where the circumstances are not serious enough for criminal punishment, the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law: (1) Employing international coordinate systems in survey and mapping without approval; or (2) Releasing important geographic information data of the territorial land, air and water and other sea areas under the jurisdiction of the People's Republic of China without authorization. Article 42. Whoever, in violation of this Law, conducts survey and mapping without the certificate of qualification for survey and mapping shall be ordered to stop the illegal act, the illegal gains and the survey and mapping results shall be confiscated, and a fine of more than 1 time but less than 2 times of the agreed remuneration for survey and mapping shall be imposed on the offender. For those obtaining the certificate of qualification for survey and mapping by deceitful means to conduct survey and mapping, their qualification certificates shall be revoked, the illegal gains and the survey and mapping results shall be confiscated, and a fine of more than 1 time but less than 2 times of the agreed remuneration for survey and mapping shall be imposed on the offender. Article 43. Any survey and mapping entity that, in violation of this Law, commits any of the following acts shall be ordered to stop the illegal act, the illegal gains and survey and mapping results shall be confiscated, a fine of more than 1 time but less than 2 times of the agreed remuneration for survey and mapping shall be imposed on that entity, and the entity may be ordered to stop business for rectification or its qualification level may be lowered; where the circumstances are serious, its certificate of qualification for survey and mapping shall be revoked: (1) Conducting survey and mapping beyond the scope the qualification level; (2) Conducting survey and mapping in the name of other survey and mapping entities; or (3) Allowing other entities to conduct survey and mapping activities in its name. Article 44. If a contract-issuing entity, in violation of this Law, contracts the survey and mapping project to a survey and mapping entity without the corresponding qualification level or forces a survey and mapping entity to undertake the project with the contracting fee lower than the cost, the contract-issuing entity shall be ordered to correct its act, and may be imposed on a fine of not more than 2 times of the agreed remuneration for survey and mapping. If any staff member of the contract-issuing entity takes advantage of his powers to demand money or property from others or illegally accepts money or property from others and seeks interests for others in return, where a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law; where the circumstances are not serious enough for criminal punishment, administrative sanctions shall be given pursuant to law. Article 45. Any survey and mapping entity that, in violation of this Law, sub-contracts the survey and mapping project shall be ordered to correct its act, the illegal gains shall be confiscated, a fine of more than 1 time but less than 2 times of the agreed remuneration for survey and mapping shall be imposed, and the entity may be ordered to stop its business for rectification or its qualification level may be lowered; where the circumstances are serious, its certificate of qualification for survey and mapping shall be revoked. Article 46. Whoever, in violation of this Law, conducts survey and mapping without the practice qualification for survey and mapping, shall be ordered to stop the illegal act, the illegal gains shall be confiscated, a fine of not more than 2 times of the agreed remuneration for survey and mapping may be imposed concurrently; where any loss is caused, the offender shall be liable for compensation. Article 47. Whoever, in violation of this Law, fails to summarize and submit the survey and mapping results and materials shall be ordered to summarize and submit the results and materials within the specific time limit; where no summarization and submission is made within that time limit, the sponsor of the survey and mapping project shall be imposed on a fine of more than 1 time but less than 2 times of the expenses needed for a renewing survey and mapping; the entity undertaking a survey and mapping project with state investment shall be imposed on a fine of more than 100,000 but less than 50,000 yuan, and its certificate of qualification for survey and mapping shall be suspended, if the entity fails to summarize and submit the survey and mapping results and materials within 6 months from the day of suspension of its qualification certificate, the certificate shall be revoked, and the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions pursuant to law. Article 48. For the substandard quality of survey and mapping results due to violation of this law, the survey and mapping entity shall be ordered to make up the survey and mapping or do it over again; where the circumstances are serious, the entity shall be ordered to stop business for rectification, it qualification level shall be lowered or even its certificate of qualification for survey and mapping shall be revoked; where any loss has been caused to the user, the entity shall be liable for compensation. Article 49. If the map drawn up, printed, published or showed contains any mistake, omits any information or discloses any secret and thus harms the sovereignty or security of the state, or impairs the interests of the state, where a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law; where the circumstances are not serious enough for criminal punishment, administrative punishment or administrative sanctions shall be given pursuant to law. Article 50. Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and may be imposed on a fine of not more than 50,000 yuan concurrently; where any loss has been caused, the offender shall be liable for compensation; where a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law; where the circumstances are not serious enough for criminal punishment, the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions pursuant to law: (1) Damaging, destroying or without authorization removing permanent survey markers and temporary survey markers still in use; (2) Seizing or occupying the land used for permanent survey markers (3) Conducting activities that endanger the safety and effective utilization of survey marker within the security control area of a permanent survey marker; (4) Constructing buildings that affect the effective utilization of survey marker within the land occupied by a survey marker; (5) Without authorization demolishing permanent survey markers or rendering permanent survey markers ineffective, or refusing to pay for the expenses for removal and reestablishment; or (6) Using permanent survey markers in violation of the operation rules and thus causing damages to permanent survey markers. Article 51. Whoever, in violation of this Law, commits any of the following acts shall be ordered to stop the illegal act, the survey and mapping results and tools shall be confiscated, and a fine of more than 10,000 yuan but less than 100,000 yuan shall be imposed on the offender concurrently; where the circumstances are serious, the offender shall be imposed on a fine of more than 100,000 yuan but less than 500,000 yuan and be ordered to leave the territory of China within a specific time limit; where the achieved survey and mapping results are state secrets and a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law: (1) Foreign organizations or individuals conduct survey and mapping in the territorial land, water and air and other sea areas under the jurisdiction of the People's Republic of China without approval; or (2) Foreign organizations or individuals conduct survey and mapping activities within the territory of the People's Republic of China without cooperating, in the form of an equity joint venture or a contractual joint venture, with the relevant departments or entities of the People's Republic of China. Article 52. The administrative punishment of lowering the qualification level, and suspending or revoking the certificate of qualification for survey and mapping shall be decided by the departments issuing the qualification certificates; other administrative punishment shall be decided by the departments in charge of survey and mapping administration of the people's governments at or above the county level. Ordering the offender to leave the territory of China prescribed in Article 51 of this Law shall be decided by the public security offices. Article 53. If any member of the departments in charge of survey and mapping administration of the people's governments at or above the county level, in violation of this Law, takes advantage of his powers to accept money and property or other benefits from others, or neglects his duties and issues certificates of qualification for survey and mapping to the entities that don't meet the conditions provided for by the law, fails to perform the duties of supervision and administration pursuant to law or fails to punish the illegal acts that have been found out, and thus causes serious consequences, where a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law; where the circumstances are not serious enough for criminal punishment, the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions. CHAPTER IX SUPPLEMENTARY PROVISIONS Article 54. The Central Military Commission shall formulate the Measures for the Administration of Military Survey and Mapping in accordance with this Law. Article 55. This Law shall come into force on December 1, 2002. |
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