Surveying and Mapping Law of the People's Republic of China (2017Revision)

Surveying and Mapping Law of the People's Republic of China (2017Revision) Order of the President of the People's Republic of China (No. 67) The Surveying and Mapping Law of the People's Republic of China , as revised and adopted at the 27th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on April 27, 2017, is hereby issued and shall come into force on July 1, 2017. President of the People's Republic of China: Xi Jinping April 27, 2017 Surveying and Mapping Law of the People's Republic of China (Adopted at the 29th Session of the Standing Committee of the Seventh National People's Congress on December 28, 1992, amended for the first time at the 29th Session of the Standing Committee of the Ninth National People's Congress on August 29, 2002, and amended for the second time at the 27th Session of the Standing Committee of the Twelfth National People's Congress on April 27, 2017) Table of Contents 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 Surveying and Mapping Qualification Chapter VI Surveying and Mapping Results Chapter VII Protection of Surveying Markers Chapter VIII Supervision and Administration Chapter IX Legal Liability Chapter X Supplementary Provisions Chapter I General Provisions Article 1 This Law is developed to strengthen the administration of surveying and mapping, promote the development of the surveying and mapping undertaking, guarantee the service thereof to economic construction, national defense construction, social development and ecological protection, and maintain the security of national geoinformation. Article 2 All surveying and mapping activities conducted within the territory and other sea areas under the jurisdiction of the People's Republic of China shall comply with this Law. For the purpose of this Law, “surveying and mapping” mean the activities conducted to determine, collect and present the key elements of physical geography or the shapes, sizes, space positions, and attributes, etc., of man-made surface installations, as well as the processing and provision of data, information and achievements obtained. Article 3 The surveying and mapping undertaking is fundamental to economic construction, national defense construction and social development. People's governments at all levels shall strengthen the leadership of the surveying and mapping work. Article 4 The competent department of surveying, mapping and geoinformation of the State Council shall be responsible for the uniform supervision and administration of the surveying and mapping work nationwide. Other relevant departments of the State Council shall be responsible for their relevant surveying and mapping work according to their respective functions as prescribed by the State Council. The competent department of surveying, mapping and geoinformation of the local people's government at or above the county level shall be responsible for the uniform supervision and administration of the surveying and mapping work within its administrative region. Other relevant departments of the local people's government at or above the county level shall be responsible for the relevant surveying and mapping work according to their respective functions as prescribed by the people's government at the same level. The surveying and mapping departments of the armed forces shall be responsible for the management of the surveying and mapping work of the military departments, and be responsible for the management of the basic marine surveying and mapping work according to their respective functions prescribed by the State Council and the Central Military Commission. Article 5 Those conducting surveying and mapping activities shall use the surveying and mapping datums and systems as prescribed by the state and execute the technical specifications and standards of surveying and mapping prescribed by the state. Article 6 The state encourages scientific and technological innovation and progress in surveying and mapping and the adoption of advanced technologies and equipment to improve the quality of surveying and mapping, promote military and civilian integration, and promote the application of surveying and mapping results. The state shall strengthen international exchange and cooperation in surveying and mapping science and technology. Entities and individuals that have made significant contributions to scientific and technological innovation and progress in surveying and mapping shall be rewarded in accordance with the relevant provisions of the state. Article 7 The people's governments at all levels and the relevant departments shall strengthen the publicity and education of national domain awareness so as to enhance the citizens' awareness of the national domain. News media shall conduct the publicity of national domain awareness. Education administrative departments and schools shall include the education on national domain awareness in the teaching content of the primary and middle schools, and strengthen patriotism education. Article 8 A foreign organization or individual that conducts surveying and mapping activities within the territory and other sea areas under the jurisdiction of the People's Republic of China must be subject to the approval of the competent department of surveying, mapping and geoinformation of the State Council jointly with the surveying and mapping department of the armed forces, and must abide by the provisions of relevant laws and administrative regulations of the People's Republic of China. A foreign organization or individual that conducts surveying and mapping activities within the territory of the People's Republic of China must cooperate with the relevant departments or entities of the People's Republic of China, and shall not involve any state secret or damage state security. Chapter II Surveying and Mapping Datums and Systems Article 9 The state shall establish and adopt the nationwide uniform geodetic datums, vertical datums, depth datums and gravimetric datums, and the data thereof shall be examined by the competent department of surveying, mapping and geoinformation of the State Council and, after consultation with other relevant departments of the State Council and the surveying and mapping department of the armed forces, be reported to the State Council for approval. Article 10 The state shall establish a national uniform geodetic coordinate system, plane coordinate system, vertical system, geocentric coordinate system and gravimetric system, and determine the classes and precision of national geodetic survey, as well as national basic scale map series and their basic precisions. Specific standards and requirements shall be formulated by the competent department of surveying, mapping and geoinformation of the State Council jointly with other relevant departments of the State Council and the surveying and mapping department of the armed forces. Article 11 Where it is necessary to establish a relatively independent plane coordinate system for a major engineering project of the state or a large city determined by the State Council for the needs of construction, urban planning and scientific research, the establishment shall be subject to the approval of the competent department of surveying, mapping and geoinformation of the State Council. If it is necessary to establish a relatively independent plane coordinate system for any other purpose, the establishment shall be subject to the approval of the competent department of surveying, mapping and geoinformation of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The relatively independent plane coordinate system established shall be connected with the state coordinate system. Article 12 The competent department of surveying, mapping and geoinformation of the State Council and the competent department of surveying, mapping and geoinformation of the people's government of the province, autonomous region or municipality directly under the Central Government shall, jointly with other relevant departments of the people's government at the same level, and under the principles of overall planning and construction and sharing of resources, establish a uniform base service system for satellite navigation and positioning, and provide public base information services for navigation and positioning. Article 13 Where a satellite navigation and positioning base station is constructed, the construction entity shall, according to the relevant provisions of the state, report to the competent department of surveying, mapping and geoinformation of the State Council or the competent department of surveying, mapping and geoinformation of the people's government of the province, autonomous region or municipality directly under the Central Government for recordation. The competent department of surveying, mapping and geoinformation of the State Council shall summarize the information on the recordation of construction of satellite navigation and positioning base stations nationwide, and notify the surveying and mapping department of the armed forces on a periodical basis. For the purpose of this Law, “satellite navigation and positioning base stations” mean the fixed ground observation stations that continuously observe satellite navigation signals on a long-term basis, and transmit the observation data through communication facilities to the data center on real time or at fixed intervals. Article 14 The construction, operation and maintenance of satellite navigation and positioning base stations shall comply with national standards and requirements, and shall not endanger state security. The entities which construct, operate and maintain satellite navigation and positioning base stations shall establish data security guarantee rules, and observe the provisions of laws and administrative regulations on confidentiality. The competent department of surveying, mapping and geoinformation of the people's government at or above the county level shall, jointly with other relevant departments of the people's government at the same level, strengthen the standardization and guidance of the construction, operation and maintenance of satellite navigation and positioning base stations. Chapter III Basic Surveying and Mapping Article 15 Basic surveying and mapping is a public welfare undertaking. The state shall apply hierarchical administration to basic surveying and mapping. For the purpose of this Law, “basic surveying and mapping” means establishing national uniform surveying 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 basic geoinformation systems. Article 16 The competent department of surveying, mapping and geoinformation of the State Council shall, jointly with other relevant departments of the State Council and the surveying and mapping department of the armed forces, organize the making of a national basic surveying and mapping plan, and organize the implementation of the plan after it is approved by the State Council. The competent department of surveying, mapping and geoinformation of the local people's government at or above the county level shall, jointly with other relevant departments of the people's government at the same level, organize the making of a basic surveying and mapping plan of its administrative region based on the basic surveying and mapping plans of the state and the people's government at the next higher level, and in light of the actual circumstances of its administrative region, and shall organize the implementation of the plan after it is approved by the people's government at the same level. Article 17 The surveying and mapping department of the armed forces shall be responsible for making plans for military surveying and mapping, and shall, according to its functions prescribed by the State Council and the Central Military Commission, make a plan for basic marine surveying and mapping, and organize the implementation of the plan. Article 18 The people's government at or above the county level shall include basic surveying and mapping in its annual plan for national economic and social development at the same level, and include the funds required for basic surveying and mapping in the budget of the government at the same level. The development and reform department of the State Council shall, jointly with the competent department of surveying, mapping and geoinformation of the State Council, make a national annual plan for basic surveying and mapping based on the national plan for basic surveying and mapping. The development and reform department of the local people's government at or above the county level shall, jointly with the competent department of surveying, mapping and geoinformation of the people's government at the same level, make a annual plan for basic surveying and mapping of its administrative region based on the plan for basic surveying and mapping in its administrative region, and submit the plan to the department at the next higher level for recordation. Article 19 Basic surveying and mapping results shall be updated on a regular basis, and those in urgent need in economic construction, national defense construction, social development and ecological protection shall be updated in a timely manner. The updating interval of basic surveying and mapping results shall be determined according to the needs of national economic and social development of different regions. Chapter IV Boundary Surveying and Mapping and Other Surveying and Mapping Article 20 Surveying 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, as organized by the Ministry of Foreign Affairs. 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 competent department of surveying, mapping and geoinformation of the State Council, and be submitted to the State Council for approval and issuance. Article 21 The survey......