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Laws of the People's Republic of China |
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| Category | URBAN AND RURAL CONSTRUCTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1995-07-10 | Effective Date | 1995-10-01 |
|
Regulations of the People's Republic of China on the Management of Map Drawing and Publication |
|---|
Article 1 These Regulations are formulated for the purpose of
strengthening control on map drawing and publication, ensuring the quality
of the maps drawn up and published and maintaining national sovereignty,
security and interests, in order to serve economic construction, social
development and the people's livelihood.
Article 2 These Regulations shall apply to the drawing up and
publication of all kinds of ordinary and specialized maps as available to
the public.
Article 3 Laws and administrative regulations on confidentiality must be
complied with when maps are drawn up and published.
Maps which are available to the public must not show any state secrets
or restricted items.
Article 4 The administrative department responsible for surveying and
mapping under the State Council shall be in charge of drawing up maps of the
whole country. Other relevant departments under the State Council, according
to the division of duties as stipulated by the State Council, shall be
responsible for drawing up specialized maps within their own departments. The
administrative department responsible for publication under the State Council
in conjunction with the administrative department responsible for surveying
and mapping under the State Council, shall be responsible for national map
publication work.
The department responsible for drawing up and publishing maps in a
province, autonomous region or municipality directly under the Central
Government and its duties shall be stipulated by the people's government of
the province, autonomous region or municipality directly under the Central
Government.
The administration and drawing up of military maps and sea charts shall Article 5 Anyone who draws up an ordinary map must hold the relevant Anyone who draws up a specialized map and who needs to survey and draw Article 6 When the map contains the national borders of the People's (1) the national borders of the People's Republic of China shall be drawn (2) the historical Chinese borders during the period from 1840 to the (3) the borders of each country in the world shall be drawn according to The standard specimen maps showing the national borders of the People's Article 7 When the map contains the boundaries of the administrative (1) if the State Council has already designated the boundaries, or the (2) if the people's governments of neighbouring provinces, autonomous (3) if there are any disputes between the people's governments of Article 8 When a map is drawn up, national regulations concerning Article 9 When a map is drawn up, the following requirements shall be (1) the newest map data shall be selected as the basis of the map, (2) the geographical location, situation, name of each factor and (3) any relevant data or professional content for use in the (4) the scale of the map shall conform with national regulations. Article 10 Ordinary maps shall be published by special publishing The establishment of a special publishing house for maps or changes Article 11 Any central publishing house specially for publishing maps Any local publishing house specially for publishing maps may publish all Article 12 Any central specialized publishing house which possesses Any local specialized publishing house which possesses the professional Article 13 Any specialized publishing house which is engaged in the When the department of publication administration of the province, Article 14 All teaching maps used nationwide in middle schools and No publishing house shall publish teaching maps for use in middle Article 15 Teaching maps for middle schools and primary schools Article 16 Any publishing house, newspaper office or magazine office Article 17 If a map (including illustrations and sketch maps in books, (1) maps containing national borders, maps involving two or more (2) local maps of the administrative area of a province, autonomous (3) historical maps, world maps and propaganda pictures about current Article 18 If a specialized national or local map is to be published or Article 19 The departments in charge of examination and approval Article 20 Confidential or restricted maps shall not be published, Article 21 Before the distribution of a publication including maps, the Article 22 The copyright of a map is protected by law. No organization Article 23 When a map is published, clear indication should be given of Article 24 Anyone who violates this Regulations by drawing up a map Article 25 Anyone who violates these Regulations in any one of the (1) in cases where the duplicate sample of a map has not been submitted (2) in cases where the duplicate sample of a specialized map has not (3) in cases where a map is published where the national borders or the (4) in cases where the representation of contents of the map do not In cases where any offences listed in items (3) or (4) of the preceding Article 26 Anyone who violates these Regulations by engaging in the Article 27 Any violations of map copyright shall be dealt with in Article 28 If these Regulations are violated and a map is released to Article 29 Where the administrative personnel for map drawing or Article 30 These Regulations shall be in force as of October 1, 1995.
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be carried out according to the regulations of the State Council and the
Central Military Commission.
Chapter II Management of Map Drawing
surveying and mapping qualification in accordance with the Survey and Mapping
Law of the People's Republic of China.
up the map immediately, must hold the relevant surveying and mapping
qualification according to the Survey and Mapping Law of the People's Republic
of China.
Republic of China, the historical Chinese borders or the borders of each
country in the world, the following regulations shall be complied with:
in accordance with any border treaties, agreements, protocols and appended
maps which have been signed by the People's Republic of China and the
neighboring countries concerned; in cases where the People's Republic of China
has still not signed a border treaty with the neighbouring country concerned,
the national borders shall be drawn according to the national borders on
standard specimen maps of the People's Republic of China;
founding of the People's Republic of China shall be drawn according to the
historical borders on standard specimen maps; before 1840, Chinese borders
shall be drawn based on relevant historical data and according to the actual
historical borders; and
the standard specimen maps of the borders between the countries of the world;
historical borders of each country in the world shall be drawn based on
relevant historical data and according to the actual historical borders.
Republic of China, historical Chinese borders and the borders between the
countries of the world shall be promulgated by the Ministry of Foreign Affairs
and the administrative department responsible for surveying and mapping under
the State Council, and submitted to the State Council for approval for issue.
area of a province, autonomous region or municipality directly under the
Central Government of the People's Republic of China, the following
regulations shall be complied with:
people's governments of neighboring provinces, autonomous regions or
municipalities directly under the Central Government have come to an
agreement ascertaining the boundaries, then they shall be drawn in accordance
with the relevant documents or in accordance with the boundaries as determined
by the agreement;
regions or municipalities directly under the Central Government have not
come to any agreement on boundaries but the boundary line as drawn on
the maps belonging to both parties is consistent and there are no disputes,
then the boundaries shall be drawn according to the boundaries on the maps
belonging to both parties; and
neighboring provinces, autonomous regions or municipalities directly under
the Central Government, and the boundaries drawn in maps belonging to both
parties are not consistent, then the boundaries shall be drawn according to
the standard specimen maps of the administrative areas of the province,
autonomous region or municipality directly under the Central Government
which have been drawn up by the administrative department responsible for
surveying and mapping under the State Council and the civil affairs
administration under the State Council and which have been submitted to the
State Council for approval for issue.
the contents of the map shall be complied with.
satisfied:
and this shall be supplemented or altered by any changes in the current
situation;
their mutual relationship shall be depicted correctly;
map shall be provided; and
Chapter III Management of Map Publication
houses for publishing maps, other publishing houses shall not publish maps.
in the scope of the maps published by an established map publishing house
shall be submitted to the department of publication administration under the
State Council for approval according to the described procedures. Before
handling the procedures for examination and approval, the department of
publication administration under the State Council shall seek the advice of
the administrative department responsible for surveying and mapping under the
State Council.
may publish all types of maps in accordance with the scope of maps published
as approved by the department of publication administration under the State
Council.
types of maps except world maps and national maps in accordance with the
scope of maps published as approved by the department of publication
administration under the State Council.
the professional and technical conditions for publishing maps may publish
specialized maps on a special topic according to the scope of maps published
as approved by the department of publication administration under the State
Council.
and technical conditions for publishing maps, may publish specialized local
maps on a special topic according to the scope of maps published as approved
by the department of publication administration under the State Council.
publication of tourism maps, transport maps or propaganda pictures about
current events shall possess the relevant professional and technical
personnel, the equipment and the technical conditions for drawing up maps, and
shall apply to the department of publication administration under the people's
government of the province, autonomous region or municipality directly under
the Central Government for permission to publish maps. If approval is given
after examination, and this is submitted to and approved by the department of
publication administration under the State Council, then this party may
publish within the approved scope of maps published.
autonomous region or municipality directly under the Central Government
examines an application for map publication under the preceding paragraph,
it shall seek the advice of the administrative department responsible for
surveying and mapping under the State Council or of the department
responsible for the management of surveying and mapping work of the people's
government of the province, autonomous region or municipality directly under
the Central Government.
primary schools shall be examined and approved by the administrative
department in charge of education under the State Council together with the
administrative department responsible for surveying and mapping under
the State Council and the Ministry of Foreign Affairs; teaching maps used
locally in middle schools and primary schools shall be examined and approved
by the administrative department in charge of education under the people's
government of the province, autonomous region or municipality directly
under the Central Government together with the administrative department
responsible for surveying and mapping under the people's government of the
province, autonomous region and municipality directly under the Central
Government.
schools and primary schools without examination and approval.
shall be published by central publishing houses specially for publishing
maps within the scope of maps published as approved by the department of
publication administration under the State Council; all other central
publishing houses which publish teaching maps for use in middle schools
and primary schools or local publishing houses which publish teaching maps
for use locally in middle schools and primary schools shall be examined
and approved by the department of publication administration under the State
Council in conjunction with the administrative department responsible for
surveying and mapping under the State Council, and they may publish within
the scope of map publications approved. However, the exception to this is
the maps included in middle and primary school textbooks.
may insert or append maps in its books, newspapers or periodicals when
necessary.
newspapers and periodicals) which contains national borders or the boundaries
of the administrative area of a province, autonomous region or municipality
directly under the Central Government, is to be published or exhibited without
being published, a duplicate specimen shall be sent for examination and
approval before publication or exhibition in accordance with the following
provisions:
administrative areas of province, autonomous region or municipality directly
under the Central Government and maps of Taiwan, Hong Kong or Macao shall be
submitted to the department responsible for surveying and mapping under the
State Council for examination and approval;
region or municipality directly under the Central Government shall be
submitted to the department responsible for the management of surveying and
mapping work of the people's government of the province, autonomous region or
municipality directly under the Central Government or to the department
responsible for surveying and mapping under the State Council for examination
and approval; and
events shall be submitted to the Ministry of Foreign Affairs and the
department responsible for surveying and mapping under the State Council for
examination and approval.
exhibited without being published, a duplicate specimen of its contents
shall be submitted to the relevant administrative department of the State
Council if it is a national map or the relevant administrative department of
the people's government of the relevant province, autonomous region or
municipality directly under the Central Government if it is a local map
for examination and approval before publication or exhibition.
according to Articles 17 and 18 of these Regulations shall notify the unit
submitting the specimen of their decision with regard to examination and
approval within 30 days of receiving the duplicate specimen; if by the
end of this period no notification has been made, it shall be deemed that
the publication or exhibition of this sample has been approved.
distributed or exhibited publicly in any form.
relevant central or local publishing house shall send a sample publication to
any relevant departments or institutions, in accordance with the relevant
national regulations, furthermore the sample should be submitted in duplicate
to the administrative department responsible for surveying and mapping under
the State Council or to the department responsible for the management of
survey and mapping work of the people's government of the province,
autonomous region and municipality directly under the Central Government for
the record.
or individual shall reproduce, distribute, adapt, translate or edit any map
without permission from the holder of the map's copyright; however, the
exception shall be in cases when there are other provisions in the copyright
laws or regulations.
the data and sources upon which any borders on the map are based; the
exception to this is sketch maps in advertisements, trade marks, propaganda
pictures or in films or TV programs.
Chapter IV Legal Responsibility
without holding the relevant qualifications in surveying and mapping and
without authorization shall be ordered to cease these activities, any
unlawful gains shall be confiscated and a fine of not exceeding the amount
of the illegal gains may be imposed by the administrative department
responsible for surveying and mapping under the State Council or any
department authorized by it, or by the department responsible for the
management of survey and mapping work of the people's government of the
province, autonomous region or municipality directly under the Central
Government or any department authorized by it.
following manners shall be ordered to cease distribution, sale or exhibition
by the administrative department responsible for surveying and mapping under
the State Council or the department responsible for the management of survey
and mapping work of the people's government of the province, autonomous
region or municipality directly under the Central Government, and a fine of
between 300 and 10000 yuan shall be imposed on the publishing house
concerned; in serious cases, the department of publication administration
shall revoke the qualification allowing the publishing house to publish maps:
for examination and approval in accordance with the regulations to the
administrative department responsible for surveying and mapping under the
State Council or the department responsible for the management of surveying
and mapping work of the people's government of the province, autonomous
region or municipality directly under the Central Government before the
printing or exhibition of the map;
been submitted for examination and approval in accordance with the regulations
to the relevant administrative authorities before the printing or exhibition
of the map;
administrative boundaries of a province, autonomous region and municipality
directly under the Central Government do not conform to the relevant national
regulations; or
conform to the relevant national regulations causing a grave error.
paragraph are committed, all maps as well as all unlawful gains shall be
confiscated.
publication of maps without obtaining approval and without authorization or
beyond the scope approved shall be ordered by the department of publication
administration to cease these illegal activities, all maps published and
unlawful gains shall be confiscated and a fine may be imposed of between 5
and 15 times the sum of the unlawful gains.
accordance with the copyright laws and regulations.
the public which leaks national secrets or endangers national sovereignty,
security or interests, the person in charge directly responsible or any other
responsible persons shall be given disciplinary punishments in accordance
with the law; if this constitutes a crime, criminal responsibility shall be
investigated in accordance with the law.
publishing practice fraud, neglect their duties or commit a malpractice in
pursuing their own interests, if this constitutes a crime, then criminal
responsibility shall be investigated according to the law; if this does not
constitute a crime, then disciplinary punishments shall be imposed according
to the law.
Chapter V Supplementary Provisions
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