Laws of the People's Republic of China

CHAPTER I GENERAL PROVISIONS

CHAPTER II SURVEYING AND MAPPING DATUMS AND SYSTEMS

CHAPTER III SURVEYING AND MAPPING PLANS AND THEIR IMPLEMENTATION CHAPTER IV BOUNDARY SURVEYING AND MAPPING

CHAPTER V MANAGEMENT OF SURVEYING AND MAPPING RESULTS

CHAPTER VI PROTECTION OF SURVEYING MARKERS

CHAPTER VII LEGAL RESPONSIBILITY

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 1 This Law is formulated to ensure the smooth development of the undertaking of surveying and mapping and promote the service thereof to the national economic construction, the building up of the national defence, and scientific research.

   Article 2 All surveying 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 must comply with this Law.

   Article 3 The competent department of surveying and mapping administration under the State Council shall be in charge of the surveying and mapping work throughout the country. Other relevant departments under the State Council shall be responsible for the management of surveying and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the State Council.

The department of surveying and mapping administration of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall be in charge of the surveying and mapping work within its administrative region. Other relevant departments of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall be responsible for the management of surveying and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the people's government at the corresponding level.

The competent department of surveying and mapping in the armed forces shall be responsible for the management of surveying 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 surveying and charting work.

   Article 4 The surveying and mapping datums and standards prescribed by the State shall be employed in surveying and mapping.

   Article 5 The State shall encourage the enhancement of scientific and technological research in surveying and mapping, the adoption of advanced technology and equipment, and the upgrading of the scientific and technological level in surveying and mapping.

Units and individuals that have made outstanding achievements in surveying and mapping work and related scientific and technological research shall be awarded.

   Article 6 Every unit and individual shall help facilitate surveying and mapping and must not impede or obstruct surveying and mapping personnel from carrying out surveying and mapping activities in accordance with relevant regulations.

CHAPTER II SURVEYING AND MAPPING DATUMS AND SYSTEMS

   Article 7 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 competent department of surveying and mapping administration under the State Council and, after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, shall be submitted to the State Council for approval and publication.

   Article 8 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 rules shall be formulated by the competent department of surveying and mapping administration under the State Council after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, and submitted to the State Council for approval and publication.

   Article 9 Relatively independent plane coordinate systems may be established in local areas on account of the needs of construction, urban planning and scientific research.

The establishment of relatively independent plane coordinate systems in large or medium-sized cities, and for large construction projects, shall, in line with relevant regulations and subject to the approval by relevant departments under the State Council or by the people's governments of relevant provinces, autonomous regions or municipalities directly under the Central Government, be submitted to the competent department of surveying and mapping administration under the State Council for the record, and such systems shall be connected with the national coordinate system.

CHAPTER III SURVEYING AND MAPPING PLANS AND THEIR IMPLEMENTATION

   Article 10 The competent department of surveying and mapping administration under the State Council shall, in conjunction with other relevant departments under the State Council or the competent department of surveying and mapping in the armed forces respectively as the circumstances may require, draw up plans for the national basic surveying and mapping and other major surveying and mapping projects, and take charge of their implementation according to the division of responsibilities.

Other relevant departments under the State Council shall work out specialized surveying and mapping plans for their respective departments, and take charge of their implementation after submitting them to the competent department of surveying and mapping administration under the State Council for the record.

The department of surveying and mapping administration of the people's government of a province, an autonomous region or a municipality directly under the Central Government may, if necessary, work out plans for basic surveying and mapping in local areas and for other major surveying and mapping projects within its demonstrative region, and take charge of their implementation after submitting them to the competent department of surveying and mapping administration under the State Council for the record.

The competent department of surveying and mapping in the armed forces shall work out plans for military surveying 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 basic marine surveying and charting, and shall take charge of their implementation.

   Article 11 The competent department of surveying and mapping administration under the State Council shall, in conjunction with the department of land administration under the State Council and other relevant departments under the State Council, draw up cadastral surveying and mapping plans; the competent department of surveying and mapping administration under the State Council shall in accordance with these plans organize and coordinate cadastral surveying and mapping work.

   Article 12 A unit undertaking surveying and mapping missions must possess the technical personnel, equipment and facilities compatible with the surveying and mapping work they are engaged in; it shall not undertake any surveying and mapping missions until its qualification of surveying and mapping has been verified by the competent department of surveying and mapping administration under the State Council or the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

With respect to units, under the jurisdiction of other relevant departments under the State Council, undertaking surveying and mapping missions within the specialized scope of their respective departments, their qualification of surveying and mapping shall be verified by their respective departments.

The competent department of surveying and mapping in the armed forces shall be responsible for the verification of the qualification of surveying and mapping of military surveying and mapping units.

   Article 13 A unit undertaking surveying and mapping missions shall, before performing any surveying and mapping, register in accordance with regulations such missions with the department of surveying and mapping administration of the people's government of the province, autonomous region or municipality directly under the Central Government where the surveying and mapping project is located, or with the department authorized by the State Council.

The scope of a surveying and mapping missions that need to be registered shall be defined by the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council. In the case of a surveying and mapping mission included in the national basic surveying and mapping plans or in specialized surveying and mapping plans, the department that worked out the surveying and mapping plans shall, before performing any surveying and mapping, notify the department of surveying and mapping administration of the people's government of the province, autonomous region or municipality directly under the Central Government where the surveying and mapping project is located or the department authorized by the State Council, of the arrangements for the mission; no further registration for such a mission is required.

Registration for military surveying and mapping missions shall be governed by the relevant regulations of the Central Military Commission.

   Article 14 Surveying and mapping personnel shall, in conducting surveying and mapping work, hold surveying and mapping work certificates.

CHAPTER IV BOUNDARY SURVEYING AND MAPPING

   Article 15 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 and mapping administration under the State Council and submitted to the State Council for approval and publication.

   Article 16 Surveying and mapping of the administrative boundaries between provinces, autonomous regions, municipalities directly under the Central Government, and between autonomous prefectures, counties, autonomous counties and cities shall be conducted in accordance with the measures drawn up by the State Council.

   Article 17 Surveying 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 relevant registration data and attached maps provided by such governments.

CHAPTER V MANAGEMENT OF SURVEYING AND MAPPING RESULTS

   Article 18 Basic surveying and mapping results and specialized surveying and mapping results completed by other relevant departments under the State Council or by the relevant departments of the local people's governments at or above the county level must, in accordance with regulations, be summarized and submitted in the form of catalogues respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government; data and graphs of astronomical surveys, geodetic surveys, satellite geodetic surveys and gravimetric surveys completed by other relevant departments under the State Council or other relevant departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, as well as maps officially printed by them, must, in accordance with regulations, be summarized and submitted, in the form of duplicate copies, respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.

The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall regularly compile catalogues of the surveying and mapping results and supply them to relevant users.

   Article 19 Surveying and mapping to be conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China by a foreign organization or individual alone or in cooperation with the relevant department or unit of the People's Republic of China shall be subject to the approval by the Government of the People's Republic of China or by the department authorized by it.

A foreign organization or individual that with due approval conducts surveying 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 either alone or in cooperation with the relevant department or unit of the People's Republic of China, must comply with relevant laws and administrative rules and regulations of the People's Republic of China and must submit two duplicates copies of the complete surveying and mapping results to the competent department of surveying and mapping administration under the State Council.

   Article 20 Where the surveying and mapping results need to be kept confidential, the determination or alteration of the category of secrecy, the declassification of the secrets as well as the use of such results shall be governed by the Law on Guarding State Secrets.

In the event that classified surveying and mapping results are to be supplied 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 21 Charges shall be paid for the use of surveying and mapping results; specific measures therefore shall be drawn up by the State Council.

The surveying and mapping results that come under the category of intellectual property shall be governed by provisions of relevant laws.

   Article 22 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 competent department of surveying and mapping administration under the State Council then, after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, be submitted to the State Council for approval, and then published by the State Council or by the department authorized by it.

   Article 23 The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall exercise supervision over the quality of basic surveying and mapping results.

A surveying and mapping unit shall establish and improve the system of quality control over its surveying and mapping results.

CHAPTER VI PROTECTION OF SURVEYING MARKERS

   Article 24 Every unit and individual shall have the duty to protect permanent above-ground and underground surveying markers as well as temporary surveying markers still in use; any unit or individual may not damage, destroy, or without authorization remove surveying markers, nor seize or occupy the land used for permanent surveying markers.

Within the security control area of a permanent surveying marker, no mining, earth-gathering, sand-excavating, quarrying, demolition, shooting and other activities which endanger the safety and effective utilization of the surveying markers shall be allowed.

Permanent surveying markers as referred to in paragraph 1 of this Article include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points and leveling points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at seabed geodetic points.

   Article 25 A unit that establishes permanent surveying markers shall set up distinct signs for such markers.

A unit that establishes permanent surveying markers shall entrust an appropriate local unit with the designation of personnel for taking care of such surveying markers.

   Article 26 A construction unit shall, in carrying out engineering construction, seek to get around permanent surveying markers; if it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the construction unit shall acquire consent from the unit that has established the permanent surveying markers, and, obtain approval from the competent department of surveying and mapping administration under the State Council or from the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The construction unit shall bear the expenses for the removal and reestablishment of such markers.

   Article 27 Surveying and mapping personnel, when employing permanent surveying markers, must hold surveying and mapping work certificates and ensure that the surveying and mapping markers remain in good condition. The unit or individual responsible for taking care of the surveying and mapping markers shall inspect and examine if they are intact after employment.

   Article 28 Those who, in violation of the provisions of this Law, have illegally engaged in surveying and mapping for commercial purposes without having their qualification of surveying and mapping verified shall be ordered to suspend their surveying and mapping activities, have their illegal incomes confiscated, and may additionally be imposed a fine thereon ranging from 50% to 100% of their illegal gains, by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

   Article 29 Units that, in violation of the provisions of this Law, fail to have their surveying and mapping missions registered according to regulations prior to performing any surveying and mapping shall be ordered to suspend their surveying and mapping by the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council.

   Article 30 A surveying and mapping unit shall be liable for compensation for any losses caused to a user or users by its substandard surveying and mapping results.

A surveying and mapping unit whose substandard surveying and mapping results have many times caused losses to a user or users shall have its qualification of surveying and mapping divested by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

   Article 31 A party refusing to accept a decision on administrative sanctions may, within 15 days from receiving the notification of such a decision, apply for reconsideration to the authorities next higher to the authorities that have made the sanction decision; if the party refuses to accept the reconsideration decision, it may, within 15 days from receiving the reconsideration decision, bring a suit before a people's court. A party may also bring a suit directly before a people's court within 15 days from receiving the notification of the sanctions. If, upon the expiration of the time limit, the party has not applied for reconsideration, nor brought a suit before a people's court, nor complied with the sanction decision, the authorities that have made the sanction decision may apply to the people's court for compulsory execution.

   Article 32 Those who obstruct surveying and mapping personnel from carrying out surveying and mapping according to law, who damage, destroy, or remove without authorization permanent surveying markers, or who engage in other activities that endanger the safety and effective utilization of permanent surveying markers, shall be punished in accordance with the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.

Those who intentionally sabotage permanent surveying markers shall be investigated for criminal responsibilities in accordance with the provisions of Article 175 of the Criminal Law of the People's Republic of China.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 33 Measures for the management of military surveying and mapping shall be drawn up by the Central Military Commission in accordance with this Law.

   Article 34 This Law shall go into effect as of July 1, 1993.