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Measures of Jilin Province on Administration of Map Drawing-up and Publication

(Promulgated by Order No.138 of the Jilin Provincial People' s Government on April 22, 2002)

Chapter ¢ńGeneral Provisions

Article 1. These Measures are formulated for the purposes of strengthening the administration of map drawing-up and publication, ensuring the quality of map drawing-up and publication, in accordance with the Regulations of the People' s Republic of China on Administration of Map Drawing-up and Publication and the Regulations of Jilin Province on Administration on Mapping and other provisions of related laws and regulations and in light of the actual circumstances in this province.

Article 2. All the units and individuals, that draw up, publish and print various local maps in the administrative divisions of this province, must abide by these Measures.

The drawing-up administration on nationwide maps and military maps shall be implemented according to the stipulations of related laws and regulations.

Article 3. The maps referred to in these Measures mean ordinary maps, the maps of special subjects and security maps, restricted maps and the non-published maps displayed publicly. They include paper maps, electronic maps, stereoscopic maps and the basic geographical information used in various geographical information systems and all kinds of sketch maps.

Article 4. The provincial administrative competent department of mapping shall be responsible for the work of drawing-up and administration on maps in the whole province. The municipal (prefectural), county (city) administrative competent departments of mapping shall be responsible for the work of supervisory and administration on map drawing-up in their respective administrative divisions.

The provincial administrative competent department of press, together with the provincial administrative competent department of mapping, shall be responsible for the work of administration on map publication in the whole province.

Other related departments of the provincial people' s government shall be responsible for the work of examination and ratification on the professional contents of the maps of special subjects within their respective departments according to the responsibility divisions stipulated by the provincial government.

Article 5. The drawing-up and publication of maps must abide by the related security regulations of laws, regulations and rules.

Chapter ¢ņ Administration on Map Drawing-Up

Article 6. The units undertaking the drawing-up and printing of maps must acquire the corresponding Qualification Certificate for Mapping.

Article 7. Before drawing-up maps, the units having the Qualification Certificate for Mapping must go to the administrative competent departments of mapping, where the places representing the contents of maps locate, to make an item registration, only after then can they carry out the work of map drawing-up. The following materials must be submitted in the registration of map drawing-up:

(1) The plan of technical design for map drawing-up;

(2) The certificate that the owners of adopted base-map materials and base-map copyright permit to make use of them; and

(3) As for the maps concerning advertisements, the documents of ratification certificates, verified and issued by the administration departments of industry and commerce, must be submitted.

Article 8. The up to date materials should be adopted as the basis in map drawing-up to ensure the characters of present situation, veracity and science, accurately reflect the geographical position, form, name, and mutual relations of every element; the basis of drawing the national boundaries of a country on maps should be given an clear indication. The mathematical basis, comprehensive principal and symbol system of maps, the statistics of related data and the statement on the contents of special subject should conform to the related regulations of the state and the purpose of usage.

Article 9. The state secrets or internal items shall be forbidden to indicate in drawing and publishing public maps.

Article 10. The names of maps should be consistent with the contents the maps express. The names of maps may not be preceded by the modifiers such as "new" and "up to date" .

Article 11. The placenames on maps (except historical maps) should be marked according to the standard placenames confirmed by the people' s governments or at the county level and upwards.

Article 12. As for those printing advertisements on special maps published in public and using them as a carrier, the advertisement space shall be forbidden to exceed one-fourth of the space of a whole map. The maps printed with advertisements must carry clearly the number on the ratification certificate of advertisement within the period of validity.

Ordinary maps, security maps and restricted maps shall not be allowed to print advertisements on them.

Article 13. It shall be forbidden to collect fees from the units for marking their names on maps.

Chapter ¢ó Administration on Maps publication

Article 14. Ordinary maps should be published by the special map publishing houses; special-subject maps may be published by the special map publishing houses, they also may be published by the professional publishing houses within the corresponding publishing scopes authorized by the administrative department of publishing affairs of the State Council.

Article 15. No publishing houses shall be allowed to publish any kinds of public maps which haven't been examined, verified and authorized according to law.

Security maps and restricted shall be forbidden to publish, issue and display in public in any form.

Article 16. All kinds of sketch maps, which are hung in public places such as railway stations, airports, seaports, squares, exhibitions, department stores and hotels and those with the provincial boundaries and national boundaries, which are exhibited by the mass media such as the newspapers, periodicals and TVs of our province, only after the devising units send the sample maps to the provincial administrative competent department of mapping for examination and verification in advance, may these maps be drawn-up, hang and exhibited.

Large scale map production, such as stereoscopic maps and map models, which are not convenient to be sent to the departments of examination and verification, may also be reported in an application letter, the departments of examination and verification shall send the personnel to examine and verify.

Article 17.Before the publication or exhibition of special-subject maps, the professional contents of their trial-produced sample maps should be reported to the administrative competent departments that are responsible for the administration on these special-subject maps for examination and verification.

Article 18. Before the printing of security maps and restricted maps and before the publication or exhibition of ordinary maps and special-subject maps, they should be reported to the provincial administrative competent department of mapping for examination and verification. The following materials must be submitted when transacting the procedures of examination and verification:

(1) The application for examination and verification. In the application for examination and verification, the names, usage, scales, derivations of base maps, classified degree and printing quantity of maps should be given a clear indication;

(2) The registration form of the tasks of map drawing-up;

(3) One copy of geographical base maps used in map drawing-up (when concerning other persons' copyrights, a written explanation that the authors agree to utilize their copyrights shall be provided), the trial-produced sample maps shall be in duplicate;

(4) As for electronic maps, besides reporting and submitting soft disks or disks, the related sample paper maps shall also be reported and submitted;

(5) As for the maps concerning the contents of advertisement, the number of ratification on advertisement within period of certificate validity should be provided;

(6) To submit the special-subject maps for examination, the documents of examination and verification issued by the related administrative competent department for special contents should be transmitted;

(7) As for the maps published in public, the ratification documents on the map publishing scopes of these publishing units, which are issued by the administrative department of publication of the State Council, should be submitted;

(8) To submit the education maps for examination, the written documents on teaching materials of education maps. Which are approved by the competent administrative department of education, should be submitted for examination; and

(9) Other materials stipulated by the state and this province.

Article 19. According to the regulations of said Article 17 and Article 18, the departments responsible for the examination and verification should inform the submitting units the decision on examination and verification within 30 days since the date of receiving the trial-produced sample maps. As for those failing to pass the examination and verification, a notice shall be delivered to the submitting units in a written form and the reasons shall be stated. As for those failing to inform the submitting units within the prescribed time limit, it shall be regarded as an agreement on publication and exhibition.

Article 20. The provincial administrative competent department of mapping should edit and release the corresponding numbers of going over the maps that have been examined, verified and agreed to publish or print. The submitting units should clearly indicate the numbers in an appropriate position on the space of the whole maps.

The period of validity of the numbers of map examination shall be two years. If the maps are printed within 2 years, they may be permitted not to be submitted for examination if the contents of the original space of the whole maps haven't been changed; if the contents must be changed, they must be sent to the provincial administrative competent department of mapping for examination and verification, the numbers of map examination should be edited and released again.

Article 21. Before the maps are issued, the submitting units should submit the map production in duplicate to the departments of examination and verification for record.

Article 22. No units shall be allowed to undertake the print of the maps which haven't been examined and ratified. The printing units without security conditions shall not be allowed to undertake the print of security maps and restricted maps.

Chapter ¢ō Legal Liabilities

Article 23. As for those, in violation of the provisions of these Measures, failing to acquire the corresponding qualifications of mapping but draw-up ordinary maps and special-subject maps without authorization, they shall be ordered to stop the drawing up activities by the administrative competent department of mapping, the illegal incomes shall be confiscated, and a fine of 50% to 100% of the illegal incomes shall be imposed according to circumstances.

Article 24. As for those, in violation of the provisions of these Measures, committing any of the following behaviors, they shall be ordered to stop issue, sale and exhibition by the administrative competent departments of mapping; as for those related publishing units, the following fines shall be also imposed; where the circumstances are serious, the publishing qualifications for related maps shall be cancelled by the administrative departments of publication affairs:

(1) Before print or exhibition of ordinary maps and special-subject maps, their trial-produced sample maps haven' t been reported to the provincial administrative competent department of mapping for examination and verification according to stipulations, if the circumstances are slight, a fine of RMB£¤1000 to 5000 shall be imposed; if the circumstances are serious, a fine of RMB£¤ 5000 to 10000 shall be imposed;

(2) Before the print or exhibition of special-subject maps, their trial-produced sample maps haven't been reported to the related administrative competent department for examination and verification according to stipulations, they shall be imposed a fine of RMB£¤ 500 to 3000;

(3) Where the drawings of national boundaries or the borders of provincial administrative divisions on ordinary maps and on special-subject maps do not conform to the related regulations of the state but have been published, a fine of RMB£¤ 5000 to 10000 shall be imposed; and

(4) Where the expressions of the contents of ordinary maps and special-subject maps do not conform to the related regulations of the state and lead to serious mistakes, a fine of RMB£¤ 5000 to 10000 shall be imposed.

As for those who commit any of the behaviors listed in said item 3 and item 4, all the maps and the illegal incomes should also be confiscated.

Article 25. As for those, in violation of the provisions of these Measures, undertaking the activities of publishing ordinary maps and special-subject maps without authorization, or exceeding the authorized publication scopes of maps to publish maps, they shall be ordered to stop the illegal activities by the competent administrative department of press, all the illegal map publications and the illegal incomes shall be confiscated. Where the circumstances are slight, a fine of 5 to 10 times the illegal incomes shall be imposed. Where the circumstances are serious, a fine of 10 to 15 times the illegal incomes shall be imposed.

Article 26. As for those in violation of the provisions of these Measures, making use of maps to undertake the activities of advertising business, they shall be investigated and dealt with by the administrative departments of industry and commerce.

Article 27. As for the litigants refusing to accept the decision on an administrative penalty, they may apply for an administrative reconsideration or file an administrative law suit according to law.

Aticle 28. The administrative working staffs of map drawing-up and publication, who resort to deception, neglect their duties or indulge in malpractice, shall be given corresponding administrative sanctions according to the seriousness of the circumstances; where a crime is constituted, the criminal liability shall be investigated for according to law.

Chapter ¢õSupplemental Provision

Article 29. These Measures shall be implemented as of May 1,2002. Certain Provisions of Administration of Jilin Provincial People' s Government on Map Drawing-up and Publication promulgated by the provincial people' s government on February 25,1989 shall be repealed at the same time.