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Provisions of Shanghai Municipality on the Administration of Map Compilation and Publication
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| (Promulgated on Decree No.71 of the Shanghai Municipal People' s Government on October 25th, 1999) Article 1 Purpose and Basis These Provisions are enacted with a view to strengthening the administration of map compilation and publication and the relevant activities in this Municipality in accordance with the Regulations of the People' s Republic of China on the Administration of Map Compilation and Publication and other relevant laws and regulations, and in the light of the actual circumstances in this Municipality. Article 2 Definition Maps referred to in these Provisions include paper maps, electronic maps, and ordinary and special maps in other forms. Article 3 Scope of Application These Provisions are applicable to the map compilation and publication, and other relevant administrative activities within the administrative areas of this Municipality. Article 4 Duties of the Administrative Departments and Offices Shanghai Administrative Office of Survey and Drawing (hereinafter referred to as the Administrative Office) is responsible for the administration of map compilation and is under the leadership of the Shanghai Municipal Bureau of Urban Planning Administration in vocational work. The municipal administrative department of publication is responsible for map publication jointly with the Administrative Office. The municipal administrative departments of security and of industry and commerce help to implement these Provisions in accordance with their respective duties. Article 5 Names of Maps Names of maps shall agree with the content of maps. The names shall not incorporate such modifiers as "new" and "the latest" . Article 6 Drawing of Boundary Lines The boundary lines of the administrative areas of this Municipality shall be drawn in accordance with the boundary lines on the sample map of the administrative areas of Shanghai Municipality. Article 7 Content of Map Ordinary and special maps shall be drawn to meet the following requirements: 1. Using the latest data as the basis for compilation of maps, and making additions or revisions in accordance with the current changes; 2. Giving the closing dates for the data used in maps; 3. Possessing the required basic geographical elements; 4. Reflecting correctly the locations, shapes, names and interrelations of these geographic elements; 5. Possessing the relevant data and professional content which meet the purposes of using maps; 6. Making the architect' s scales accord with the national standards; and 7. Conforming to other requirements as stipulated by laws, regulations and provisions. Article 8 Contents of Results from Survey and Drawing and Basic Geographic Elements The Administrative Office shall regularly compile and publish contents of results from survey and drawing of this Municipality. The Administrative Office is responsible for fixing, adjusting and publishing the periods of utilization of results from survey and drawing as map data of this Municipality, and the basic geographic elements for ordinary and special maps within the administrative areas of this Municipality. Article 9 Map Advertisements and Advertisement Naming Ordinary maps shall not carry advertisements or advertisement naming. Those who want to publish advertisements or advertisement naming in special maps shall be considerably qualified for publishing advertisements, and shall register for advertisement publication with the administrative departments of industry and commerce. The published special maps which carry advertisements shall not include advertisements in the map bodies; and the published special maps which carry advertisement naming shall not have geographic elements covered by advertisement naming. Article 10 Scope of Examination and Approval The Administrative Office is responsible for examining and approving the specimens of the following maps (including illustrations in books or magazines and sketch maps): 1. Local maps of this Municipality which are drawn with the boundary lines of the administrative areas of this Municipality (hereinafter referred to as local maps of this Municipality); 2. Local maps of this Municipality issued by units in this Municipality, which have not yet been examined and approved; 3. Local maps of this Municipality to be used in advertisements or billboards, or displayed in public places which have not yet been examined and approved; and 4. Maps sent to this Municipality for examination and approval by the competent administrative departments of survey and drawing of the State Council or by the administrative departments of survey and drawing of other provinces, autonomous regions, and municipalities directly under the Central Government. Relevant procedures shall be conducted in accordance with the regulations on the administration of publications before maps as stipulated in the preceding paragraph are sent for examination and approval to the Administrative Office. Examination and approval of local maps for the purpose of instruction at primary and secondary schools shall be organized by the municipal administrative department of education jointly with the Administrative Office. Article 11 Sender of Specimen Maps and Time for Sending them for Examination and Approval 1. Maps as stipulated in Item 1, Section 1 of Article 10 shall be sent for examination and approval by the publishing unit before being printed; 2. Maps as stipulated in Item 2, Section 1 of Article 10 shall be sent for examination and approval by the issuing unit before being issued; or 3. Maps as stipulated in Item 3, Section 1 of Article 10 shall be sent for examination and approval by the user or displayer before being used or displayed. Article 12 Documents Needed for Sending for Examination and Approval Sending of maps as stipulated in Item 1, Section 1 of Article 10, or sending of maps for examination and approval to the competent administrative departments of survey and drawing of the State Council, or to the administrative departments of survey and drawing of other provinces, autonomous regions and municipalities directly under the Central Government, shall be accompanied by: 1. an application form for examination and approval; 2. two copies of specimen map or sample; 3. a written explanation of the map data whose content and form are compiled in accordance with the regulations of the Administrative Office; and 4. qualification documents of survey and drawing, and of publication. Sending of maps as stipulated in Item 2 and 3, Section 1 of Article 10 shall be accompanied by providing of documents as stipulated in Item 1, 2 and 3, Section 1 of this Article. The documents to be sent shall be truthful and clear. Article 13 Periods for Accepting for Examination and Approval The Administrative Office shall make the decision whether or not to accept the application for examination and approval of the maps as stipulated in Item 1, 2 and 3, Section 1 of Article 10 within five days of receiving all the necessary documents sent for examination and approval, and shall give a written explanation specifying the reasons if a decision is made not to accept the application. Article 14 Periods of Examination and Approval Periods of examination and approval of specimen maps by the Administrative Office are stipulated in accordance with the following provisions: 1. Periods of examination and approval of maps as stipulated in Item 1, 2 and 3, Section 1 of Article 10 are 25 days after accepting the application; or 2. Maps that shall be sent for examination and approval to the competent administrative departments of survey and drawing of the State Council, or for joint examination and approval to the administrative departments of survey and drawing of other provinces, autonomous regions and municipalities directly under the Central Government shall be sent or transferred within 5 days after accepting the application. If there are atlases and electronic maps to be examined and approved, or there are an excessive number of applications for maps to be examined and approved, the Administrative Office shall accept and handle the applications by lots, or extend the period of examination and approval if the Office accepts and handles them in one lot, but the period of extension shall not exceed 30 days. Article 15 Revisions after Examination and Approval The Administrative Office shall put forward specific requirements for revision if the specimen maps need to be revised after examination and approval. The sending unit shall make revisions as required by the Administrative Office. The period of re-examination is 15 days after the Administrative Office receives the revised specimen map. Article 16 Result of Examination and Approval The Administrative Office shall give an instrument and a number of examination and approval, and notify the sending unit, if the specimen map has been approved after examination; the Administrative Office shall give a written explanation specifying the reasons if the specimen map is not approved after examination. Article 17 Period of Validity of the Number of Examination and Approval The period of validity of the number of examination and approval of maps as stipulated in Item 1, Section 1 of Article 10 is 2 years; the period of validity of the number of examination and approval of maps as stipulated in Item 2 and 3, Section 1 of Article 10 is limited to one issue, one use and one display. Article 18 Putting Official Specimen Maps on File The sending unit shall send two copies of official specimen maps or samples of the maps as stipulated in Item 1, Section 1 of Article 10 to the Administrative Office to be put on file. Article 19 Reprinting and Re-publishing Examination and approval for reprinting and re-publishing the maps as stipulated in Item 1, Section 1 of Article 10 shall be conducted in accordance with the following provisions: 1. Two copies of the specimen map shall be sent to the Administrative Office to be put on file before printing if the number of examination and approval remains valid and no changes have been made as to the boundary lines; or 2. If the period of validity of the number of examination and approval has already passed or changes have been made as to the boundary lines, the map shall be sent for examination and approval again in accordance with these Provisions. Article 20 Penalties for Illegal Acts For any of the following violations against these Provisions, the Administrative Office shall order the stopping of printing, issuing, using or displaying the map concerned, and a fine of between RMB 300 to 10,000 yuan inclusive shall be imposed: 1. Failure to send the specimen map for examination and approval in accordance with Article 11 and 2 of Article 19; or 2. Failure for the drawing of boundary lines or the content of the map to agree with the national regulations and thus causing serious mistakes. If a violation as stipulated in Item 2 of the preceding Section is committed, all the maps and illegal gains shall be confiscated. For any of the following violations against these Provisions, the Administrative Office shall order the providing of the correct documents and the re-application for examination and approval, or order the sending of the specimen map to be put on file, and a fine of between RMB 300 to 5,000 yuan inclusive shall be imposed: 1. Purposeful sending false documents for examination and approval; or 2. Failure to send the specimen map to be put on file in accordance with Article 18 and 1 of Article 19 of these Provisions. If a violation as stipulated in 1 of the preceding Section is committed with serious consequences, a fine of between RMB 5,000 to 10,000 yuan inclusive shall be imposed. Any violations against regulations concerning the administration of publishing or advertising, or against other regulations, shall be handled by the relevant administrative departments in accordance the laws. Article 21 Penalty Procedures The Administrative Office shall give a written decision of administrative penalty when imposing an administrative penalty. A unified fine and confiscation receipt printed by the municipal finance department shall be given when imposing a fine or confiscation. The fine or confiscation shall be turned over to the state treasury in accordance with the relevant regulations. Article 22 Reconsideration and Litigation If the penalized party refuses to accept the administrative decision of the Administrative Office, the said party may apply for administrative reconsideration, or bring an administrative action in a court. If the said party does not apply for administrative reconsideration, nor bring an action, nor implement the specific administrative decision, the Administrative Office may apply to the People' s Court for enforcement in accordance with the Administrative Litigation Law of the People' s Republic of China, or have the decision enforced in accordance with the laws. Article 23 Penalties for Obstructing the Performance of Duty Anyone who has refused and obstructed the performance of duty by the administrative personnel in violation of the Regulations of the People' s Republic of China on the Public Security Administration and Imposition of Punishment shall be punished by the public security departments according to law; anyone whose act is so serious as to constitute a crime shall be prosecuted for criminal liability. Article 24 Investigation of Law-enforcers' Illegal Acts The staff of the Administrative Office shall abide by the laws and enforce the laws impartially. Those who have neglected their duties, abuse their power, practice favoritism and irregularities, demand or take bribes, or pervert the laws in performing their duties, shall be prosecuted for criminal liability if their act constitutes a crime, or shall be given an administrative punishment if their act does not constitute a crime. Article 25 Interpretation of Application The specific application of these Provisions shall be interpreted by the Administrative Office. Article 26 Date of Implementation These Provisions shall become effective on January 1, 2000. |
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