Môi giới chuyên nghiệp
Đăng xuất
|
NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
|
Law No.27/2018/QH14 |
Hanoi, June 14, 2018 |
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Topographic and Cartographic.
This Law provides for fundamental and specialized topographic and cartographic activities, quality of topographic and cartographic products, topographic infrastructure works, topographic and cartographic information, data and products, national geographical space data infrastructure, conditions for providing topographic and cartographic services, rights and obligations of organizations and individuals engaged in topographic and cartographic activities and state management in topography and cartography.
This Law applies to agencies, organizations and individuals engaged in topographic and cartographic activities, use of topographic and cartographic information, data and products or other activities relating to topography and cartography within the territory of the Socialist Republic of Vietnam.
For the purpose of this Law, the terms below shall be construed as follows:
1. “geographical subject” means any object or phenomenon in the real world or description of any object or phenomenon that does not exist in the real world defined at a geographical location on the earth surface, under the ground, in the water, at the bottom water or in the space.
2. “topography” means receiving and processing information and data to determine location, shape, size and attribute information of geographical subjects.
3. “cartography” means a general model showing geographical subjects on a fixed scale under certain mathematic rules through a system of signs based upon the results of processing information and data collected from the survey.
4. “topographic and cartographic activities” means surveying geographical subjects, constructing and operating topographic infrastructure works and geographical database, mapping and creating other topographic and cartographic products. Topographic and cartographic activities include fundamental and specialized topographic and cartographic activities.
5. “topographic marker” means a fixed marker established on the earth surface in consistent with technical restrictions presenting the topographic point. “world coordinate system” means a mathematical coordinate system in the space and on the plane developed in a specified time and used popularly over the world to present the topographic and cartographic results.
8. “national elevation system” means an elevation system developed in a specified time and used uniformly nationwide to determine the elevation of geographical subjects.
9. “national gravity system” means a gravity system developed in a specified time and used uniformly nationwide to determine the gravity of Earth within territory of the Socialist Republic of Vietnam.
10. “national satellite positioning station” means a fixed station located on the ground used to receive satellite positioning signals, process and transmit information serving topographic and cartographic activities.
11. “protective corridor of topographic infrastructure works” means necessary space or area on earth surface, under the ground, on water surface or under the water ensuring that topographic infrastructure works operate in compliance with technical standards and regulations.
12. “topographic map” means a map showing topographic relief and place names that is drawn under coordinate and elevation systems on a specified scale.
13. “national topographical map system” means a collection of topographic maps of mainland, islands, archipelagoes and topographic maps of seabed that are drawn in compliance with national technical standards and regulations on a prescribed scale under the national coordinate system and national elevation system and used uniformly nationwide.
14. “geographical space data” means data on geographical locations and attribute of geographical subjects.
15. “geographical background data” means geographical space data used as the basis for setting up other space data.
16. “geographical database” means a systematic collection of geographical space data.
17. “place name” means name of a geographical subject in the real world attached to a specified geographical location.
18. “boundary map” means a map showing national boundaries on land, under the ground and in the space which are determined in accordance with international agreement to which the Socialist Republic of Vietnam is a signatory or regulations in Vietnam Laws.
19. “administrative map” means a map showing territorial division according to administrative units.
20. “standard map of national boundaries” means a map drawn under the national coordinate system and national elevation system.
21. “nautical chart” means a map showing the depth of the ocean, terrains, place names and information regarding maritime activities and other activities on the sea.
22. “civil aviation map” means a map showing terrains, place names and information relating to civil aviation activities.
23. “map of underground works” means a map showing the planning, region division and status quo of works under the ground or under the water.
24. “map publications” mean published maps or map publications containing map photos in any form.
Article 4. Fundamental rules of topographic and cartographic activities
1. Topographic and cartographic activities must ensure sovereignty of the country, territorial integrity, national defense, security, order and social safety, satisfy international integration requirement and comply with international agreements to which the Socialist Republic of Vietnam is a signatory as well as timely apply science and technology advances.
2. Topographic and cartographic information, data and products must be timely, sufficiently and accurately updated and provided meeting requirement for socio-economic development, national defense and security, management of resources and environment, preventing and fighting against natural disasters, rescuing and dealing with climate change as well as broadening people’s knowledge.
3. Topographic infrastructure works, topographic and cartographic information, data and products must be managed and protected in accordance with provisions in herein and other relevant law provisions; topographic infrastructure works , topographic and cartographic information, data and products that are made by using state budget are considered public properties and must be commonly used and inherited.
4. Information, data and products from fundamental topographic and cartographic activities must be used in specialized topographic and cartographic activities.
5. A database of fundamental topography and cartography must be used as foundation for setting up national geographical space data.
Article 5. State policy on topography and cartography
1. Invest in development of topographic and cartographic activities with the aim of meeting requirements for state management and socio-economic development as well as ensuring national defense and security.
2. Prioritize investment in topographic and cartographic activities serving the work of preventing, fighting against natural disasters, rescuing and dealing with climate change, develop and apply national geographical space data infrastructure, study, apply and develop modern and advanced technologies for topography and cartography .
3. Encourage organizations and individuals to invest in or study and apply high technology and science, advanced and modern technologies, train and develop highly qualified human resources for topography and cartography.
4. Enable organizations and individuals to get access to or use topographic and cartographic information, data and products and national geographical space data infrastructure and participate in topographic and cartographic activities.
Article 6. Prohibited acts in topographic and cartographic activities
1. Counterfeiting or falsifying topographic and cartographic data or results
2. Destroying or damaging topographic infrastructure works, infringing the protective corridor of topographic infrastructure works
3. Carrying out topographic and cartographic activities when failing to satisfy requirements prescribed in laws
4. Publishing and circulating topographic and cartographic products, map publications related to sovereignty of the country that fail to show or improperly show national sovereignty and boundaries.
5. Obstructing legal topographic and cartographic activities performed by agencies, organizations and individuals
6. Making use of topographic and cartographic activities to harm benefits of people and country, juridical rights and benefits of organizations and individuals
7. Disseminating or revealing topographic and cartographic information, data and products in the list of State secrets.
Article 7. Science and technology activities regarding topography and cartography
1. Science and technology activities regarding topography and cartography shall be carried out in accordance with provisions herein and provisions of the Law on Science and Technology.
2. State-prioritized science and technology activities regarding topography and cartography include:
a) research on scientific bases for building of regulatory and institutional framework and the law on topography and cartography;
b) research on development, application and transfer of high, advanced and modern technologies in fundamental and specialized topographic and cartographic activities for national defense, security, preventing and fighting against natural disaster, rescuing and dealing with environmental incidents as well as climate change;
c) research on development of national geographical space data infrastructure;
d) fundamental research on Earth using modern and advanced topographic and cartographic methods
3. Encourage and enable organizations and individuals to carry out science and technology activities prescribed in clause 2 in this Article.
Article 8. International cooperation in topography and cartography
1. Principles for international cooperation in topography and cartography include:
a) Respect independence, sovereignty and territorial integrity;
b) Comply with international agreements to which the Socialist Republic of Vietnam is a signatory and provisions of Vietnam Laws;
c) Ensure equality and mutual benefits
2. Basic matters of international cooperation in topography and cartography include:
a) Signing and executing international contracts or agreements for topography and cartography;
b) Running international cooperation programs or projects;
c) Exchanging experts and training human resources for topography and cartography;
d) Conducting science research, applying and transferring topographic and cartographic technologies;
dd) Exchanging topographic and cartographic information, data and products;
e) Holding or participating in international conferences, seminars or negotiations
Article 9. Finance for topographic and cartographic activities
1. State management in topographic and cartographic activities by ministries, ministerial agencies and Governmental agencies, building and development of national geographical space data infrastructure shall be funded by central government budget.
2. State management in topographic and cartographic activities by People’s Committees of all levels, building and development of national geographical space data infrastructure under local management shall be funded by local government budget.
3. Topographic and cartographic activities carried out by organizations and individuals satisfying their own demands shall be funded by those organizations and individuals themselves.
FUNDAMENTAL TOPOGRAPHIC AND CARTOGRAPHIC ACTIVITIES
Article 10. Fundamental topographic and cartographic matters
1. Establishing national original topographic data system, national coordinate system, national elevation system and national gravity system
2. Establishing a data system of national topographic nets
3. Establishing aerial photo data system and remote sensing photo data system
4. Establishing, operating and updating national geographical background database, establishing and updating national topographic map system
5. Surveying and mapping national boundaries
6. Surveying and mapping administrative boundaries
7. Standardizing place names
8. Establishing and operating fundamental topographic infrastructure works
1. National original topographic data system includes original data on national coordinate system, national elevation system, national gravity system and national depth that are uniformly determined nationwide in accordance with national technical regulations. Each national original topographic data is attached to a point with a fixed and permanent marker called national original topographic point.
2. National coordinate system, national elevation system, national gravity system and national depth are used to present the results of topography and cartography within territory of the Socialist Republic of Vietnam.
3. The world coordinate system shall be used in accordance with provisions in international agreements to which the Socialist Republic of Vietnam is a signatory.
4. The Ministry of Natural Resources and Environment shall develop and submit national original topographic data system, national coordinate system, national elevation system and national gravity system to be used uniformly nationwide to the Prime Minister for publication, establish and publish converting parameters between national coordinate system and the world coordinate system.
Article 12. Data system of national topographic nets
1. A data system of national topographic nets includes data on national coordinate net, national elevation net, national gravity net and national net of satellite positioning stations that are established and used to carry out topographic and cartographic activities throughout the country.
2. The data system of national topographic nets shall be established in accordance with national technical regulations. The Ministry of Natural Resources and Environment shall take responsibility to establish and publish data on national topographic nets to be used uniformly nationwide.
3. This Article shall be elaborated by the Government.
1. Aerial photo data is collected from the aircraft. The collection of aerial photo data must be approved by ministries, ministerial agencies, Governmental agencies or People’s Committees of provinces, as authorized, before the collection for preventing cliché; aerial photo data may not be collected if appropriate data is available.
2. Civil aviation for the purpose of collecting aerial photo data shall be managed in accordance with provisions of the Law on Civil Aviation.
3. The Ministry of Natural Resources and Environment shall prepare and launch an aerial photography plan under management of ministries and develop an aerial photo database within the country.
4. The Ministry of National Defense shall prepare and launch an aerial photography plan for national defense, security and other purposes as assigned by the Government.
5. Ministries, ministerial agencies, Governmental agencies and People's Committees of provinces shall prepare and launch the aerial photography plan upon the agreement with the Ministry of Natural Resources and Environment and provide the Ministry of Natural Resources and Environment with a copy of aerial photo data within 15 days from the day on which such plan is implemented.
Article 14. Remote sensing photo data
1. Remote sensing photo data is collected from the remote sensing satellite through the remote sensing data collecting station and remote sensing satellite control station of Vietnam and from foreign sources and stored, processed as well as provided for common use.
2. The Ministry of Natural Resources and Environment shall preside over the collection, processing and provision of remote sensing photo data and establish a national remote sensing photo database.
3. Ministries, ministerial agencies, Governmental agencies and People's Committees of provinces shall send requirements for use of remote sensing photo data to the Ministry of Natural Resources and Environment to reach an agreement on data collection.
4. This Article shall be elaborated by the Government.
Article 15. National geographical background database and national topographic map system
1. National geographical background database and national topographic map system shall be established uniformly throughout the country.
2. National geographical background database and national topographic map system include:
a) National geographical background database and national topographic maps on the large scale of 1:2.000, 1:5.000 and 1:10.000;
b) National geographical background database and national topographic maps on the medium scale of 1:25.000, 1:50.000 and 1:100.000;
c) National geographical background database and national topographic maps on the small scale of 1:250.000, 1:500.000 and 1:1.000.000
3. National geographical background database and national topographic maps of the mainland on the scale of 1:2.000 and 1:5.000 are made for urban area, urban development area, specific functional area and area requiring regional division planning and rural planning while national geographical background database and national topographic maps on the scale of 1:10.000 and smaller are made covering the mainland of Vietnam.
4. National geographical background database, national topographic maps and topographic maps of the seabed on the large scale are made for islands, archipelagoes, estuaries and seaports. National geographical background database and national topographic maps of the seabed on the medium scale are made covering the internal water and territorial sea. National geographical background database and national topographic maps of the seabed on the small scale are made covering Vietnam’s sea areas.
1. The Ministry of Natural Resources and Environment shall take responsibility to:
a) establish and update national geographical background database of the mainland on the scale of 1:10.000 and smaller;
a) establish and update national topographic map system of the mainland on the scale of 1:10.000 and smaller;
c) establish and update national topographic maps and database of islands and archipelagoes and topographic maps of the seabed on the scale of 1:10.000 and smaller;
d) operate national geographical background database under management
2. People’s Committees of provinces shall take responsibility to:
a) establish and update national geographical background database on the scale of 1:2.000 and 1:5.000 applied to mainland, islands, archipelagoes, estuaries and seaports under management;
b) establish and update national topographic maps on the scale of 1:2.000 and 1:5.000 applied to mainland, islands, archipelagoes, estuaries and seaports under management;
d) operate national geographical background database under management
d) submit proposal to the Ministry of Natural Resources and Environment for appraisal of necessity, scope and technical-technological solutions for the project and task of establishment of national geographical background database and national topographic maps prescribed in point a and b in this clause before the establishment.
dd) send a national geographical background database and national topographic maps prescribed in point a and b in this clause to the Ministry of Natural Resources and Environment
3. National geographical background database and national topographic map system must be updated sufficiently, accurately and timely in accordance with the Government regulations.
Article17. Surveying and mapping national boundaries
1. Surveying and mapping national boundaries means topographic and cartographic activities for planning, dividing, marking and managing national boundaries in accordance with the Law on National Boundaries.
2. Surveying and mapping national boundaries include:
a) Drawing a topographic map for planning, dividing and marking national boundaries;
b) Surveying and recording the division and marking results in the topographic map;
c) Establishing and updating a database of national boundary surveying and mapping;
d) Surveying, establishing and updating a set of standard maps of national boundaries;
dd) Topographic and cartographic activities for management of national boundaries
3. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public Security and People's Committees of provinces of localities in which national boundaries are marked in surveying and mapping those national boundaries.
Article 18. Marking national boundaries and territorial sovereignty
1. National boundaries and territorial sovereignty must be marked accurately on the topographic and cartographic products and map publications.
2. Organizations and individuals must use the standard map of national boundaries or boundary map provided by the Ministry of Natural Resources and Environment to accurately marking national boundaries and territorial sovereignty on topographic and cartographic products and map publications when surveying national boundaries and sovereignty in areas without any standard map of national boundaries.
3. The Ministry of Natural Resources and Environment shall take responsibility to:
a) preside over and cooperate with the Ministry of Foreign Affairs and Ministry of National Defense in submitting a set of standard maps of national boundaries to the Prime Minister for publication;
b) provide guidelines for marking national boundary lines and territorial sovereignty on topographic and cartographic products and map publications.
4. In case national boundaries are not yet divided, the Ministry of Foreign Affairs shall take responsibility to preside over and cooperate with the Ministry of Natural Resources and Environment and Ministry of National Defense in submitting a proposal for marking national boundaries on types of map to regulatory agencies for decision-making.
Article 19. Surveying and mapping administrative boundaries
1. Surveying and mapping administrative boundaries means topographic and cartographic activities for establishing discarding, merging, dividing and adjusting administrative boundaries, settling disputes regarding administrative boundaries and determining administrative boundaries.
2. Surveying and mapping administrative boundaries include:
a) Surveying and drawing maps for developing profiles of administrative units of various levels;
b) Surveying, adjusting and amending administrative boundary maps according to Resolution of National Assembly, the Standing Committee of National Assembly on establishing, discarding, merging, dividing and adjusting administrative boundaries; surveying and adjusting administrative boundaries suffering natural effects and effects from socio-economic development;
c) Establishing and updating a database of administrative boundary surveying and mapping;
d) Surveying for settling disputes relating to boundaries among various level administrative units
3. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Home Affairs and People’s Committees of provinces in carrying out the following tasks:
a) Tasks prescribed in point b and d in clause 2 in this Article for provincial administrative units;
b) Tasks prescribed in point c in clause 2 in this Article
4. People’s Committees of provinces shall carry out the following tasks:
a) Tasks prescribed in point a in clause 2 in this Article;
a) Tasks prescribed in point b and d in clause 2 in this Article for administrative units of district and commune levels
Article 20. Requirements, principles and cases regarding standardization of place names
1. Place name standardization means verification and unification of Vietnamese reading and spelling of place names.
2. Vietnamese and international place names must be standardized for uniform use.
3. Principles for place name standardization include:
a) Each geographical subject is only associated to a single place name;
a) Place names given must ensure the inheritance, universality and integration and respect beliefs and customs of the country as well as conform to linguistic rules;
c) Place names must be consistent with places regulated by laws or places specified in international agreements to which the Socialist Republic of Vietnam is a signatory
4. Cases of place name standardization include:
a) Place name given to a geographical location with various names or place names with different reading styles and spelling;
b) Arrival of new geographical subjects or changes in geographical subjects resulting in changes in the place names
5. Standardized place names must be turned into a database, updated and published for use.
Article 21. Responsibilities for place name standardization and use of standardized place names
1. The Ministry of Natural Resources and Environment shall preside over and cooperate with Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces in standardizing place names, unifying and issuing lists of standardized place names, establish, update and publish a database of standardized place names.
2. Ministries, ministerial agencies, Governmental agencies and People's Committees of provinces shall send place name standardization requirement and information on names of places under management to the Ministry of Natural Resources and Environment.
3. Standardized place names must be used accurately and uniformly by organizations and individuals when carrying out topographic and cartographic activities in consistent with each historical period.
SPECIALIZED TOPOGRAPHIC AND CARTOGRAPHIC ACTIVITIES
Article 22. Specialized topographic and cartographic matters
1. Establishing a data system of specialized fundamental topographic nets
2. Topography and cartography for national defense
3. Surveying and drawing cadastral maps
4. Surveying and drawing administrative maps
5. Surveying and drawing nautical charts
6. Surveying and drawing civil aviation maps
7. Surveying and mapping underground works
8. Surveying and mapping for preventing and fighting against natural disasters, rescuing, dealing with environmental incidents and climate change
9. <}0{>Creating map archives, surveying and drawing specialized maps not prescribed in clause 2, 3, 4, 5, 6, 7 and 8 in this Article
10. Establishing and operating specialized topographic infrastructure works
Article 23. Data system of specialized fundamental topographic nets
1. A data system of specialized fundamental topographic nets shall be established according to requirements of specialized topographic and cartographic activities.
2. A data system of specialized fundamental topographic nets must be established within national coordinate system, national elevation system and national gravity system based upon national topographic nets in compliance with technical regulations issued by Ministries and ministerial agencies.
Article 24. Topography and cartography for national defense
1. Topographic and cartographic activities for national defense include:
a) Establishing, managing and using military coordinate system, systems of military coordinate points and elevation points, navigation system, aerial photo data system and remote sensing photo data system for military use;
b) Drawing specialized maps for military use and developing a geographical database serving military and national defense purposes;
c) Surveying and studying sea for national defense;
d) Other topographic and cartographic activities serving military and national defense tasks as assigned by the Government
2. The Ministry of National Defense shall take responsibility to carry out topographic and cartographic activities for national defense.
Article 25. Surveying and drawing cadastral maps
1. Cadastral map means a map showing land lots and relevant geographical subjects which is drawn according to administrative units of commune level and verified by regulatory agencies or according to administrative units of district level in places without any administrative unit of commune level.
2. Surveying and drawing cadastral maps include:
a) Surveying and defining boundaries between the lot and geographical subject relating to such lot
b) Collecting information and data on the land lot and relevant geographical subject;
c) Drawing cadastral map;
d) Adjusting cadastral map changes;
dd) Establishing and updating cadastral database
3. Surveying and drawing of cadastral maps as well as establishment and update of cadastral database shall comply with provisions of the Law on Land.
Article 26. Drawing administrative maps
1. Administrative maps include:
a) Administrative map of Vietnam;
b) Administrative maps of provinces;
c) Administrative maps of districts;
2. The Ministry of Natural Resources and Environment shall issue national technical regulations on drawing administrative maps, draw and update Vietnam administrative map where there is a change in administrative units.
3. People’s Committees of provinces shall draw and update administrative maps of provinces and districts under management where there is a change in administrative units and send the Ministry of Natural Resources and Environment a copy of digital data and a set of printed administrative maps of provinces and districts within 15 days from the day on which those maps are published.
4. Administrative maps must be drawn in compliance with national technical regulations.
Article 27. Surveying and drawing nautical charts
1. Nautical charts are made for port waters, sea lanes, navigable channels and sea areas.
2. Surveying and drawing nautical charts include:
a) Surveying and updating coordinate of seabed, depth of the sea and geographical subjects on the water surface, in the water or at the seabed;
b) Collecting and updating information and data on geographical subjects on the water surface, in the water and at the seabed;
c) Drawing and updating nautical charts;
d) Establishing and updating nautical chart database
3. Surveying and nautical chart drawing shall comply with national technical standards and regulations international standards.
4. The Ministry of National Defense shall survey and map territorial seas of Vietnam and adjacent sea areas.
5. The Ministry of Transport shall survey and map port waters, sea lanes and navigable channels.
6. Ministries and relevant ministerial agencies shall participate in surveying and nautical chart drawing as assigned by the Government.
Article 28. Surveying and drawing civil aviation maps
1. Civil aviation maps are made for airfields, airspace and airways.
2. Surveying and drawing civil aviation maps include:
a) Surveying and updating coordinate and elevation of geographical subjects on the ground and in the space;
b) Collecting and updating information and data on geographical subjects on the ground and in the space;
c) Drawing and updating civil aviation maps;
d) Establishing and updating civil aviation map database
3. Surveying and civil aviation map drawing shall comply with national technical standards and regulations as well as international standards.
4. The Ministry of Transport shall preside over and cooperate with the Ministry of National Defense and relevant Ministries in formulating and issuing national technical regulations on surveying and drawing civil aviation maps, conduct the surveying and draw civil aviation maps.
Article 29. Surveying and mapping underground works
1. Surveying and mapping underground works include:
a) Surveying, drawing and updating maps showing underground works' status quo;
b) Surveying and drawing maps for planning under space;
c) Establishing and updating a database of underground work maps
2. Underground works must be surveyed and mapped in compliance with national technical regulations.
3. The Ministry of Construction shall preside over and cooperate with relevant Ministries in formulating and issuing national technical regulations on surveying and mapping underground works.
4. When constructing underground works, the investor is required to survey and map underground works as well as send a set of maps showing status quo of such underground works to People's Committees of provinces:
a) within 90 days from the day on which construction of such underground works is completed;
b) every year (with regard to underground works serving mining for years)
5. People’s Committees of provinces shall take responsibility to survey and map underground works for management purpose.
1. Surveying and mapping for preventing and fighting against natural disasters, rescuing, dealing with environmental incidents and climate change must be conducted timely as required by competent regulatory agencies.
2. Surveying and mapping for preventing and fighting against natural disasters, rescuing, dealing with environmental incidents and climate change must be conducted according to programs and plans of the Government, Ministries, ministerial agencies and People’s Committees of provinces.
3. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall take responsibility to timely provide topographic and cartographic information, data and products as required by regulatory agencies in pursuit of drawing maps for preventing and fighting against natural disasters, rescuing, dealing with environmental incidents and climate change.
4. Organizations and individuals shall timely provide topographic and cartographic information, data and products for rescuing, overcoming natural disaster consequences, environmental incidents and dealing with climate change as required by regulatory agencies.
Article 31. Creating map archives; surveying and drawing other specialized maps
1. Map archive means a collection of maps, charts and photos laid out uniformly showing natural and socio-economic conditions of local areas, regions and the country as well as sectors in each development period.
2. The Ministry of Natural Resources and Environment shall create national map archives.
3. Ministries, ministerial agencies and People’s Committees of provinces shall create local and region map archives and map archives for sectors, conduct the survey and drawing other specialized maps for state management purpose.
4. Surveying and drawing specialized maps prescribed in clause 9 in Article 22 herein shall conform to requirements, technical standards and regulations applied to each specialized subject and relevant law provisions.
5. Organizations and individuals are entitled to create map archives for local areas, regions, country and sectors, conduct the survey and draw specialized maps prescribed in clause 9 in Article 22 herein.
QUALITY OF TOPOGRAPHIC AND CARTOGRAPHIC PRODUCTS
Article 32. Technical standards and regulations on topography and cartography
National standards, national and local technical regulations on topography and cartography shall be established, published, issued and applied in accordance with provisions of the Law on Technical regulations and standards ensuring consistency and conforming to technological development trend.
1. Measurement instruments used in topographic and cartographic activities must be inspected, calibrated and tested in conformity with provisions of the Law on Measurement, national technical standards and regulations on topography and cartography and official documents provided by the producer of those measurement instruments.
2. Organizations and individuals in charge of inspection, calibration and testing of measurement instruments used in topographic and cartographic activities must have eligibility and capacity to perform above-mentioned tasks in accordance with provisions of the Law on Measurement.
3. The Minister of Science and Technology shall issue a list of measurement instrument used in topographic and cartographic activities requiring inspection as requested by the Ministry of Natural Resources and Environment.
Article 34. Control of topographic and cartographic product quality
1. Quality of topographic and cartographic products shall be controlled in accordance with provisions herein and provisions in the Law on Quality of goods and products.
2. Inspection of topographic and cartographic product quality shall be conducted in consistent with technical standards and regulations on topography and cartography as well as approved technical design.
3. Quality of domestic and imported topographic and cartographic products to be put on the market must be consistent with applicable standards, technical regulations and law provisions.
4. Responsibilities for quality of topographic and cartographic products shall be allocated to organizations and individuals as follows:
a) Organizations and individuals shall be responsible for the quality of their own topographic and cartographic products;
a) Organizations and individuals shall be responsible for the results of quality testing and supervision as well as acceptance of topographic and cartographic products;
c) Investors of topographic and cartographic plan or project shall be responsible for quality of products under management.
5. Ministers, Directors of ministerial agencies and Governmental agencies shall issue regulations and criteria for quality of topographic and cartographic products under management.
6. Minister of Natural Resources and Environment shall issue regulations on inspection, appraisal and acceptance of topographic and cartographic product quality.
TOPOGRAPHIC INFRASTRUCTURE WORKS
Article 35. Types of topographic infrastructure works
1. Topographic infrastructure works include fundamental and specialized topographic infrastructure works.
2. Fundamental topographic infrastructure works include:
a) National original topographic points;
b) National topographic markers;
c) National satellite positioning stations;
d) National remote sensing data collecting stations
3. Specialized topographic infrastructure works include:
a) Specialized fundamental topographic markers;
c) Specialized satellite positioning stations;
d) Specialized remote sensing data collecting stations
Article 36. Construction, operation and maintenance of topographic infrastructure works
1. Topographic infrastructure work funded by state budget must be constructed according to the plan and task approved by competent regulatory agencies and in compliance with the law provisions.
2. The State shall give land or lease land to organizations and individuals for construction of topographic infrastructure works in accordance with provisions of the Law on Land.
3. The Ministry of Natural Resources and Environment shall construct, operate and maintain works prescribed in point a, b and c in clause 2 in Article 35 herein, construct, operating and maintain works prescribed in point d in clause 2 in Article 35 herein as approved by the Prime Minister.
4. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall construct, operate and maintain works prescribed in point a and b in clause 3 in Article 35 herein after reaching agreement with the Ministry of Natural Resources and Environment.
5. Ministries, ministerial agencies, Governmental agencies shall construct, operate and maintain works prescribed in point c in clause 3 in Article 35 herein as approved by the Prime Minister.
6. Organizations and individuals may participate in investment, construction, management, operation and maintenance of topographic infrastructure works in accordance with provisions herein and other relevant law provisions.
7. After completing the construction of topographic marker, the investor is required to make a record transferring topographic marker and location map to People's Committees of communes in the presence of the land user and transfer the list associated with topographic marker location map People's Committees of provinces.
8. This Article shall be elaborated by the Government.
Article 37. Use of topographic markers
1. Before using the topographic marker, organizations and individuals are required to notify such use to People's Committee of commune of locality in which such marker is placed and must maintain as well as protect it from damage while using such marker.
2. Land users and owners of properties in areas where topographic markers are placed must not hinder organizations and individuals from using these topographic markers when performing legal topographic activity.
Article 38. Protection of topographic infrastructure works
1. Organizations and individuals shall take responsibility to maintain and protect topographic infrastructure works and timely inform local government authorities or competent agencies, organizations and individuals when discovering damage or destruction of topographic infrastructure works or risk of damage and destruction.
2. Topographic infrastructure works shall be surrounded by protective corridors and land use right within those protective corridors shall conform to provisions of the Law on Land.
Any construction, repair or reform of structures within the protective corridor of topographic infrastructure works that produces effects on such topographic infrastructure works must be notified to competent regulatory agencies by land users or owners of those structures.
3. Relocation or demolition of topographic infrastructure works due to requirement for socio-economic development, national defense and security must be approved by supervisory agencies of those topographic infrastructure works and organizations or individuals requiring relocation or demolition must pay compensation for losses in accordance with law provisions.
4. Responsibilities for protection of topographic infrastructure works shall be allocated as follows:
a) The Ministry of Natural Resources and Environment shall protect topographic infrastructure works prescribed in point a, c and d in clause 2 in Article 35 herein;
b) Ministries, ministerial agencies and Governmental agencies shall protect specialized topographic infrastructure works under management;
c) People’s Committees of provinces shall protect topographic infrastructure works under management and those prescribed in point b in clause 2 in Article 35 herein and cooperate with other agencies in protecting other topographic infrastructure works in localities.
d) Organizations and individuals shall protect topographic infrastructure works under their own management.
5. This Article shall be elaborated by the Government.
Section 1. TOPOGRAPHIC AND CARTOGRAPHIC INFORMATION, DATA AND PRODUCTS
Article 39. Topographic and cartographic information, data and product system
1. The system of topographic and cartographic information, data and product includes:
a) Fundamental topographic and cartographic information, data and products;
b) Specialized topographic and cartographic information, data and products;
c) Results of science research and technology development in terms of topography and cartography;
d) Legislative documents on topography and cartography;
dd) Technical standards and regulations on topography and cartography
2. Fundamental topographic and cartographic information, data and products include:
a) Information and data on system of national original topographic points and national topographic nets;
b) Aerial photo data system and remote sensing photo data system;
c) National geographical background data and national topographic map products and data;
d) Data and products regarding surveying and mapping of national boundaries;
dd) Data and products regarding surveying and mapping of administrative boundaries;
e) Data and lists of place names
3. Specialized topographic and cartographic information, data and products include:
a) Information, data and products regarding specialized fundamental topographic net;
b) Information, data and products regarding topographic and cartographic activities for national defense;
c) Information, data and products regarding surveying and drawing of cadastral maps;
d) Information, data and products regarding surveying and drawing of administrative maps;
dd) Information, data and products regarding surveying and drawing of nautical charts;
e) Information, data and products regarding surveying and drawing of civil aviation maps;
g) Information, data and products regarding surveying and mapping of underground works;
h) Information, data and products regarding topographic and cartographic activities for preventing and fighting against natural disasters, rescuing, dealing with environmental incidents and climate change;
i) Information, data and products regarding map archives; information, data and products regarding surveying and drawing of other specialized maps
Article 40. Topographic and cartographic database
1. National topographic and cartographic database includes fundamental and specialized topographic and cartographic databases that are established and updated uniformly nationwide and connected to Vietnam geographical space portal.
2. Fundamental topographic and cartographic database is established from information, data and products prescribed in clause 2 in Article 39 herein.
3. Specialized topographic and cartographic database is established from information, data and products prescribed in clause 3 in Article 39 herein.
4. The Ministry of Natural Resources and Environment shall preside over the establishment, operation and update of national topographic and cartographic database as well as perform the following tasks:
a) Establishing, operating and updating fundamental and specialized topographic and cartographic databases under management;
b) Integrating topographic and cartographic database with specialized maps of Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces
5. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall establish, operate and update specialized topographic and cartographic databases under management and provide such database for the Ministry of Natural Resources and Environment to be integrated into national topographic and cartographic database.
1. Topographic and cartographic information, data and products shall be stored in accordance with provisions of the Law on Storage. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall store topographic and cartographic information, data and products under their management.
2. Topographic and cartographic information, data and products in the list of State secrets must be kept confidential and safely secured in accordance with the law provisions.
3. Topographic and cartographic information, data and products shall be provided as follows:
a) Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall provide topographic and cartographic information, data and products that are considered public properties under their management.
b) Organizations and individuals shall provide topographic and cartographic information, data and products funded by those organizations and individuals themselves;
c) Agencies, organizations and individuals shall take legal responsibility for origin and accuracy of topographic and cartographic information, data and products provided themselves;
d) Agencies, organizations and individuals must certify the copy of topographic and cartographic information, data and products and digital maps provided themselves; Certified copies of topographic and cartographic information, data and products and digital maps are considered as valid as the original.
dd) Topographic and cartographic information, data and products provided widely include lists of topographic and cartographic information, data and products, topographic marker notes, set of standard maps of national boundaries, data on administrative boundaries, hydrology, traffic, residents, vegetation, place names, administrative maps and other topographic and cartographic information, data and products not in the list of State secrets.
4. Topographic and cartographic information, data and products shall be exchanged with international organizations, foreign organizations or foreigners as follows:
a) Topographic and cartographic information, data and products not in the list of State secrets may be exchanged with international organizations, foreign organizations or foreigners.
a) Topographic and cartographic information, data and products in the list of State secrets may be exchanged with international organizations, foreign organizations or foreigners in accordance with provisions in international agreements to which the Socialist Republic of Vietnam is a signatory or as approved by competent regulatory agencies.
5. Topographic and cartographic information, data and products shall be used as follows:
a) Organizations and individuals using topographic and cartographic information, data and products must comply with the law provisions;
b) Topographic and cartographic information, data and products used in programs, planning, plans or projects for socio-economic development must have clear origin;
c) Organizations and individuals using topographic and cartographic information, data and products that are considered public properties must pay charges in accordance with the law provisions; however; charge remission shall be applied if those information, data and products are used for national defense, security, preventing and fighting against natural disasters as regulated by laws.
6. Organizations and individuals using topographic and cartographic information, data and products provided by other agencies are encouraged to provide new update on these information, data and products for those agencies.
7. This Article shall be elaborated by the Government.
1. Topographic and cartographic information, data and products funded by state budget are under ownership of the country people in which the State exercises rights and obligations of the owner on behalf of the country people.
2. The copyright on topographic and cartographic information, data and products shall be consistent with provisions of the Law on Intellectual Property.
Section 2. NATIONAL GEOGRAPHICAL SPACE DATA INFRASTRUCTURE
Article 43. General regulations on national geographical space data infrastructure
1. National geographical space data infrastructure means a collection of policies, regulatory and institutional framework, standards, technologies, data and human resources for the purpose of sharing and using efficiently geographical space data throughout the country.
2. National geographical space data infrastructure must ensure geographical space data is standardized, fully collected from ministries, local authorities, organizations and individuals and regularly updated for meeting requirements for state management, socio-economic development, national defense and security assurance, preventing and fighting against natural disasters, rescuing and dealing with environmental incidents as well as climate change, help to improve people's knowledge, facilitate provision of public services and ensure the capacity to connect with regional and international geographical space data infrastructure.
3. Provision, exchange and use of geographical space data must not cause harm to benefits of the country and people, legal rights and benefits of organizations and individuals.
Article 44. Establishment of national geographical space data infrastructure
1. Establishment of national geographical space data infrastructure includes:
a) Designing a strategy development and plan for establishment of national geographical space data infrastructure;
b) Formulating a policy and creating resources for implementing the strategy or plan for development of national geographical space data infrastructure;
c) Selecting and developing technologies and establishing technical standards and regulations in respect of national geographical space data infrastructure;
d) Establishing and integrating geographical space data;
dd) Establishing and operating Vietnam geographical space portal and geographical space data applications or services
2. The Prime Minister shall preside over and coordinate the establishment of national geographical space data infrastructure.
3. The Ministry of Natural Resources and Environment shall take responsibility to:
a) preside over and cooperate with ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces in submitting the development strategy and plan for establishment of national geographical space data infrastructure to the Government for approval.
a) preside over and cooperate with ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces in integrating national geographical space data, establish and operate Vietnam geographical space portal.
4. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall implement development strategy and plan for establishment of national geographical space data infrastructure as authorized.
5. Organizations and individuals may be engaged in establishment and development of national geographical space data in accordance with the law provisions.
6. This Article shall be elaborated by the Government.
Article 45. National geographical space data
1. National geographical space data includes frame data and specialized data.
2. Frame data means data used as foundation for establishing national geographical space data. Frame data includes:
a) Data on system of national topographic points and national topographic nets;
b) National geographical background data and national topographic map data;
c) Aerial photo data and remote sensing photo data;
d) Data on standard maps of national boundaries;
dd) Data on maps of administrative boundaries;
e) Data on place names;
g) Data prescribed in clause 3 in this Article by the Government.
3. Specialized data means data that is commonly used. Specialized data includes the following fundamental groups:
a) Cadastral data;
b) Existing land use map data;
c) Water resource investigation and assessment map data;
d) Geologic map data;
dd) Soil map data;
e) Interactive forest map data;
g) Underground work map data;
h) Civil aviation map data;
i) Data on nautical charts of port waters, sea lanes, navigable channels and sea areas;
k) Data on maps for preventing and fighting against natural disasters, rescuing and dealing with environmental as well as climate change;
l) Traffic map data;
m) Data on maps of national, regional and provincial planning, planning for specially-graded economic-administrative units, urban and rural planning;
n) Groups of other specialized map data regulated by the Government for ensuring the consistency in national geographical space data and meeting state management requirement in each period.
4. Frame data and specialized data are described in the form of metadata. Metadata includes the following groups of information:
a) Scope, time, organization and individual establishing, updating and storing data;
b) Conformity with applicable technical standards and regulations;
c) Data quality and validity;
d) Methods for accessing, exchanging and using data and services concerning geographical space data
Article 46. National geographical space data services
1. Services regarding national geographical space data include sharing, converting, analyzing, integrating, searching and downloading the data.
2. Services regarding national geographical space data shall be provided through Vietnam geographical space portal.
Article 47. Use of national geographical space data
1. Agencies, organizations and individuals must utilize national geographical space data when using funding from state budget to plan the policy, develop strategy, planning, plan, program or project for socio-economic development, national defense and security as well as perform other activities serving state management.
2. Agencies, organizations and individuals are encouraged to use national geographical space data for production, business purposes and other activities.
Article 48. Vietnam geographical space data portal
1. Vietnam geographical space portal means a portal allowing access to national geographical space data and providing relevant information and services on network environment.
2. Vietnam geographical space portal must be established and operated in such a way that agencies, organizations and individuals could easily get access to such portal and published national geographical space data is always available.
3. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces must link national geographical space data prescribed in Article 45 herein with Vietnam geographical space portal.
Article 49. Requirements for map publication
1. Maps and products bearing map photos must be published in accordance with provisions herein and the Law on Publication as well as other relevant law provisions.
2. Map publications must accurately show territorial sovereignty, national boundaries and administrative boundaries.
Article 50. Map publication activity
1. The Ministry of Natural Resources and Environment shall publish system of national topographic maps and specialized maps for state management as regulated.
3. Organizations and individuals shall publish maps not prescribed in clause 1 and 2 in this Article.
Article 51. Topography and cartography licenses
1. Organizations providing topographic and cartographic services in the list of topographic and cartographic activities subject to licensing may be licensed for topography and cartography in accordance with the Government regulations.
2. Each organization may be licensed for one or more than one topographic and cartographic service in the list of topographic and cartographic activities subject to licensing. A topography and cartography license is valid nationwide for at least 5 years, and may be extended.
The license granted to the foreign contractor must present the effective scope and have duration determined according to the duration of performance of topographic and cartographic activities in the contract package.
3. Eligible domestic organizations and foreign contractors prescribed in Article 52 herein may be licensed for topography and cartography by competent regulatory agencies.
4. Additional topographic and cartographic activities may be included in the granted topography and cartography license as required by eligible organizations.
5. A topography and cartography license may be re-issued if being lost, torn or damaged or when the licensed organization requires for adjustments to information stated in such license.
6. A topography and cartography license may be revoked if the licensed organization or individual:
a) deletes or falsifies information in the license;
b) counterfeits the application for topography and cartography license;
c) commits prohibited acts in topographic and cartographic activities prescribed in clause 1, 4, 6 and 7 in Article 6 herein;
d) fails to meet requirements prescribed in Article 52 herein and relapses into criminal behavior after penalties for administrative violations have been imposed.
dd) Other cases in accordance with the law provisions
7. Specialized supervisory agencies of topography and cartography affiliated to the Ministry of Natural Resources and Environment may issue, extend, amend, re-issue and revoke topography and cartography licenses.
8. The Government shall regulate time, application, order and procedure for issuing, extending, amending, re-issuing and revoking topography and cartography licenses.
Article 52. Conditions for granting topography and cartography licenses
1. An organization may be licensed for topography and cartography when fully satisfying the following conditions:
a) Being an enterprise or a service provider performing topography and cartography tasks;
b) Having a topographic and cartographic technician who holds a tertiary or higher degree in topography and cartography and has at least 5-year-experience in the subject that is consistent with at least one matter included in topographic and cartographic activities or gains a first-class topography and cartography practicing certificate prescribed in Article 53 herein and must not be in charge of topographic and cartographic techniques in other organizations at the same time;
c) Having the number of topographic and cartographic technicians meeting requirement for performing activities requiring license in accordance with the Government regulations;
d) Having topographic and cartographic instruments, equipments and technologies conformable to regulations in economic-technical restrictions on topography and cartography for the purpose of creating one topographic and cartographic product included in the activities requiring the license.
2. A foreign contractor may be licensed for topography and cartography by the specialized supervisory agency of topography and cartography affiliated to the Ministry of Natural Resources and Environment when fully satisfying the following conditions:
a) Receiving the bid winner decision or contractor selection by the investor in which topographic and cartographic activities are included; and
b) Having topographic and cartographic technicians, instruments, equipments and technologies conformable to the winning bid or selected bid
Article 53. Topography and cartography practicing certificate
1. Topography and cartography practicing certificate means a document verifying the practicing capacity granted by competent authorities to eligible individual prescribed in clause 3 in this Article and is valid nationwide.
2. Each issued topography and cartography practicing certificate is applied to one or more than one activity in the list of topography and cartography practice; any Vietnamese citizen solely practicing topography and cartography must possess a practicing certificate suitable to the job performed and each certificate is valid for at least 5 years and may be extended.
3. A topography and cartography practicing certificate may be issued if a person:
a) has legal capacity in accordance with the law provisions; and
b) has professional qualifications and experience of the job conformable to the one requiring practicing certificate; and
c) has sat an examination on professional experience and law concerning the job requiring practicing certificate.
4. Topography and cartography practicing license are divided into the two following class:
a) First-class honor shall be conferred to the person possessing a tertiary or higher degree and having participated in topographic and cartographic activities for at least 5 consecutive years as well as fully meeting requirements prescribed in clause 3 in this Article;
a) Second-class honor shall be conferred to the person possessing a tertiary or higher degree and having participated in topographic and cartographic activities for at least 2 consecutive years and the person possessing a vocational diploma of intermediate or college level who has at least 3-year-experience of topography and cartography and fully satisfy requirements prescribed in clause 3 in this Article.
5. The authority to hold examination, issue, re-issue and revoke the topography and cartography practicing certificate:
a) Specialized supervisory agencies of topography and cartography affiliated to the Ministry of Natural Resources and Environment may hold the examination, issue, re-issue and revoke first-class topography and cartography practicing certificates.
b) Specialized agencies of natural resources and environment affiliated to People's Committees of provinces may hold the examination, issue, extend, re-issue and revoke second-class topography and cartography practicing certificates.
6. Confirmation of topography and cartography practicing certificates between Vietnam and other countries shall comply with provisions in international contracts or international agreements to which the Socialist Republic of Vietnam is a signatory.
7. A topography and cartography practicing certificate may be re-issued if being lost, torn or damaged or when the person receiving such certificate requires adjustments to information stated in the certificate.
8. A topography and cartography practicing certificate shall be revoked in case the person receiving such certificate commits prohibited acts in topographic and cartographic activities prescribed in Article 6 herein.
9. The Government shall issue the list of topography and cartography practice and regulations on examination on professional experience and laws as well as regulations on time, application, order and procedure for issuing, extending, re-issuing and revoking the topography and cartography practicing certificate.
1. Information on organizations licensed for topography and cartography and individuals receiving topography and cartography practicing certificates may be posted on the portal of the Ministry of Natural Resources and Environment.
2. Information on organizations licensed for topography and cartography whose head offices are located in provinces or centrally-affiliated cities and information on individuals receiving topography and cartography practicing certificates from specialized agencies of natural resources and environment affiliated to People's Committees of provinces may be posted on the portal of People’s Committees of provinces.
3. The Government shall stipulate time for publishing the above-mentioned information.
1. Any organization engaged in topographic and cartographic activities is entitled to:
a) carry out topographic and cartographic activities in accordance with provisions herein;
b) participate in formulation of the policy and law on topography and cartography;
c) cooperate with domestic or foreign organizations and persons in topography and cartography in accordance with the law provisions;
d) exercise other rights in accordance with the law provisions.
2. Any organization engaged in topographic and cartographic activities is obliged to:
a) submit reports as regulated by the Government;
b) comply with the request for inspection by competent regulatory agencies;
c) comply with provisions herein and other relevant law provisions.
1. Any individual solely practicing topography and cartography profession is entitled to:
a) practice topography and cartography in accordance with provisions herein;
b) participate in formulation of the policy and law on topography and cartography;
c) cooperate with domestic or foreign organizations and persons in topography and cartography in accordance with the law provisions;
d) exercise other rights in accordance with the law provisions.
2. Any individual solely practicing topography and cartography profession is obliged to:
b) comply with the request for inspection by competent regulatory agencies;
c) comply with provisions herein and other relevant law provisions.
STATE MANAGEMENT IN TOPOGRAPHY AND CARTOGRAPHY
Article 57. Responsibilities of the Government, ministries and ministerial agencies
1. The Government shall unify the state management in topography and cartography nationwide.
2. The Ministry of Natural Resources and Environment shall play the role of a contact point assisting the Government in performing state management task in topography and cartography nationwide and take responsibility to:
a) preside over and cooperate with ministries and ministerial agencies in developing and submitting legislative documents, strategies, plans, programs or projects for topography and cartography to competent regulatory agencies for promulgation or promulgate the above-mentioned documents, as authorized, and provide guidelines for implementation of those plans, projects or programs.
b) formulate and issue national technical regulations, economic-technical restrictions on fundamental and specialized topography and cartography under management, submit national standards for topography and cartography under management to the Ministry of Science and Technology for appraisal then publish those standards and regulations.
c) propagate and convey the law on topography and cartography as well as supervise the compliance with such law;
d) perform topography and cartography tasks in accordance with provisions herein;
dd) establish, manage and operate topographic infrastructure works under management;
e) preside over the construction and management of national geographical space data infrastructure;
g) control the quality of topographic and cartographic products and quality of measurement instruments used in topographic and cartographic activities in accordance with the law provisions;
h) appraise the necessity, scope and technological-technical solutions for topographic and cartographic activities included in programs, projects or tasks funded by central government budget performed by ministries, ministerial agencies or Governmental agencies and appraise fundamental topography and cartography projects or tasks performed by People’s Committees of provinces;
i) manage, store and provide topographic and cartographic information, data and products;
k) manage the issuance of topography and cartography practicing certificates and topography and cartography licenses as well as manage topographic and cartographic activities carried out by organizations or individuals nationwide;
l) inspect, handle violations of laws and settle disputes and complaints about topography and cartography as authorized;
m) develop and implement plans or programs for topography and cartography training or broadening the knowledge of topography and cartography;
n) manage science research and technology development, train and develop human resources for topography and cartography;
o) preside over and cooperate with international organizations in topography and cartography;
p) send the Government annual reports on topographic and cartographic activities nationwide.
3. The Ministry of National Defense shall take responsibility to:
a) preside over the preparation of legislative documents on topography and cartography for national defense and submit those documents to the Government for promulgation or promulgate them as authorized;
b) manage topographic and cartographic activities for national defense;
c) manage and operate topographic infrastructure works for national defense, manage and secure topographic and cartographic information, data and products for national defense and security assurance;
d) manage and supervise aerial photography, collection of aerial photos for topography and cartography purposes and supervise topographic and cartographic activities in areas under management of the Ministry of National Defense;
dd) provide information and data to organizations and individuals engaged in socio-economic development in accordance with the law provisions;
e) perform other topography and cartography tasks assigned by the Government;
g) send annual reports on topographic and cartographic activities under management to the Ministry of Natural Resources and Environment which is then consolidated and submitted to the Government.
4. Other ministries and ministerial agencies shall take responsibility to:
a) prepare and issue national technical regulations and economic-technical restrictions on specialized topography and cartography under management after getting consent from the Ministry of Natural Resources and Environment, send national standards for topography and cartography under management to the Ministry of Science and Technology for appraisal then publish those standard as well as provide instruction on implementation and inspect such implementation;
b) manage and perform specialized topographic and cartographic activities as assigned or authorized in accordance with provisions herein and other relevant law provisions;
c) preside over the construction and management of national geographical space data infrastructure as authorized;
d) manage, store and provide topographic and cartographic information, data and products under management;
dd) send annual reports on topographic and cartographic activities under management to the Ministry of Natural Resources and Environment which is then consolidated and submitted to the Government.
Article 58. Responsibilities of People’s Committees of various levels
1. People’s Committees of provinces, as assigned and authorized, shall take responsibility to:
a) perform state management task in respect of topographic and cartographic activities under management, promulgate documents as authorized, provide guidelines for performance of topography and cartography tasks in accordance with provisions herein and other relevant law provisions, propagate and convey laws, provide instructions for compliance with the law on topography and cartography and supervise such compliance in their localities;
b) manage topographic infrastructure works as decentralized;
c) establish and manage national geographical space data infrastructure and topographic database as well as maps under management;
d) control quality of topographic and cartographic products under management;
dd) manage, store and provide topographic and cartographic information, data and products under management;
e) manage the issuance of topography and cartography practicing certificates and manage organizations or individuals engaged in topographic and cartographic activities in their localities;
g) inspect, handle violations of laws and settle disputes and complaints about topography and cartography as authorized;
h) send annual reports on topographic and cartographic activities under management to the Ministry of Natural Resources and Environment which is then consolidated and submitted to the Government.
2. People’s Committees of districts, as assigned and authorized, shall take responsibility to:
c) propagate and convey the law on topography and cartography as well as supervise the compliance with such law in their localities;
b) inspect, handle violations of laws and settle disputes and complaints about topography and cartography as authorized;
c) participate in management of topographic markers as decentralized by People’s Committees of provinces;
d) perform other state management tasks in respect of topography and cartography as decentralized or authorized by superior state management agencies.
3. People’s Committees of communes, as assigned and authorized, shall take responsibility to:
a) perform tasks prescribed in point a, b and d in clause 2 in this Article in their localities;
b) protect topographic markers as decentralized by People’s Committees of provinces.
Article 59. Inspection and handling of violations of the law on topography and cartography
1. With reference to topography and cartography inspection:
a) Natural resource and environment inspectors shall carry out specialized inspection regarding topography and cartography;
b) Organizations and individuals engaged in topographic and cartographic activities shall be subject to the topography and cartography inspection;
c) Topography and cartography inspection must be carried out in accordance with provisions herein, provisions of the Law on Inspection and other relevant law provisions.
2. With reference to handling of violations of the law on topography and cartography:
a) Ministers, Directors of ministerial agencies and Chairmen of People’s Committees of provinces shall carry out the inspection and handle violations of laws concerning eligibility and capacity of organizations and individuals engaged in topographic and cartographic activities as authorized;
b) Organizations and individuals violating the law on topography and cartography shall be subject to administrative penalties, discipline or face criminal charges according to nature and seriousness of their violation and must pay compensation if causing losses in accordance with the law provisions.
This Law comes into force from January 01, 2019.
Article 61. Transferring provisions
1. The topography and cartography license issued before the effective date of this Law may be used until the expiry date of such license.
2. Organizations licensed for topography and cartography before the effective day of this Law that request amendments to their licenses or license extension shall apply for license issuance in accordance with provisions herein.
3. Application for topography and cartography license received by competent regulatory agencies to be processed under the administrative procedure for topography and cartography before the effective date of this Law shall be considered and processed in accordance with the law provisions at the time of receiving.
4. Technical regulations and economic-technical restrictions on topography and cartography issued before the effective date of this Law that are not inconsistent with provisions herein may be used until they are abolished or replaced.
This Law is passed by the 14th National Assembly in the 5th meeting on June 14, 2018.
|
|
CHAIRPERSON OF NATIONAL ASSEMBLY |
------------------------------------------------------------------------------------------------------
This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
