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Land Survey Ordinance

Original Language Title: 土地调查条例

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People's Republic of China promulgated by Decree No. 518

                       Announced the land survey Ordinance, as of the date of promulgation.

                         Prime Minister Wen Jiabao

The February 7, 2008

Land Survey Ordinance

Chapter I General provisions

First to science, to effectively implement land survey to protect land surveying the authenticity, accuracy, and timeliness of the data, in accordance with the People's Republic of China Law on land management and the People's Republic of China Law on statistics, this Ordinance is enacted.

The purpose of the second national land survey is a comprehensive identification and utilization of the land resources, grasp the true and accurate land data for scientific planning, effective protection and rational use of land resources, implement the most strict arable land protection system, and provide a basis for strengthening and improving macro-control and promoting comprehensive, coordinated and sustainable development of economy and society.

Third land survey work in accordance with the unified national leadership, Division of work, the principle of participation of local parties hierarchical responsible, organization and implementation.

Article fourth land survey requirements, borne by the Central and local levels of Government, included in the corresponding annual budget, paid on time and in full and ensure that in place.

Land survey of unified management, funding should be earmarked, strict control of expenditure.

Article fifth news media such as newspapers, radio, television and the Internet, reports of the investigation should be undertaken in a timely manner.

Chapter contents and methods of investigation

Sixth State in accordance with national economic and social development, a national land survey every 10; according to the needs of land management, land change survey annually.

Article seventh land survey include the following:

(A) the status and changes of land use, including type, location, size, distribution and other conditions;

(B) land ownership and changes, including the ownership and use of land;

(C) the conditions of land, including land of the natural, social and economic conditions and other conditions.

When carrying out investigation and change of land use should be focused on status and changes of farmland, including the quantity, distribution and protection of basic farmland.

Eighth land using investigation methods, using a combination of field surveys, remote sensing, and other means.

Nineth land surveying using the land use classification standard, uniform technical regulations and according to the national standard survey maps.

Technical specification for land surveying, land and resources administration in conjunction with the departments concerned under the State Council.

Chapter III organization of land survey implementation

Tenth people's Governments in charge of land and resources departments at or above the county level shall, in conjunction with the departments concerned at the land survey.

The township (town) people, streets and villages (neighborhood) people's Commission should mobilize social forces and organizations active in land survey work.

11th people's Governments above the county level departments should actively participate in and work closely with land survey, provides information about land surveying needs in accordance with law.

Social groups, as well as related to the land survey unit and individual shall, in accordance with the provisions of this Ordinance, with the land survey work. 12th national land survey overall programme by the land and resources department in conjunction with the relevant departments of the State Council, the State Council for approval.

Local people's Governments at or above the county level departments in charge of land and resources departments in accordance with State standard requirements, according to the administration of land use characteristics, local land survey implementation, immediate upper level people's Government after the approval of the competent authorities and the relevant departments at the same level of land and resources for implementation.

13th in investigation of land needed for the community to choose professional team and land survey tasks, should be implemented by way of tender organization.

Assume control of land survey units should meet the following conditions:

(A) having legal personality;

(B) qualifications and job performance associated with land surveys;

(C) a complete technical and quality management system;

(D) has trained and qualified professionals.

Land and resources departments under the State Council shall, jointly with other departments concerned under the State Council to undertake land management of the investigation task unit, and published in accordance with the conditions specified in the second paragraph of article directories.

14th land surveying personnel should uphold seeking truth from facts, abide by professional ethics and have the expertise needed to carry out investigations.

Land surveying personnel should receive training, qualified recipients of the national land survey of employees to testify.

15th land surveying personnel should strictly enforce the national General land survey programmes and land surveys of local programmes, land-use classification standards and harmonization of technical regulations, or forge, tamper with data, not force, directed the respondents to provide false data.

Land surveying personnel should be on their registration, auditing, data that can be recorded and investigated data consistency is responsible for.

16th section land survey shall independently exercise investigations, reporting, supervision and inspection authority, the right to work to carry out on-site investigations, and in accordance with the technical specifications for field work.

Land surveying personnel have the right to ask relevant units and individuals on issues in connection with the investigation, asked related departments and individuals to provide the relevant information.

Land surveying personnel to conduct on-site investigations, field operations and asks the relevant units and individuals shall present land survey employees to testify.

Article 17th of the surveyed units and individuals shall truthfully answer questions, fulfil Community obligations, as required to provide relevant information, may not be transferred, concealed, tampered with, destroyed records and land registers and other relevant information.

18th all localities, departments and units are not allowed to modify the land survey, head of information, data, tampering with investigations, is allowed to force or prompt land survey information, data or fabricate data, shall not be refused or resisted tampering with data, data or fabricate data in land surveying personnel action.

Fourth chapter survey processing and quality control

19th land surveys formed the following findings:

(A) data;

(B) results;

(C) the text results;

(D) the database results.

20th national land survey results step by step submission, summary statistics system.

Land survey data processing and reporting should be in accordance with the overall scheme of the national land survey and related standards.

21st respective administrative areas and local people's Governments at or above the county level shall land survey results of quality responsibility, Chief is the first person.

Local land and resources authorities above the county level in conjunction with the departments concerned at the quality control of all aspects of the investigation, established land surveying quality control of personal responsibility, to ensure the survey data, maps and actual condition of land surveyed in line of the three, and their processing, finishing, total, be responsible for the accuracy of the survey results. 22nd the land and resources department in conjunction with the relevant departments of the State land survey results of random checks.

Sampling results as an important basis for evaluating the quality of land survey results. Article 23rd land surveys the staged and graded system of check and acceptance of the outcome.

Previous land survey results upon the acceptance by the inspection in order to carry out the next stage of investigation.

Land survey inspection and acceptance of the outcome approach, by the land and resources department, together with the relevant departments of the State Council.

Fifth chapter released survey results and applications

24th State fosters land survey results announcement system.

Land survey results have to be announced to the public, and public queries, but shall be kept confidential except in accordance with law.

25th national land survey results, released after the approval of the State Council.

Local land survey results and audited by the people's Governments at the corresponding level, announced after the Government approved at a higher level.

National land survey results announced, local people's Governments at or above the county level may in turn progressively released land for the administrative investigation.

26th the people's Governments above the county level shall land and resource administration in conjunction with the outcomes of the relevant departments in land survey conservation, management, development, application, and to provide public services and so on.

National land survey, set up Internet sharing of land survey database, and maintain and update.

27th land survey results are compiled for national economic and social development plan, as well as land and resources planning, management, protection and utilization of important evidence.

28th results should be strictly regulated and standardized the use of the land survey, not as in accordance with other laws and administrative rules and basis for administrative penalty imposed on respondents, and not as a divided sector basis for segregation of duties and scope of management.

Sixth chapter commendation and punishment

Article 29th in land survey work, have made outstanding contributions to the units and individuals shall commend or award in accordance with the relevant provisions of the State.

Article 30th place, heads of departments and units have one of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) modify data without authorization, data;

(B) tampering with investigations, force, incite land survey information, data or fabricate data;

(C) refuse, resist tampering with data, data or fabricate data for land surveying personnel retaliation.

31st land surveying personnel do not perform the national General land survey programmes and land surveys of local programmes, land-use classification standards and harmonization of technical regulations, or forgery, tampering with data, or force, incite surveyed units and individuals providing false data, shall be subject to punishment, and the people's Governments above the county level land and resources authorities, statistical agencies be criticized.

32nd units and individuals under investigation have one of the following acts, by the Department of land and resources of the people's Governments above the county level a rectification, may be fined not more than 50,000 yuan; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) refusing or impeding the investigators investigate according to law of the land;

(B) provide false data;

(C) refuse to provide information;
(D) transferring, concealing, tampering with or destroying records, land registers and other relevant information.

33rd of the local people's Governments at or above the county level shall have one of the following acts, by the higher people's Government criticized in serious cases, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) fails to complete the land investigations, being ordered to complete overdue to complete;

(B) the distortion of land survey data provided, were ordered to rectify, overdue correction.

The seventh chapter by-laws

34th military land survey shall be formulated by the competent authorities and the relevant military departments of land and resources in accordance with national regulations and called for specific measures.

Central unit using land survey data summary of content determination and application of the results of the management, by the land and resources department in conjunction with the management offices of agencies. 35th people's Government above the county level in accordance with the national land survey of overall programme programme established a land survey and land surveys of local leadership group, organizing and leading national land survey work.

If necessary, you can establish a land survey leading Group Office of land survey work. 36th article of the regulations come into force on the date of promulgation.