Ministry Of Land And Resources On Amending The Foreign Organizations Or Individuals Decision To Interim Measures For The Administration Of Surveying And Mapping In China

Original Language Title: 国土资源部关于修改《外国的组织或者个人来华测绘管理暂行办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349571.shtml

Ministry of land and resources on amending the foreign organizations or individuals decision to interim measures for the administration of surveying and mapping in China

    (April 27, 2011 Ministry of land and resources announced come into force on the date of promulgation, 52nd) in order to safeguard the Socialist legal system, further improve the legal system of land and resources, decisions on the foreign organizations or individuals in China of the interim measures for the administration of surveying and mapping (Ministry of land and resources, 38th), make the following modifications:

    A, seventh, fifth amendment: "topographic maps, the world political map, the national administrative map, and below the provincial level administrative map, national teaching teaching maps, local maps, and true three-dimension maps of". Eighth, the second paragraph of article III be amended as: "joint ventures, cooperative enterprises shall be Chinese holdings.

    Foreign organizations or individuals in the People's Republic of China only apply for Internet mapping services surveying and mapping qualifications in the field, must be legally established joint venture, and the proportion of the foreign investor's investment in the joint venture, ultimately may not exceed 50% ".

    , Nineth article is revised as follows: "China holding supporting documents (application for Internet mapping services surveying and mapping qualifications, must provide evidence of the proportion of foreign investment shall not exceed 50%)".

Four, as of the date of promulgation of the present decision.



The foreign organizations or individuals in China of the interim measures for the administration of surveying and mapping under this decision be revised accordingly, republished.

  Report: foreign organizations or individuals to interim measures for the administration of surveying and mapping in China 2011 (revised)

    (January 19, 2007 People's Republic of China Ministry of land and resources announced on April 27, 2011 the Ministry decree 38th 52nd release come into force on the date of promulgation of the Ministry of land and resources on changes of foreign organizations or individuals in China amended the decision on the interim measures for the administration of surveying and mapping)

    Of the first order to foreign organizations or individuals in the People's Republic of China fields engaged in surveying and mapping activities and other sea areas under the jurisdiction of the management, safeguarding national security and interests and enhance exchanges and cooperation in economy, science and technology, in accordance with the People's Republic of China Law on surveying and mapping and other relevant laws and regulations, these measures are formulated.

    Article by foreign organizations or individuals in the People's Republic of China area and other sea areas under the jurisdiction to engage in surveying and mapping activities (hereinafter referred to as China surveying and mapping), these measures shall apply.

Third China surveying and mapping should be guided by the following principles:

(A) must comply with the People's Republic of China laws and regulations and the relevant provisions of the State;

(B) shall not involve People's Republic of China's State secrets;

    (C) shall not endanger the People's Republic of China's national security. 

The fourth section surveying and mapping Administration Department under the State Council in conjunction with the competent departments responsible for approval of China surveying and mapping of military surveying and mapping.

    Competent Department of surveying and mapping administration under the people's Governments at or above the county level in accordance with the laws, administrative rules and regulations stipulation, to perform duties of supervision and administration of surveying and mapping in China. Fifth China surveying and mapping shall meet the requirements of surveying and mapping management scope of State secrets.

    Surveying and mapping activities related to national defence and other parts of the country or the State secret of the industry, from the scope of State secret provisions of its competent authorities.

Article sixth of foreign organizations or individuals in the People's Republic of China surveying in the field must be People's Republic of China related Department or unit to take the form of joint venture, cooperation within the law (hereinafter referred to as joint venture, cooperation, surveying and mapping).

In the form of joint venture, cooperation referred to in the preceding paragraph refers, in accordance with the People's Republic of China Law on Sino-foreign joint ventures and the People's Republic of China provides for the establishment of the Sino-foreign contractual joint ventures joint ventures and cooperative enterprises.

    By State and about sector or province, and autonomous regions, and municipalities Government approved, foreign of organization or personal to China carried out technology, and culture, and sports, activities Shi, need for one-time mapping activities of (following referred to one-time mapping), can not established joint venture, and cooperation enterprise, but must by State mapping administrative competent sector with army mapping competent sector approved, and and People's Republic of China of about sector and units of mapping personnel common for.

Seventh joint venture, cooperation, surveying and mapping shall not engage in the following activities:

(A) geodesy;

(B) mapping of aerial photography;

(C) surveying and mapping of administrative boundaries;

(D) marine surveying and mapping;

(E) maps, world political map, the national administrative map, and below the provincial level administrative map maps, local, national teaching teaching and three-dimensional maps of the establishment;

(F) navigation digital map preparation;

    (VII) other surveying and mapping activities of the competent Department of surveying and mapping administration under the State Council.

The eighth joint venture, cooperation, surveying and mapping should be issued by the competent Department of surveying and mapping administration under the State Council made the certificate of qualification of surveying and mapping.

Joint ventures and cooperative enterprises to apply for survey and mapping qualifications shall satisfy the following conditions:

(A) in accordance with the People's Republic of China surveying and mapping law as well as relevant provisions of laws and regulations for foreign investment;

(B) in accordance with the relevant requirements of the surveying and mapping quality management regulations; (C) joint ventures and cooperative enterprises to Chinese holdings.

Foreign organizations or individuals in the People's Republic of China only apply for Internet mapping services surveying and mapping qualifications in the field, must be legally established joint venture, and the proportion of the foreign investor's investment in the joint venture, eventually may not exceed 50%;

    (D) have legal registration, and People's Republic of China legal personality.

Nineth joint ventures, cooperative enterprises to apply for qualification of surveying and mapping should provide the following materials:

(A) of the surveying and mapping quality management regulations of the requested application materials;

(B) evidence of the Chinese party taking the holding (only apply for Internet mapping services surveying and mapping qualifications, must provide evidence of the proportion of foreign investment shall not exceed 50%);

(C) the business license;

    (D) the competent Department of surveying and mapping administration under the State Council shall provide other materials.

Tenth surveying and mapping the qualification in accordance with the following procedures shall be followed:

(A) submit an application: joint ventures, cooperative enterprises shall be respectively of surveying and mapping administration under the State Council departments and the seat of the provinces, autonomous regions and municipalities of surveying and mapping Administration Department application materials; (B) trial: surveying and mapping Administration Department under the State Council in making admissibility decisions according to law after receiving the application materials. Decision of admissibility, shall promptly notify the provinces, autonomous regions and municipalities directly under the competent Department of surveying and mapping administration under the people's Government at first instance.

The provinces, autonomous regions and municipalities directly under the competent Department of surveying and mapping administration under the people's Governments shall, within 20 working days after receiving the notification of first instance trial observations made, and reported to the competent Department of surveying and mapping administration under the State Council;

(C) review: surveying and mapping Administration Department under the State Council within 5 working days after receiving the preliminary review opinions sent military mapping departments review and received in conjunction with the review within 8 working days of the review decision;

    (Iv) issuance of certificate: examination, by the competent Department of surveying and mapping administration under the State Council issued the corresponding certificate of qualification of surveying and mapping review failed, no permission shall be formulated by the competent Department of surveying and mapping Administration made decisions.

Section 11th for a one-time survey, shall submit the following documents in triplicate:

(A) the application form;

(B) and the relevant departments under the State Council or the approval documents of the people's Governments of provinces, autonomous regions and municipalities;

(C) in accordance with the laws and regulations shall be submitted to the approval documents of the departments concerned;

(D) foreign organizations or individuals related to the identification and credit certificate;

(E) the scope of surveying and mapping activities, routes, precision of surveying and mapping and surveying and mapping results form instructions;

(F) mapping to use when surveying instruments, software, and device listing and description;

    (G) the People's Republic of China surveying and mapping product description does not meet the project needs.

12th one-time survey shall be made in accordance with the following procedures approved by the competent Department of surveying and mapping administration under the State Council document:

(A) submit an application: approved by the State Council and other relevant departments, foreign organization or individual to carry out science and technology, culture, sports and other activities, need for one-time activities of surveying and mapping, application materials shall be submitted to the competent Department of surveying and mapping administration under the State Council.

Approved by the people's Governments of provinces, autonomous regions and municipalities, foreign organization or individual to carry out science and technology, culture, sports and other activities, requires a one-time survey and mapping activities, shall provide the competent Department of surveying and mapping administration under the State Council and provinces, autonomous regions and municipalities submit application materials by the Administrative Department of surveying and mapping; (B) trial: surveying and mapping Administration Department under the State Council in making admissibility decisions according to law after receiving the application materials. Approved by the people's Governments of provinces, autonomous regions and municipalities, foreign organization or individual to carry out science and technology, culture, sports and other activities, need for one-time activities of surveying and mapping, surveying and mapping Administration Department under the State Council accepted, shall notify the provinces, autonomous regions and municipalities of surveying and mapping administration departments at first instance.

The provinces, autonomous regions and municipalities directly under the competent Department of surveying and mapping administration under the people's Governments shall, within 20 working days after receiving the notification of first instance trial observations made, and reported to the competent Department of surveying and mapping administration under the State Council;

(C) review: surveying and mapping Administration Department under the State Council accepted or within 5 working days after receiving the preliminary review opinions sent military mapping departments review and received in conjunction with the review within 8 working days of the review decision;

    (D) approval: granting a one-time survey and mapping, and legally served on the applicant by the competent Department of surveying and mapping administration under the State Council approval documents and cc: mapping the location of provinces, autonomous regions and municipalities directly under the administration of surveying and mapping agency of the Government; disapproving a one-time survey, shall make a written decision.

    13th law require hearings, inspection, testing, verification and expert review, not counting the time required within the period specified in, but should be required to inform the applicant in writing. 14th joint ventures, cooperative enterprises shall set forth the scope of business of the qualification certificate of survey and mapping in the surveying and mapping activities.

One-time survey and mapping should be approved by the competent Department of surveying and mapping administration under the State Council.

    Joint venture, cooperation or one-time survey of surveying and mapping, China surveying and mapping personnel should be guaranteed full participation in specific activities of surveying and mapping.

The 15th China surveying and mapping results management in accordance with the provisions of laws and regulations relating to surveying and mapping results management.

    China belongs to the Chinese Department or unit of surveying and mapping results, without legal approval, shall not in any way carry surveying or transferred abroad.

16th competent Department of surveying and mapping administration under the people's Governments at and above the county level should strengthen supervision and administration of China surveying and mapping within their respective administrative areas, regularly check the following:

(A) whether national security and secret;

(B) whether the business set forth in the certificate of qualification of surveying and mapping within;

(C) whether the content approved by the competent Department of surveying and mapping administration under the State Council;

(D) whether, in accordance with the People's Republic of China submitted the relevant provisions of the regulations on the administration of surveying and mapping results of surveying and mapping results copy or directory;

    (E) ensure full participation in specific activities of surveying and mapping of China surveying and mapping personnel.

17th article violates these rules, laws and regulations provides for administrative penalties, from its provisions.

    Violation of these rules, to surveying and mapping in China involving People's Republic of China national secrets or endanger People's Republic of China National Security Act shall be investigated for criminal liability. 18th in violation of these rules, any of the following acts shall be formulated by the competent Department of surveying and mapping Administration revoke approval document shall be ordered to stop surveying and mapping activities, fines of between 30,000 yuan. Heads of departments directly responsible for China and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

On the formation of surveying and mapping results to be collected by law:

(A) means of forged supporting documents, provides false materials, obtaining a one-time mapping document of approval;

    (B) beyond a one-time approval document content to engage in surveying and mapping activities of surveying and mapping.

    19th article violates these rules, without approval to carry or transfer abroad of surveying and mapping results shall be formulated by the competent Department of surveying and mapping administration under penalty of between 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    20th to surveying and mapping in China involving the approval of other laws and regulations, shall be subject to the approval of the competent authorities.

    The 21st Hong Kong S.A.R., and Macau S.A.R., and Taiwan region organization or individual to engage in surveying and mapping activities in the Mainland, in accordance with the measures for management. 22nd article this way come into force on March 1, 2007.