Provisions On Administration Of Surveying And Mapping Market In Jiangsu Province

Original Language Title: 江苏省测绘市场管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340863.shtml

Provisions on administration of surveying and mapping market in Jiangsu Province

    (The people's Government of Jiangsu Province, on November 8, 2010 at the 55th Executive meeting on November 10, 2010, Jiangsu provincial people's Government promulgated as of January 1, 2011, 67th) Chapter I General provisions

    First in order to strengthen the surveying market integrated supervision, standardize mapping market order and protect legal rights mapping market, developing geographic information industry, promoting the development of science of surveying and mapping, according to the People's Republic of China surveying and mapping law, surveying and mapping in Jiangsu Province Ordinance and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Article in within the administrative area of the province engaged in surveying and mapping (GIS application development, surveying supervision) campaign management and supervision, shall comply with this regulation.

    Surveying market activity in these rules, is a mapping project in the Commission business, contract and the provision of related services.

    GIS application development in these rules refers to surveying and mapping activities in the use of computers, network technologies for a variety of geographic information and spatial positioning and data processing, communication to the public or providing related services.

    Third campaign engaged in surveying and mapping should be guided by honesty, equality and mutual benefit and fair competition, the principle of voluntary consultation, not Division, the blockade, the monopolies of surveying and mapping markets.

    Fourth work of the local people's Governments at or above the county level shall survey and Mapping Department (hereinafter referred to as competent Department of surveying and mapping Administration) is responsible for the unified supervision and management of surveying market within their respective administrative areas.

    Other relevant departments under the people's Governments at and above the county level and duties, are responsible for the surveying market-related work.

    Fifth article of any competent Department of surveying and mapping units and individuals have the right to Executive complaints or violations in a report surveying market activities.

    Surveying and mapping Administration Department shall, in conjunction with relevant government departments on survey campaign of complaints or reports to investigate, verify and investigate.

    Chapter II market main body

    Units engaged in surveying and mapping of the sixth article (hereinafter referred to as surveying and mapping unit), shall obtain a corresponding qualification of surveying and mapping and surveying qualification engaged in surveying and mapping activities within the scope of the license. Article seventh engaged in surveying and mapping activities of professional and technical personnel should have appropriate licensing conditions.

    Without obtaining the certificate of qualification of surveying and mapping, through the identification of vocational skills of surveying and mapping.

    Prohibition of lending, transferring, selling mapping and related professional and technical personnel qualification materials.

    Eighth survey and mapping unit in registration to set up branch offices shall handle the business and tax registration of branch business license unit of surveying and mapping and surveying and mapping certificates to the competent Department of surveying and mapping administration under the seat for the record.

    Branches should be in surveying and mapping units within the qualification of surveying and mapping in the surveying and mapping activities, and has contract mapping project for professional and technical personnel, surveying instruments and equipment condition. Nineth surveying and mapping unit contract mapping projects in the administrative area of the province, shall, in accordance with the regulations to the competent administrative Department of survey and mapping project mapping for the record.

    Using surveying markers shall pay a fee for survey and mapping infrastructure to be implemented by surveying and mapping.

    The tenth foreign organizations or individuals engaged in surveying and mapping activities in the administrative area of the province, in accordance with the People's Republic of China surveying and mapping law of the provisions of laws and regulations.

    Chapter III project contract 11th law mapping project bidding system.

    The following mapping projects, contracting should be by open tender or invitation to tender way:

    (A) the investment of more than 500,000 yuan of basic surveying and mapping projects;

    (B) use other mapping projects of State-owned capital of more than 500,000 yuan;

    (C) the use of State-owned capital construction project investment of more than 500,000 yuan used for surveying and mapping in the mapping project;

    (D) laws and other regulations should be mapping project of the tender.

    Approved by the Administrative Department of surveying and mapping, where the mapping project, the following mapping projects without public bidding:

    (A) national security or privacy sectors found that mapping projects involving national security and State secrets;

    (B) emergency and disaster mapping projects;

    (C) respond to emergencies need mapping projects;

    (D) the laws, regulations and other inappropriate mapping project of the tender.

    Contract for surveying and mapping unit shall be permitted to tender according to law break a project or in any other way to Dodge tender.

    12th tender units should be in accordance with the mapping project scale and conditions of technology requires a considerable level of qualification of surveying and mapping, set the minimum qualification of surveying and mapping units.

    Tender according to law of the 13th article of mapping projects, tender units should be in the tender document within five working days from the date of issue, mapping project tender time, place, manner, tender documents, reported to the competent Department of surveying and mapping of the location of the administrative record. 14th tender bid legally established by the tender evaluation Committee is responsible for.

    Evaluation Committee composed of five or more number of singular, surveying and mapping experts shall not be less than 50%, Evaluation Committee of experts from the competent Department of surveying and mapping administration of surveying and mapping established by evaluation experts randomly selected in the library.

    Mapping experts shall meet the following requirements:

    (A) engaged in surveying and mapping work for eight years and have senior professional titles or equivalent professional level;

    (B) be familiar with the laws and regulations relating to bidding;

    (C) to perform its duties seriously, impartial, honest, clean, professional. 15th mapping project bidding evaluation method is used.

    To meet the evaluation criteria set out in the tender documents of the bidder should be recommended for the successful candidates.

    Comprehensive evaluation method of indicators should include the following main elements:

    (A) the qualification of surveying and mapping units to tender conditions;

    (B) the bidder to complete the mapping project performance;

    (C) surveying and mapping technical design of the project;

    (D) mapping project quality assurance measures;

    (E) units of credit;

    (F) mapping project offers of the bidder;

    (G) units of service commitment;

    (VIII) other indicators should be in accordance with the assessment. 16th mapping project contracting units shall not force the surveying and Mapping Unit contracted at prices below production costs of surveying and mapping.

    Mapping project tendering and bidding prices below the cost of production of surveying and mapping, the bid invalid, shall, from among the remaining tenders to redefine the winning bidder or re-tendered. 17th mapping project contracting should be finance under the State Council and published by the Administrative Department of surveying and mapping of the surveying and mapping production cost quota basis for pricing.

    Mapping project has different categories, in surveying and mapping production cost can fixed price fluctuations within the standard range of upper and lower 15%.

    Using surveying markers mapping project, the out-contracting units mapping infrastructure charges should be included in the surveying and mapping production cost. 18th mapping project of the employer's contract with a contractor legal use of mapping contract demonstration text, specify the rights and obligations of both parties.

    Mapping contract demonstration text formulated by the Administrative Department of surveying and mapping, by State or province.

    Mapping project contract the two parties signed the contract should indicate the use of surveying and mapping results from sources and must not harm national security, public interest or the legitimate interests of others.

    19th mapping project contractors according to bid documents, non-mapping projects can be subcontracted to other, non-critical engineering surveying and mapping unit, but subcontracting may not exceed mapping project general contract of 40%, subcontract price shall not be less than subcontracting part of the surveying and mapping production cost.

    Accepted subcontracting of surveying and mapping unit shall have corresponding qualification of surveying and mapping, and shall not subcontract it again.

    20th bidding system of mapping projects is subject to supervision according to law.

    Mapping project the out-contracting units shall be entrusted with the appropriate supervision of surveying and mapping supervising the professional qualification of surveying and mapping units.

    With project management specialty of surveying and mapping quality of surveying and mapping unit shall be made on this contract supervision of the mapping project.

    21st engineer surveying and mapping supervisor, surveying and mapping shall not collude with surveying and mapping units or other units and individuals, falsification, damage national security, public interest or the legitimate interests of others.

    Surveying and mapping units to carry out the mapping project is responsible for the quality of the outcome, measure the outcome quality of the project management unit of its mapping project has a corresponding responsibility.

    The fourth chapter the geographic information application development

    22nd surveying and mapping administration authorities are responsible for developing geographic information industry development policy, establishment of geographical information sharing mechanism and building geographic information public service platform, guide and encourage the development and utilization of geographic information.

    23rd engaged in GIS application development unit in the acquisition, preservation, processing, supply, destruction of confidential geographic information confidential geographic information products, should abide by the confidentiality provisions of laws and regulations and take the necessary security measures, protection of confidential geographic information security. No unit or individual may illegally obtain and provide confidential geographic information.

    Really necessary to foreign organizations or individuals, as well as foreign-funded enterprises in the territory, surveying and mapping shall be submitted to the State Council Administrative Department of surveying and mapping Administration Department, or province, in conjunction with the approval of the military survey and Mapping Department, and in accordance with the relevant provisions of the treatment, remove leaking State secret information. 24th competent Department of surveying and mapping administration map market integrated supervision should be strengthened.

    Map drawing, print, publish, display, publish and otherwise make available prior to use, the relevant units should be submitted to the competent Department of surveying and mapping administration pursuant to the provisions, shall obtain the map drawing.

    No unit or individual shall not sell without approval by the Administrative Department of surveying and mapping maps and other mapping products.

    25th Internet site map or online maps published online download service, shall obtain the Internet publishing license issued by the Administrative Department of press and publication at the provincial level, and in front of the published maps and map production based on the report of surveying and mapping administration departments at the provincial level.

    No unit or individual shall not be on the Internet posting or dissemination of prejudicial to national sovereignty, security and interests of the geographic information.

    The fifth chapter credit

    26th surveying and mapping Administration Department should strengthen credit supervision of surveying and mapping, building surveying market credit platform, issue to the community of surveying and mapping units according to law qualification, performance, quality of surveying and mapping results, credit and other information.

    27th province can be authorized by the Administrative Department of surveying and mapping-related agencies in the administrative regions of the province engaged in market activities of surveying and mapping units and individual credit information collecting and credit information inquiry service.

    City divided into districts, counties (cities) shall be submitted by the Administrative Department of surveying and mapping surveying and mapping Administration Department to submit mapping within the administrative area of campaign regulated credit information.

    28th provincial surveying and mapping administration authorities are responsible for establishing scientific, objective and fair credit evaluation system of surveying and mapping, instruct relevant agencies to carry out surveying and mapping unit credit evaluation, in accordance with the relevant provisions of national and provincial surveying and mapping unit issued credit reports.

    29th shall assist the competent Department of surveying and mapping administration of surveying and mapping trade association market credit monitoring work of surveying and mapping, perfecting internal supervision and coordination mechanism, strengthening self-discipline, improve the credit consciousness of surveying and mapping units and their employees.

    30th survey and mapping unit shall be honest and trustworthy management, carry out surveying and mapping activities and participate actively in the construction of surveying and mapping market credit, submit survey information in a timely manner, reported acts of illegal surveying and mapping.

    Contract mapping project of surveying and mapping units should take the initiative to show the effective of credit reports.

    Sixth chapter market supervision

    31st Department of surveying and mapping administration shall, together with the relevant administrative departments, through inspection, inspection, on-site supervision on the mapping project tendering and bidding activities within their respective administrative areas supervisory management.

    Surveying and mapping Administration Department of survey and mapping project technical requirements, and bidding qualification of surveying and mapping and market credit, surveying and mapping expert judges qualifications, assessment methods and price monitoring. 32nd surveying and mapping unit contract a contract value in this province within the administrative area of more than 50,000 Yuan or surveying and mapping in construction project investment of over 50,000 yuan and mapping projects shall, within 15 working days from the date the contract is signed, technology of surveying and mapping of the unit certificate, the project design document, copy of the contract reported to the competent administrative Department of survey and mapping project mapping file.

    Contract mapping projects across boundaries shall be submitted on a common level of surveying and mapping administration departments.

    33rd record the competent Department of surveying and mapping administration mapping project should review the following:

    (A) the qualification of surveying and mapping of the surveying and mapping unit;

    (B) mapping project on surveying and mapping results;

    (C) mapping project of the contract price;

    (D) mapping project the coordinate systems and technical standards.

    Mapping project in violation of the law, regulations, and administrative departments should be required to correct the relevant departments and units.

    34th financial fund mapping projects and use of funds of construction engineering of surveying and mapping projects, approved by the relevant departments before approving the project shall solicit the views of the competent Department of surveying and mapping administration at the same level.

    Administrative Department in charge of surveying and mapping has been suitable for surveying and mapping results available, repeat mapping is not needed, the approval authorities shall not be approved, Finance Department shall cause the budget expenditure.

    35th Department of surveying and mapping administration and national security, confidentiality, the press, business, communications, the customs departments shall establish joint conference system, according to their respective duties, organize market supervision and inspection of maps and geographical information, mutual notification of regulatory conditions.

    36th Department of surveying and mapping administration shall establish a market dynamic inspection system of surveying and mapping, surveying and mapping projects and major projects related to people's livelihood project tracking management of surveying and mapping, regular market supervision of surveying and mapping information.

    Participation in the campaign of surveying and mapping units and individuals shall not be refused to the supervision of the competent Department of surveying and mapping administration shall organize checks.

    37th competent Department of surveying and mapping administration shall establish a system of administrative law enforcement supervision, public reports or complaints, to investigate and punish cases of illegal surveying and mapping, maintain order mapping market.

    When mapping surveying and mapping Administration Department of market supervision and inspection, and shall exercise the following powers:

    (A) ask the party or the person concerned, and asked it to provide information relevant to the suspected violations;

    (B) querying, checking, copy, with regard to the alleged violations, account books, bills, vouchers, documents and other information;

    (C) the inspection and property suspected of being illegal, in the case of evidence may be destroyed or lost or difficult to obtain later, saved may be registered according to law, the party or person concerned may refuse or transferred, concealed or destroyed.

    38th Department of surveying and mapping administration responsible for the Administration and management of surveying and mapping, according to the prescribed procedures published mapping statistics.

    Surveying and mapping unit shall, in accordance with the People's Republic of China Statistics Act and relevant regulations of the State, is true, accurate, complete and timely provision of data required in the surveys may not provide inaccurate or incomplete statistics, not late, refusing to report statistics.

    The seventh chapter legal liability

    39th article violation this provides 11th article of provides, should tender of mapping project not take tender way employer or avoid tender of, by mapping administrative competent sector ordered deadline corrected, can at project contract amount 5 per thousand above 10 per thousand following fine; on all or part using financial of mapping project, related sector can suspended financial funds allocated; on mapping project employer units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition.

    40th in violation of the provisions of paragraph one of this article 17th, surveying and mapping units to below production costs of surveying and mapping 85% the rates of fixed price contracts-mapping project, the Department of surveying and mapping administration rectification; it refuses can be fine at 1 time times the agreed remuneration of surveying and mapping.

    32nd 41st in violation of the provisions of the rules, surveying and mapping units are not in accordance with the provisions of the mapping project for the record, the Department of surveying and mapping administration rectification; refuses, surveying and mapping qualifications registered annual registration be suspended.

    42nd survey and mapping unit, one of the following acts, be informed by the competent Department of surveying and mapping administration, input credit files; the circumstances are serious, shall not participate in the administrative area of the province within two years mapping project and bidding activities:

    (A) provides false information in the mapping project bidding;

    (B) mapping project without good reason refused to sign a formal contract after winning;

    (C) unilateral failure to perform a mapping project contractual obligations;

    (Iv) does not comply with the statutory obligations were handled by administrative departments.

    43rd in violation of the provisions of the second paragraph of this article 38th from statistics institutions of local people's Governments above the county level to investigate and punish, and by the competent Department of surveying and mapping administration in accordance with the provisions of article 42nd to deal with it.

    44th in violation of this provision, the staff of the competent Department of surveying and mapping Administration does not perform its supervision and management of surveying market, criticized by his entity or his upper level organs; directly responsible and other persons directly responsible shall be given administrative sanctions.

    The eighth chapter supplementary articles 45th article of the regulations come into force on January 1, 2011. Of the provisions on administration of surveying and mapping in Jiangsu Province abolished at the same time.