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Foreign Organizations Or Individuals In China Of Interim Measures For The Management Of Surveying And Mapping

Original Language Title: 外国的组织或者个人来华测绘管理暂行办法

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(January 19, 2007 Ministry of land and resources announced as of March 1, 2007, 38th) 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) not involving People's Republic of China's State secrets and (iii) 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) the mapping of aerial photography; (c) surveying and mapping of administrative boundaries and (iv) marine survey (v) topographic maps and normal maps prepared (vi) 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) consistent with the People's Republic of China surveying and mapping law, as well as the relevant provisions of laws and regulations for foreign investment, (ii) compliance with the relevant requirements of surveying and mapping quality management regulations, (iii) joint ventures and cooperative enterprises to China holding; (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) in the surveying and mapping quality management regulations required application materials, (ii) evidence of the Chinese party taking the holding; (c) the business license and (iv) surveying and mapping Administration Department under the State Council shall provide other materials. Tenth surveying and mapping the qualification in accordance with the following procedures shall be followed: (a) submission: joint ventures, cooperative enterprises shall be respectively of surveying and mapping administration under the State Council departments and their provincial, autonomous region, municipality directly under the administration of surveying and mapping agency of the Government to submit application materials, (ii) the first instance: 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. Province, and autonomous regions, and municipalities Government mapping administrative competent sector should in received trial notification Hou 20 a days within proposed trial views, and reported State mapping administrative competent sector; (three) review: State mapping administrative competent sector received trial views Hou 5 a days within sent army mapping competent sector with review, and in received with review views Hou 8 a days within made review decided; (four) issued certificate: review qualified of, by State mapping administrative competent sector issued corresponding grade of
    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. 11th article application one-time mapping of, should submitted following application material a type three copies: (a) application table; (ii) State and about sector or province, and autonomous regions, and municipalities Government of approved file; (three) according to legal regulations provides should submitted of about sector of approved file; (four) foreign of organization or personal of identity proved and about funding letter proved; (five) mapping activities of range, and route, and mapping precision and the mapping results form of description; (six) mapping activities Shi using of mapping instrument, and
    List and description of the software and equipment, (VII) 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: (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. By 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, should to State mapping administrative competent sector and province, and autonomous regions, and municipalities Government mapping administrative competent sector respectively submitted application material; (ii) trial: State mapping administrative competent sector in received application material Hou law made whether accepted of decided. 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. Province, and autonomous regions, and municipalities Government mapping administrative competent sector should in received trial notification Hou 20 a days within proposed trial views, and reported State mapping administrative competent sector; (three) review: State mapping administrative competent sector accepted Hou or received trial views Hou 5 a days within sent army mapping competent sector with review, and in received with review views Hou 8 a days within made review decided; (four) approved: granted one-time mapping of,
    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 article County above place Government mapping administrative competent sector, should strengthening on this administrative within to China mapping of supervision management, regularly on following content for check: (a) whether involved national security and secret; (ii) whether in mapping qualification certificate contains ming of business range within for; (three) whether according to State mapping administrative competent sector approved of content for; (four) whether according to People's Republic of China mapping results management Ordinance of about provides meeting make 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 survey and mapping document; (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.