中华人民共和国测绘法(修订) Surveying and Mapping Law of the Peoples Republic of China
2009-03-24 法律英语 来源:互联网 作者: ℃Specific measures for summarizing and submitting surveying and mapping results shall be formulated by the State Council.
The administrative department for surveying and mapping under the State Council and the administrative departments for surveying and mapping under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall regularly compile catalogues of the surveying and mapping results and make them known to the general public.
Article 29 Units in charge of keeping the surveying and mapping results shall take measures to ensure the completeness and safety of the surveying and mapping results and, in accordance with relevant State regulations, make them known to the public and make them available for use.
If the surveying and mapping results belong to State secrets, the provisions of laws and administrative rules and regulations governing State secrets shall be applied; and in the event they are required to be provided to foreign organizations or individuals, the procedures of examination and approval laid down by the State Council and the Central Military Commission shall be followed.
Article 30 With respect to the surveying and mapping projects funded by public finance and those likewise funded for construction projects, the relevant departments shall, prior to giving approval to establishment of such projects, consult with the department for surveying and mapping under the people's government at the corresponding level. Where there are surveying and mapping results suitable to the projects, they shall be made full use of so as to prevent duplicate surveying and mapping.
Article 31 Where basic surveying and mapping results and other results of surveying and mapping completed with State investment are to be used for decision-making by State organs and for public welfare undertakings, they shall be provided gratis.
For results other than the ones specified in the preceding paragraph, the system for paid use shall be applied in accordance with law; but the government, the relevant government departments and the army may use them free of charge in their efforts to meet the needs of such public interests as taking precautions against natural calamities, ameliorating natural disasters and building up national defence.
Specific measures for use of surveying and mapping results shall be formulated by the State Council.
Article 32 Significant geographic information and data concerning the positions, elevations, depths, areas and lengths of the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall be examined and verified by the administrative department for surveying and mapping under the State Council, and then, after consultation with the relevant departments under the State Council and the competent department for surveying and mapping of the army, be submitted to the State Council for approval and published by the State Council or by the department authorized by it.
Article 33 People's governments at all levels shall tighten control over the drawing up, printing, publishing, displaying and carrying of maps so as to guarantee the quality of maps and safeguard the sovereignty, security and interests of the State. Specific measures in this respect shall be formulated by the State Council.
People's governments at all levels shall improve publicity and education among citizens in their awareness of the territory of the State and enhance their awareness of the importance of the State territory.
Article 34 Surveying and mapping units shall be responsible for the quality of the surveying and mapping results they have achieved. The administrative departments for surveying and mapping under the people's governments at or above the county level shall exercise strict supervision over the quality of t
he surveying and mapping results.
Chapter VII
Protection of Surveying Markers
Article 35 No units or individuals may damage, destroy or, without authorization, remove permanent surveying markers or temporary surveying markers in use, or seize or occupy the land used for permanent surveying markers; nor may they, within the security control area of a permanent surveying marker, conduct activities which endanger the safety and impair the effective use of the surveying markers.
For purpose of this Law, permanent surveying markers include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points, leveling points and satellite positioning points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at sea-bed geodetic points.
Article 36 A unit that establishes permanent surveying markers shall set up distinct signs for such markers, and entrust an appropriate local unit with the designation of persons specially for taking care of them.
Article 37 In carrying out engineering construction, the construction unit shall seek to get around permanent surveying markers; where it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the matter shall be subject to approval by the administrative department for surveying and mapping under the State Council or by such a department under the people's government of the relevant province, autonomous region or municipality directly under the Central Government. Where a military control point is involved, the matter shall be subject to consent by the competent department for surveying and mapping of the army. The construction unit shall bear all the expenses incurred as a result of the removal and reestablishment of such markers.
Article 38 When employing permanent surveying markers, the surveying and mapping persons shall hold their certificates for surveying and mapping operations and ensure that the markers remain in good condition.
Persons responsible for taking care of the surveying markers shall inspect and examine whether they are intact after employment.
Article 39 People's government at or above the county level shall take effective measures to improve protection of the surveying markers.
The administrative departments for surveying and mapping under the people's governments at or above the county level shall, in accordance with relevant regulations, inspect and maintain the permanent surveying markers.
People's governments at the township level shall successfully protect the surveying markers within their own administrative areas.
Chapter VIII
Legal Responsibility
Article 40 Any unit that, in violation of the provisions of this Law, commits one of the following acts shall be given disciplinary warning, ordered to make rectification, and may, in addition, be fined not more than RMB 100,000 yuan; and the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law;
(1) establishing, without approval, a relatively independent plane coordinate system; and
(2) when establishing geographic information systems, adopting the basic geographic information and data which do not conform to the norms of the State.
Article 41 Any unit that, in violation of the provisions of this Law, commits one of the following acts, shall be given disciplinary warning, ordered to make rectification, and may, in addition, be fined not more than 100,000 yuan; if the violation constitutes a crime, it shall be investigated for criminal responsibility in accordance with law; and if the violation is
not serious enough for criminal punishment, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law:
(1) when conducting surveying and mapping activities, adopting, without approval, international coordinate systems; and
(2) publishing, without authorization, significant geographic information and data concerning the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China.
Article 42 Anyone who, in violation of the provisions of this Law, and, without obtaining qualification certificates for surveying and mapping, engages in surveying and mapping activities shall be ordered to desist from the violation; his unlawful gains and surveying and mapping results shall be confiscated; and, in addition, he shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon.
Where a person engages in surveying and mapping activities with his qualification certificate for surveying and mapping obtained by fraudulent means, his certificate shall be revoked, his unlawful gains and surveying and mapping results shall be confiscated, and, in addition, he shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon.
Article 43 Where a surveying and mapping unit, in violation of the provisions of th
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