中华人民共和国测绘法（修订） Surveying and Mapping Law of the Peoples Republic of China

is Law， commits one of the following acts， it shall be ordered to desist from the violation， its unlawful gains and surveying and mapping results shall be confiscated， it shall be fined not less than the amount of， but not more two times the amount of， the remuneration for surveying and mapping agreed upon， and it may， in addition， be ordered to suspend operation for shake-up or its qualification may be downgraded； and if the circumstances are serious， its qualification certificates for surveying and mapping shall be revoked：

　　（1） engaging in surveying and mapping activities by exceeding the scope allowed for its grade of qualification；

　　（2） engaging in surveying and mapping activities in the name of another surveying and mapping unit； and

　　（3） permitting another unit to engage in surveying and mapping activities in its name.

　　Article 44 Where a unit， in violation of this Law， contracts out a surveying and mapping project to a unit that does not possess the necessary qualification grade or forces a surveying and mapping unit to undertake the contract at a price lower than the cost of surveying and mapping， it shall be ordered to put it right， and it may be fined not more than two times the amount of the remuneration for surveying and mapping agreed upon. Where a staff member of the unit that contracts out a project， taking advantage of his position， extorts or illegally accepts money or things of value from another person or seeks benefits for another person， which constitutes a crime， he shall be investigated for criminal responsibility in accordance with law； and if the violation is not serious enough for criminal punishment， he shall be given administrative sanctions in accordance with law.

　　Article 45 Where a surveying and mapping unit， in violation of the provisions of this Law， subcontracts a surveying and mapping project to another unit， it shall be ordered to put it right， its unlawful gains shall be confiscated， it 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， and it may， in addition， be ordered to suspend operation for shake-up or its qualification may be downgraded； and if the circumstances are serious， its qualification certificate for surveying and mapping shall be revoked.

　　Article 46 Anyone who， in violation of the provisions of this Law and wi

thout being qualified for the practice of surveying and mapping， engages in surveying and mapping activities shall be ordered to desist from the violation， his unlawful gains shall be confiscated， and he may， in addition， be fined not more than two times the amount of his unlawful gains； and if losses are caused， he shall bear the responsibility to pay compensation in accordance with law.

　　Article 47 Any unit or individual that， in violation of the provisions of this Law， fails to summarize and submit the materials of its/his surveying and mapping results， it/he shall be ordered to summarize and submit the materials within a specified time limit； if it/he fails to do so at the expiration of the time limit， the investor for the surveying and mapping project shall be fined not less than the amount of， but not more than two times the amount of， the expenses entailed by resurveying and remapping of the project； and the unit undertaking the surveying and mapping project invested by the State shall be fined not less than 10，000 yuan but not more than 50，000 yuan and its qualification certificate for surveying and mapping shall be temporarily taken away； if the unit still fails to summarize and submit the materials of the surveying and mapping results within six months counted from the date its qualification certificate is temporarily taken away， its qualification certificate shall be revoked， and the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.

　　Article 48 Where a surveying and mapping unit， in violation of the provisions of this Law， achieves unqualified results， it shall be ordered to conduct make-up surveying and mapping or to resurvey and remap the project； if the circumstances are serious， it shall be ordered to suspend operation for shake-up， its qualification be downgraded， or its qualification certificate for surveying and mapping be revoked； and if losses are caused to the user， it shall bear the responsibility to pay compensation to the user in accordance with law.

　　Article 49 Where， in violation of the provisions of this Law， mistakes or omissions are made or secredts are divulged in the maps compiled， printed， published， displayed or carried， which endangers the sovereignty or security of the State and damages the interests of the State and thus constitutes a crime， criminal responsibility shall be investigated in accordance with law； and if the violation is not serious enough for criminal punishment， administrative penalties or sanctions shall be given in accordance with law.

　　Article 50 Any unit or individual that， in violation of the provisions of this Law， commits one of the following acts shall be given a disciplinary warning and be ordered to make rectification， and may， in addition， be fined not more than 50，000 yuan； if losses are caused， it/he shall， in accordance with law， bear the responsibility to pay compensation； if a crime is constituted， criminal responsibility shall be investigated 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 given administrative sanctions in accordance with law：

　　（1） damaging， destroying or， without authorization， removing permanent surveying markers or temporary surveying markers in use；

　　（2） seizing or occupying the land used for permanent surveying markers；

　　（3） within the security control area of a permanent surveying marker， conducting activities which endanger the safety and impair the effective use of the surveying markers；

　　（4） within the scope of the land occupied by surveying markers， constructing buildings which impair their effective use；

　　（5） without authorization， dismantling permanent surveying markers or rendering them ineffective， or refusing to pay the expenses entailed by the

removal and reestablishment of the markers； and

　　（6） damaging or destroying permanent surveying markers through violation of the operating rules.

　　Article 51 Any unit or individual that， in violation of the provisions of this Law， commits one of the following acts shall be ordered to desist from the violation， the surveying and mapping results and tools shall be confiscated， and it/he shall be fined not less than 10，000 yuan but not more than 100，000 yuan； if the circumstances are serious， it/he shall be fined not less than 100，000 but not more than 500，000 yuan and shall be ordered to leave the country within a specified time limit； and if the surveying and mapping results gained belong to State secrets and a crime is constituted， it/he shall be investigated for criminal responsibility in accordance with law：

　　（1） in the case of foreign organizations or individuals， without approval， engaging in surveying and mapping activities in the territorial air， land and waters， as well as other sea areas under the jurisdiction of the People's Republic of China； and

　　（2） in the case of foreign organizations or individuals， without joining an equity or contractual joint venture with the relevant department or unit of the People's Republic of China， engaging in surveying and mapping activities in the territorial air， land and waters， as well as other sea areas under the jurisdiction of the People's Republic of China.

　　Article 52 The administrative penalties involving the downgrading of qualifications， temporary taking away of the qualification certificates for surveying and mapping and revoking of such certificates， as provided for by this Law， shall be decided on by the department that issues such certificates； and the other administrative penalties shall be decided on by the administrative departments for surveying and mapping under the people's governments at or above the county level.

　　The order for leaving the country within a specified time limit， as provided for in Article 51 of this Law， shall be decided on by the public security organ.

　　Article 53 Where a functionary of the administrative department for surveying and mapping under the people's government at or above the county level， in violation of the provisions of this Law， and by taking advantage of his function， accepts another person's money or things of value or other benefits， or neglects his duties， verifies and issues a qualification certificate for surveying and mapping to a unit that does not meet the statutory requirements， fails to perform his duty of supervision in accordance with law， or fails to investigate and punish the violations of law discovered， thus causing serious consequences， which constitutes a crime， he shall be investigated for criminal responsibility in accordance with law； and directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.

　　Chapter IX

　　Supplementary Provisions

　　Article 54 Administrative measures for military surveying and mapping shall be formulated by the Central Military Commission in accordance with the provisions of this Law.

　　Article 55 This Law shall go into effect as of December 1， 2002

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