Circular No. 32/2010/TT-BTNMT dated December 8, 2010 of the Ministry of Natural Resources and Environment on licensing of geodesic and cartographic activities

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Circular No. 32/2010/TT-BTNMT of December 8, 2010, on licensing of geodesic and cartographic activities

Pursuant to the Government's Decree No. 25/ 2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structural the Ministry of Natural Resources and Environment;

Pursuant to the Government's Decree No. 12/2002TND-CP of January 22, 2002, on geodesic and cartographic activities;

At the proposal of the director of the Department of Survey and Mapping of Vietnam and the director of the Legal Affairs Department,

The 'Ministry of Natural Resources and Environment provides the licensing of geodesic and cartographic activities as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the conditions, order, procedures and competence for granting supplementing and extending licenses for geodesic and cartographic activities.

Article 2. Subjects of application

1. The state management agency in charge of geodesy and cartography and  other concerned agencies.

2. Organizations and individuals engaged in
geodesic and cartographic activities in the territory of the Socialist Republic of Vietnam.

Article 3. Responsibilities of the agency managing and licensing geodesic and cartographic activities

1. To guide the order and procedures for 'dossier making and to provide forms of application for grant, supplementation, extension and re-grant of licenses for geodesic and cartographic activities.

2. To grant, supplement, extend and re-grant licenses for geodesic and cartographic activities under regulations.

3. To manage licensing dossiers of geodesic and cartographic activities.

4. To regularly and irregularly inspect licensed geodesic and cartographic organizations in observing the law on geodesy and cartography; to detect and handle violations according to its competence or propose their handling under law.

5. Annually, the Department of Survey and Mapping of Vietnam shall submit a report to the Minister of Natural Resources and Environment on the licensing of geodesic and cartographic activities nationwide, made according to Form No. 6 attached to this Circular (not printed herein).

Article 4. Responsibilities of geodesic and cartographic organizations

1. To make dossiers of application for licenses for geodesic and cartographic activities and submit them to a competent state agency under
regulations.

2. To take responsibility for the truthfulness of their dossiers of application for licenses for geodesic and cartographic activities.

3. To pay fees for licenses for geodesic and cartographic activities under law.

4. To report in writing to the Department of Survey and Mapping of Vietnam when occurs change in the representative at law or technical supervisor; major change in technical personnel or equipment and technology after obtaining the license, which affects licensed activities: or change in the head office address. For the organizations specified at Point b. Clause 2 of Article 8, to concurrently report such change to provincial-level Natural Resources and Environment Departments.

5. An organization licensed for geodesic and cartographic activities shall make a dossier of application for a new license when it changes its name or form of operation. It shall return the previous license to a competent licensing state agency for destruction.

Chapter II

GRANT. SUPPLEMENTATION ANDEXTENSION OF LICENSES FOR GEODESIC AND CARTOGRAPHIC ACTIVITIES

Article 5. List of geodesic and cartographic activities required of licenses

1. Surveying, projecting and making technical designs - cost estimates of geodesic and cartographic works.

2. Inspecting and appraising quality of geodesic and cartographic works and products.

3. Building national networks of coordinates and altitudes.

4. Building base points for gravity, astronomy, coordinates and altitudes.

5. Aerial topographic photography and scanning.

6. Surveying and making topographic maps of different scales.

7. Surveying and making topographic maps of seabed of different scales.

8. Surveying and making cadastral maps of different scales. 

9. Making administrative maps of all levels.

10. Surveying and making administrative boundary maps of all levels.

11. Forming a geodesic and cartographic database.      

12. Forming a geographical information database.       

13. Making special-use maps.

14. Making geographical atlas.

5. Surveying and measuring works.

16. Inspecting measuring equipment.

Article 6. Conditions for obtaining a license for geodesic and cartographic activities

1. A domestic organization may be licensed for geodesic and cartographic activities when fully meeting the following conditions:

a/ Having an establishment decision issued by a competent state agency, which prescribes its geodesic and cartographic functions and tasks, for a non-business unit: having a business registration certificate of geodesic and cartographic business line, for a business;

b/ Having a number of technicians within the payroll limit prescribed in econo-technical norms of geodesic and cartographic work to carry out activities to be licensed;

c/ The technical supervisor holds a tertiary or higher degree in a major relevant to geodesic and cartographic activities to be licensed, with at least three (3) years working in the geodesic and cartographic field; meets health requirements and does not-concurrently work as technical supervisor in another geodesic and cartographic organization:

d/ Having geodesic and cartographic equipment and technology conformable with equipment norms prescribed in econo-technical norms of geodesic and cartographic work to carry out activities to be licensed.

2. A foreign investment organization may be licensed for geodesic and cartographic activities when possessing an investment license granted by a competent Vietnamese state agency and fully meeting the conditions specified at Points b, c and d, Clause 1 of this Article.

3. A foreign organization other than that specified in Clause 2 of this Article may be licensed for geodesic and cartographic activities when having a geodesic and cartographic contract with a domestic organization or a foreign investment organization in Vietnam and fully meeting the conditions specified at Points b, c and d, Clause 1 of this Article. The licensed validity is based on the work construction time stated in the contract, but not exceeding five (5) years.

Article 7. Competence to grant, supplement and extend licenses for geodesic and cartographic activities

The Department of Survey and Mapping of Vietnam is competent to grant, supplement and extend licenses for geodesic and cartographic activities.

Article 8. Procedures for licensing geodesic and cartographic activities

1. A geodesic and cartographic organization shall make a dossier of application for a license for geodesic and cartographic activities. A dossier comprises:

a/ An application for a license for geodesic and cartographic activities made according to Form No. 1 attached to this Circular (not printed herein):

b/ A copy of the establishment decision or business registration certificate certified by a competent state agency, for an organization specified in Clause 1 of Article 6; a copy of the investment license certified by a competent state agency, for an organization specified in Clause 2 of Article 6; a notarized geodesic and cartographic contract, for an organization specified in Clause 3. Article 6 of this Circular;

c/ Copies of professional diplomas and certificates certified by a competent state agency, labor contracts of the technical supervisor and geodesic and cartographic technicians; curriculum made according to Form No. 8 attached to this Circular (not printed herein) appointment decision and health certificate of the technical supervisor;

d/ Legal papers on ownership of equipment and technology to carry out activities to be licensed.

2. Order of dossier submission and licensing

a/ Applicants for licenses for geodesic and cartographic activities under ministries, ministerial-level agencies and government-attached agencies: central agencies of political, socio-political and socio-professional organizations; and corporations established by the Prime Minister; and foreign organizations shall submit one (1) set of dossier to the Department of Survey and Mapping of Vietnam.

Within five (5) working days after receiving a complete and valid dossier, the Department of Survey and Mapping of Vietnam shall appraise the dossier, make an appraisal report according to Form No. 2 attached to this Circular (not printed herein), and grant a license for geodesic and cartographic activities to an eligible applicant. For an ineligible applicant, it shall issue a written reply stating the reason.

b/ Applicants other than those specified at Point a. Clause 2 of this Article shall submit two (2) sets of dossier to provincial-level Natural Resources and Environment Departments.

Within five (5) working days after receiving a complete and valid dossier, a provincial-level Natural Resources and Environment Department shall appraise the dossier, make an appraisal report according to Form No. 2 attached to this Circular, and send this report enclosed with one (1) set of dossier to the Department of Survey and Mapping of Vietnam. Within five (5) working days after receiving a complete and valid dossier, the Department of Survey and Mapping of Vietnam shall consider and grant a license for geodesic and cartographic activities to an eligible applicant. For an ineligible applicant, it shall issue a written reply stating the reason and concurrently notify such to the provincial-level Natural Resources and Environment Department.

3. When a license for geodesic and cartographic activities is lost, torn, rumpled or damaged and no longer usable, its owner shall submit to the Department of Survey and Mapping of Vietnam an application for another license made according to Form No. 5 attained to this Circular (not printed herein). When receiving a valid application, the Department Survey and Mapping of Vietnam shall re-grant-a license within three (3) working days. The validity of this license is that of the previous one.

Article 9. Scope and validity of licenses for geodesic and cartographic activities

1. Licenses for geodesic and cartographic activities are valid nationwide.

2. The validity of a license for geodesic and cartographic activities is five (5) years. When a license expires, its owner may request a competent state agency to extend it license may be extended once (1) for not more than three (3) years.     .

3. The Department of Survey and Mapping of Vietnam shall issue licenses for geodesic and cartographic activities according to Form No. 9 attached to this Circular (not printed herein).

Article 10. Supplementation of licenses for geodesic and cartographic activities

1. In the course of its operation, an organization which is capable of expanding its operation scale and fields may obtain a license for geodesic and cartographic activities with additional contents.

2. An applicant for a license for geodesic and cartographic activities with additional contents shall make two (2) sets of dossier. A dossier comprises:

a/ An application for supplementation of a license for geodesic and cartographic activities made according to Form No. 3 attached to this Circular (not printed herein);

b/ A report on its geodesic and cartographic activities since it obtains the license, made according to Form No. 7 attached to this Circular (not printed herein);

c/ Documents and records on additional personnel, equipment and technology specified at Points c and d. Clause 1, Article 8 of this Circular after obtaining the license;

d/ The license for geodesic and cartographic activities.

3. Dossier submission and appraisal and supplementation of a license for geodesic and cartographic activities comply with Clause 2, Article 8 of this Circular;

Article 11. Extension of licenses for geodesic and cartographic activities

1. An applicant for extension of a license for geodesic and cartographic activities shall make one (1) set of dossier, comprising:

a/ An application for extension of a license for geodesic and cartographic activities made according to Form No. 4 attached to this Circular (not printed herein);

b/ A report on its geodesic and cartographic activities since it obtains the license, made according to Form No. 7 attached to this Circular;

c/ The license for geodesic and cartographic activities.

2. A dossier of application for license extension shall be submitted to the Department of Survey and Mapping of Vietnam at least thirty ( (30) days before the license expires.

When receiving a complete and valid dossier, the Department of Survey and Mapping of Vietnam shall extend a license for geodesic and cartographic activities within three (3) working days to an eligible applicant. For an ineligible applicant, it shall issue a written reply stating the reason.

When a license for geodesic and cartographic activities expires under Clause 2, Article 9 of this Circular, an organization shall make a dossier of application for a new license under Article 8 of this Circular.

Chapter III

IMPLEMENTATION PROVISIONS

Article 12. Effect

1. This Circular takes effect on January 22, 2011.

2. This Circular replaces the Natural Resources and Environment Ministry's Decision No. 05/2004/QD-BTNMT of May 4, 2004, promulgating the Regulation on registration and licensing of geodesic and cartographic activities.

Article 13. Handling of matters arising from the promulgation of this Circular

1. The validity of written registrations of geodesic and cartographic activities granted under the Natural Resources and Environment Ministry's Decision No. 05/2004/QD-BTNMT of May 4, 2004, terminates on the effective date of this Circular.

2. Organizations licensed for geodesic and cartographic activities before the effective date of this Circular that wish to add activities or extend their licenses shall make a dossier of application for a new license under this Circular.

3. The validity of licenses for geodesic and cartographic activities granted before the effective date of this Circular is provided as follows:

a/ Licenses that are valid up to December 31, 2015, will remain valid up to the time stated in the licenses:

b/ Licenses that are valid beyond December 31, 2015, will terminate their validity on December 31, 2015.

Article 14. Organization of implementation

The director of the Department of Survey and Mapping of Vietnam and directors of provincial-level Natural Resources and Environment Departments shall monitor and inspect the implementation of this Circular. Any problems arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment.-

For the Minister of Natural Resources and Environment

Deputy Minister

NGUYEN MANH HIEN