Decree No. 03/2019/ND-CP remote sensing activities

DECREE

On remote sensing activities^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 14, 2018 Law on Survey and Mapping;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree on remote sensing activities.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the remote sensing image data acquisition system; acquisition, archive, processing, provision, exploitation and use of remotely sensed image data; and development of the remote sensing image database.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals related to remote sensing activities in the territory of the Socialist Republic of Vietnam.

Article 3.Interpretation of terms

In this Decree, the terms and expressions below are construed as follows:

1. Remote sensing means a scientific-technological branch that enables the study and collection of information about geographical objects without making physical contact with them.

2. Remotely sensed image data means information about and images of geographical objects obtained from reconnaissance satellites.

3. Remote sensing activities include those related to the remote sensing image data acquisition system; acquisition, archive, processing, provision, exploitation and use of remotely sensed image data; and development of the remote sensing image database.

4. Infrastructure facilities for acquisition of remotely sensed image data include stations for receiving remotely sensed data and stations for controlling reconnaissance satellites.

5. Remote sensing products include remotely sensed image data, raw remotely sensed image data, raw remotely sensed image data with radiometric or geometric corrections and specialized information and data extracted from remotely sensed image data.

6. Remotely sensed metadata means information describing remotely sensed data and remote sensing products, including content, origin, quality and other relevant information.

Article 4.Principles of remote sensing activities

1. Remotely sensed image data, metadata and remote sensing products shall be regularly updated and sufficiently, accurately and promptly provided to meet requirements of socio-economic development, observation, natural resources and environment surveillance, search and rescue, natural disaster prevention and control, and national defense and security.

2. Infrastructure facilities for acquisition of remotely sensed image data built with state budget funds are public assets which shall be delivered, commonly used, managed and protected in accordance with law.

3. The national remote sensing image database shall be maintained, operated and regularly updated in order to develop and update the national geographic database, national topographic maps and national geospatial data, and must comply with the law on cyber security.

4. Central budget funds shall be provided for the ministries, ministerial-level agencies and government-attached agencies to perform the state management of remote sensing; build and operate the remote sensing image data acquisition system; acquire, archive, process, provide, exploit and use remotely sensed image data; and develop the remote sensing image database.

5. Local budget funds shall be provided for People’s Committees at all levels to perform the state management of remote sensing; acquire, archive, process, provide, exploit and use remotely sensed image data; and develop remote sensing image databases under their management.

Article 5.List of prioritized remote sensing-related scientific and technological activities

1. Study of scientific grounds for improving institutions and regulations on remote sensing.

2. Research and development, application and transfer of high, advanced and new technologies in remote sensing activities to serve baseline survey, management, observation and supervision of the exploitation and use of natural resources, and environmental protection; natural disaster prevention, control and mitigation, response to climate change, rescue and salvage, and remediation of environmental incidents; organization and management of territory, national defense, security, direction and administration in agricultural production; basic research of the earth.

Article 6.Application of remotely sensed image data

Remotely sensed image data shall be exploited and used to serve the following activities:

1. Observation and supervision of environmental pollution: soil and water pollution caused by household waste and industrial waste; air pollution caused by industrial and household exhausts; environmental pollution caused by natural disasters or toxic natural minerals dispersed into the environment; inventory of greenhouse gas emissions.

2. Collection of information and data; analysis, survey, assessment and monitoring of natural resources and environment on a regular or an irregular basis in order to make reports to serve socio-economic development; natural disaster prevention and control; drought surveillance, wildfire warning, flood information, rescue and salvage and response to climate change; actual state of agricultural production.

3. Drawing and updating of specialized maps and specialized databases on natural resources, environment and climate change; drawing of geological maps of all scales.

4. Updating of the national geographic database and national topographic map system.

5. National defense and security.

Chapter II

REMOTE SENSING IMAGE DATA ACQUISITION SYSTEM

Article 7.Remote sensing image data acquisition system

The remote sensing image data acquisition system consists of reconnaissance satellites, infrastructure facilities for acquisition of remotely sensed image data, the remotely sensed image data storage and processing system, and the remotely sensed image data transmission network.

Article 8.Reconnaissance satellites

1. Reconnaissance satellites are artificial satellites equipped with remote sensors to collect information about geographical objects.

2. The building and development of reconnaissance satellites with state budget funds for the purposes of socio-economic development, national defense, security, natural resources and environmental management, natural disaster prevention and control, rescue and salvage, and response to climate change shall be carried out under plans approved by the Prime Minister.

3. The agency in charge of operation of reconnaissance satellites shall annually report on the operation of reconnaissance satellites and transmission of remote sensing satellite signals to the Ministry of Natural Resources and Environment for summing up and reporting to the Prime Minister. Irregular reports shall be made at the written request of the Ministry of Natural Resources and Environment.

4. Reconnaissance satellites built with state budget funds must have the photo-timing priority mode in order to ensure the provision of data to serve national defense, security, natural disaster prevention and control, search, rescue and salvage.

Article 9.Building of infrastructure facilities for acquisition of remotely sensed image data

1. Infrastructure facilities for acquisition of remotely sensed image data built with state budget funds are prescribed as follows:

a/ The Minister of Natural Resources and Environment shall organize the building of national reconnaissance satellite control stations and remotely sensed data reception stations under its management in accordance with the Law on Public Investment and current legal documents on construction;

b/ Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall organize the building of specialized reconnaissance satellite control stations and remotely sensed data reception stations under their respective management in accordance with the Law on Public Investment and current legal documents on construction.

2. When building infrastructure facilities for acquisition of remotely sensed image data, investors shall carry out the procedures for allocation or lease of land or use of existing architectural works for building these facilities, and demarcation of protection corridors for these facilities in accordance with the land law and other relevant regulations.

3. When making plans on building of infrastructure facilities for acquisition of remotely sensed image data, investors shall obtain written comments of the Ministry of National Defense, Ministry of Public Security and Ministry of Information and Communications on locations of remotely sensed data reception stations and reconnaissance satellite control stations and frequencies used by these stations before submitting them to the Prime Minister for approval.

Article 10.Operation and maintenance of infrastructure facilities for acquisition of remotely sensed image data

1. The Ministry of Natural Resources and Environment shall organize the operation and maintenance of national infrastructure facilities for acquisition of remotely sensed image data under its management.

2. Ministries, ministerial-level agencies and government-attached agencies shall organize the operation and maintenance of specialized infrastructure facilities for acquisition of remotely sensed image data under their respective management.

3. The operation of infrastructure facilities for acquisition of remotely sensed image data is prescribed as follows:

a/ Investors of infrastructure facilities for acquisition of remotely sensed image data shall, before commissioning these facilities, establish and submit an operation process to the competent state agencies specified in Clause 1 or 2 of this Article for approval;

b/ For infrastructure facilities for acquisition of remotely sensed image data currently in operation or use without any operation process, organizations assigned to operate these facilities shall develop an operation process and report it to the competent state agencies specified in Clause 1 or 2 of this Article for approval.

4. Organizations and individuals assigned to operate operation infrastructure facilities for acquisition of remotely sensed image data shall strictly comply with the operation and maintenance processes established for these facilities so as to ensure their normal operation according to standards and technical regulations as well as their building designs.

5. Maintenance of infrastructure facilities for acquisition of remotely sensed image data includes activities to ensure and sustain normal and safe operation of these facilities according to their designs throughout the course of their operation. These activities include one, several or all of checking, observation, quality inspection, maintenance and repair of these facilities. Each type of infrastructure facilities for acquisition of remotely sensed image data must have a maintenance process specifying the sequence, procedures and instructions for performing maintenance jobs. This maintenance process must be conformable to and integrated with the operation process approved by the competent state agency specified in Clause 1 or 2 of this Article.

Article 11.Organizations and individuals investing in the building and operation of remotely sensed data reception stations and reconnaissance satellite control stations

Organizations and individuals may invest in the building and operation of remotely sensed data reception stations and reconnaissance satellite control stations in accordance with the investment law, ensuring interests of the State and their own interests, and national defense and security requirements.

Article 12.Protection corridors of infrastructure facilities for acquisition of remotely sensed image data

1. Protection corridors of infrastructure facilities for acquisition of remotely sensed image data shall be determined in the course of land allocation or land lease and assigned to investors for management, exploitation and use in order to ensure stable operation of these facilities according to their designed technical specifications. Infrastructure facilities for acquisition of remotely sensed image data that have been built and are in stable operation before this Decree is promulgated shall be kept intact.

2. The planting of landmarks to determine boundaries of protection corridors of infrastructure facilities for acquisition of remotely sensed image data must comply with the land law. Such boundaries shall be illustrated on cadastral maps under current regulations.

3. The protection corridor of an infrastructure facility for acquisition of remotely sensed image data shall be established within a radius of 150 meters from the antenna center.

4. Protection of the protection corridor of an infrastructure facility for acquisition of remotely sensed image data

a/ Within the protection corridor of an infrastructure facility, no multi-story buildings amd perennial trees, which hide such facility, may be built or planted, no land excavation, digging and fill-up which affect the stability of such facility may be carried out;

b/ For reconnaissance satellite control stations and remotely sensed data reception stations (except those receiving data from geostatic reconnaissance satellites), trees may be planted or construction works may be built outside their protection corridors established under Clause 3 of this Article but their height must ensure that the angle between the lines connecting the antenna center to the highest point of such trees or works and the horizontal plane through the antenna center does not exceed 2^o(two degrees);

c/ When commencing the construction of infrastructure facilities for use of radio systems the service coverage of which may affect protection corridors of infrastructure facilities for acquisition of remotely sensed image data, investors shall ensure no harmful interference is caused to reconnaissance satellite control stations and remotely sensed data reception stations;

d/ Agencies, organizations and individuals shall base themselves on the provisions of this Article and other relevant regulations to determine boundaries and protection corridors of infrastructure facilities for acquisition of remotely sensed image data under their respective management.

Article 13.Responsibility to protect infrastructure facilities for acquisition of remotely sensed image data

1. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall promulgate regulations on and organize the protection of each type of infrastructure facilities for acquisition of remotely sensed image data under their respective management.

2. Agencies, organizations and individuals assigned to protect infrastructure facilities for acquisition of remotely sensed image data shall strictly comply with the regulations on protection of each type of facilities.

3. When detecting that infrastructure facilities for acquisition of remotely sensed image data are damaged or their protection corridors are encroached upon, people shall promptly report such to local administrations or competent agencies, organizations or persons.

Article 14.Relocation of infrastructure facilities for acquisition of remotely sensed image data

1. The relocation of infrastructure facilities for acquisition of remotely sensed image data shall be carried out in the following cases:

a/ Due to socio-economic development, national defense or security maintenance requirements, it is impossible to continue maintaining the existence or normal operation of such facilities according to technical standards, regulations and specifications;

b/ Natural conditions or disasters cause the loss of or damage to or other external impacts cause the loss of, damage to or dislocation of such facilities;

c/ The useful duration of such facilities has expired, such facilities are no longer usable or replaced by other facilities.

2. The relocation of an infrastructure facility for acquisition of remotely sensed image data shall be carried out under the following regulations:

a/ The provincial-level People’s Committee shall coordinate with the Ministry of Natural Resources and Environment in making a written report on the need to relocate the facility to meet socio-economic development, national defense or security requirements to the Prime Minister, enclosed with the decision approving the related project;

b/ After obtaining the Prime Minister’s approval, the provincial-level People’s Committee shall send to related ministries, ministerial-level agencies and government-attached agencies a written request for relocation of the facility enclosed with the decision approving the related socio-economic development, national defense or security project;

c/ Related ministries, ministerial-level agencies and government-attached agencies shall coordinate with the provincial-level People’s Committee in considering, reaching agreement and choosing a new location for the facility;

d/ The provincial-level People’s Committee shall formulate a project on relocation of the facility, then send it to the related ministries, ministerial-level agencies and government-attached agencies for consideration and comment before having such project approved;

dd/ The provincial-level People’s Committee shall coordinate with the related ministries, ministerial-level agencies and government-attached agencies in organizing the relocation of the facility.

Article 15.Acquisition of remotely sensed image data

1. Remotely sensed image data shall be acquired from the following sources:

a/ Vietnam’s remotely sensed data reception stations;

b/ Purchase and exchange of such data or receipt of such data as aid from foreign countries.

2. The Ministry of Natural Resources and Environment shall make annual plans on acquisition of remotely sensed image data on the basis of summing up the needs of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees and extraordinary tasks assigned by the State.

3. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall organize the acquisition of remotely sensed image data from remotely sensed data reception stations under their management under approved plans.

4. The purchase of remotely sensed image data from foreign countries (if any) with state budget funds may only be carried out after obtaining the agreement from the Ministry of Natural Resources and Environment in the following cases:

a/ Vietnam-based remotely sensed data reception stations and the national remote sensing image database do not satisfy the requirements on image type, quantity and quality and acquisition time;

b/ The purchase is not yet incorporated in any approved plan on acquisition of remotely sensed data.

Article 16.Processing of remotely sensed image data

1. Level-0 (zero) remotely sensed image data means imagery acquired directly at remotely sensed data reception stations without any corrections.

2. Raw remotely sensed image data means level-0 (zero) imagery after some fundamental corrections are made in order to remove detector variations within the sensor and distortions caused by an imperfect atmosphere.

3. Level-0 (zero) remotely sensed image data acquired directly at Vietnam-based remotely sensed data reception stations must have their quality assessed before being processed. Level-0 (zero) remotely sensed image data satisfying the technical requirements shall be processed to create raw remotely sensed image data.

Chapter III

REMOTELY SENSED IMAGE DATABASE

Article 17.Development of the national remotely sensed image database

1. National remotely sensed image database means a collection of remotely sensed image data acquired from the national remotely sensed data reception stations, those purchased with state budget funds, remotely sensed metadata collected from ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees, and remote sensing products that have been checked, evaluated, managed and archived in a systematic manner.

2. The national remotely sensed image database shall be regularly updated to provide data to users. High-resolution remotely sensed image data shall be annually updated while very-high-resolution remotely sensed image data shall be updated once every 5 years to cover the entire Vietnamese territory.

3. The Ministry of Natural Resources and Environment shall:

a/ Develop and operate the national remotely sensed image database;

b/ Develop professional and control processes to operate and maintain the national remotely sensed image database;

c/ Plan and arrange funds in a regular manner for periodical updating of the national remotely sensed image database;

d/ Devise and implement synchronous measures to ensure high operation efficiency and availability of the national remotely sensed image database;

dd/ Devise and implement backup, contingency and confidentiality solutions to ensure the integrity and safety of the national remotely sensed image database.

4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall acquire, update and use remotely sensed information and image data under their management in order to develop the national remotely sensed image database.

5. Remotely sensed metadata and remote sensing products integrated into the remotely sensed image database must conform with the promulgated standards and technical regulations.

Article 18.Publicization of remotely sensed metadata and postponement of publicization of national remotely sensed metadata

1. Annual publicization of national remotely sensed metadata

a/ Contents of annual reports publicizing national remotely sensed metadata are specified in Form No. 01 provided in the Appendix to this Decree;

b/ The Ministry of Natural Resources and Environment shall update, summarize and publicize national remotely sensed metadata before December 31 every year;

c/ National remotely sensed metadata shall be regularly publicized in writing and on the website or portal of the Ministry of Natural Resources and Environment which is connected to the Vietnam Geospatial Information Portal.

2. Regular publicization of remotely sensed metadata

a/ Contents of remotely sensed metadata to be regularly publicized are specified in Form No. 01 provided in the Appendix to this Decree;

b/ Within 30 working days after agencies, organizations and individuals deliver remotely sensed metadata under their management, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall publicize such metadata;

c/ Remotely sensed metadata shall be regularly publicized on the websites or portals of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees.

3. In case of occurrence of aforce majeureevent (natural disaster, fire or war), the publicization of national remotely sensed metadata may be postponed.

4. The Ministry of Natural Resources and Environment shall notify the postponement of the publicization of national remotely sensed metadata on its portal, clearly stating the reason.

5.  The Ministry of Natural Resources and Environment shall publicize national remotely sensed metadata right after theforce majeureevent ends.

Chapter IV

ARCHIVE, PROVISION, EXPLOITATION AND USE OF INFORMATION, REMOTELY SENSED IMAGE DATA AND REMOTE SENSING PRODUCTS

Article 19.List of information, remotely sensed image data and remote sensing products

1. Information about the remote sensing image data acquisition system.

2. Remotely sensed image data.

3. Remotely sensed metadata.

4. Remotely sensed information and data and remote sensing products.

5. Observation and surveillance information and data obtained with remote sensing technology.

6. Information about specialized remote sensing projects, schemes and tasks.

7. Outcomes of remote sensing science research and technology development activities.

8. Legal documents on remote sensing.

9. Standards and technical regulations on remote sensing.

10. Other information, data and products as prescribed by remote sensing projects and schemes; technical designs and cost estimates of remote sensing activities approved by competent authorities.

Article 20.Delivery and archive of information, remotely sensed image data and remote sensing products

1. Information, remotely sensed image data and remote sensing products of specialized remote sensing projects, schemes and tasks implemented with state budget funds shall be delivered by their investors for archive under regulations. The list of information, remotely sensed image data and remote sensing products shall be delivered as stated in approved remote sensing projects, schemes, technical designs and cost estimates.

2. Information, remotely sensed image data and remote sensing products of specialized remote sensing projects, schemes and tasks implemented by units of the Ministry of Agriculture and Rural Development shall be delivered within 30 days after they are tested and accepted to the Department of National Remote Sensing of the Ministry of Natural Resources and Environment for archive.

3. Information, remotely sensed image data and remote sensing products of specialized remote sensing projects, schemes and tasks implemented by units managed by provincial-level People’s Committees shall be delivered to provincial-level Natural Resources and Environment Departments. These units shall concurrently provide lists of delivered data and products within 90 days after they are tested and accepted to the Department of National Remote Sensing of the Ministry of Natural Resources and Environment for summarization and archive.

4. Information, remotely sensed image data and remote sensing products shall be delivered by units managed by the ministries, ministerial-level agencies and government-attached agencies to the bodies and organizations in charge of archive of such ministries and agencies. These units shall concurrently provide lists of delivered products within 90 days after they are tested and accepted to the Department of National Remote Sensing of the Ministry of Natural Resources and Environment for summarization and archive.

5. Information, remotely sensed image data and remote sensing products to be delivered for archive must have their quality tested and inspected under the regulations of the Ministry of Natural Resources and Environment.

6. Delivering agencies and organizations shall notify archival bodies and organizations of the delivery of information, remotely sensed image data and remote sensing products. Within 2 working days after being notified, archival bodies and organizations receiving such information, data and products shall make written records of the delivery and receipt.

7. Archival bodies and organizations shall organize the archive of information and remote sensed image data in accordance with the law on archive and ensure adequate physical facilities and equipment for the archive, safe preservation and convenient exploitation and use.

8. Agencies and organizations shall provide copies of remotely sensed image data and metadata purchased with state budget funds from foreign countries within 3 months after receiving such data to the Ministry of Natural Resources and Environment for incorporation in the national remote sensing image database.

Article 21.Forms of exploitation and use of remotely sensed image data

The exploitation and use of remotely sensed information and image data may be carried out in the following forms:

1. Exploitation and use of remotely sensed information and image data on websites or portals or by linking, accessing or sharing information with remote sensing databases of agencies managing and providing such information and data.

2. Exploitation and use of remotely sensed information and image data by making written requests.

3. Exploitation and use of remotely sensed information and image data under contracts between units managing such information and data and parties wishing to exploit and use them in accordance with law.

Article 22.Exploitation and use of remotely sensed information and image data on websites or portals

1. Organizations and individuals wishing to exploit remotely sensed information and image data on websites or portals of agencies providing them shall register with these agencies for the right to access and exploit such information and data.

2. Organizations and individuals obtaining the access right shall access information and data at provided addresses and with provided passwords, and may not disclose these addresses and passwords.

3. Agencies providing remotely sensed information and image data shall:

a/ Ensure convenient access for users; provide easy-to-use information and data search tools which can bring about desired results;

b/ Ensure formats of remotely sensed information and image data according to standards and technical regulations.

4. In case of suspension of the provision of remotely sensed information and image data and related services online, agencies providing such information and image shall:

a/ Issue a public notice at least 7 working days before suspending the online provision of remotely sensed information and image data and related services for repair or remediation of incidents or upgrading or expansion of information infrastructure facilities. Such a notice must clearly state the expected time of restoring the online provision of remotely sensed information and image data and related services, except in case of aforce majeureevent.

b/ Take measures to deal with the incident.

Article 23.Written request for provision of remotely sensed information and image data

1. Written request for exploitation and use of remotely sensed information and image data shall be carried out as follows:

a/ Organizations and individuals wishing to exploit and use remotely sensed information and image data shall base themselves on the list of existing remotely sensed information and image data to make a written request (according to Form No. 02 provided in the Appendix to this Decree), then send it directly, by post or online to units managing such information and data;

b/ Within 5 working days after receiving a written request, agencies managing remotely sensed information and image data shall check it and notify the financial obligation (in case of necessity to perform the financial obligation) to the requester. In case of refusal to provide remotely sensed information and image data, they shall reply in writing, clearly stating the reason;

c/ After the requester fulfills the financial obligation, agencies managing remotely sensed information and image data shall provide sufficient and accurate remotely sensed information and image data.

2. A written request for provision of remotely sensed information and image data must have the following principal details:

a/ Name and address of the requesting agency, organization or individual;

b/ List and contents of remotely sensed information and image data requested to be provided;

c/ Purposes of use of remotely sensed information and image data;

d/ Form(s) of exploitation and use of remotely sensed information and image data and method of receiving results.

3. In case of requesting the provision of remotely sensed information and image data or a remote sensing product involving a state secret, a written request of an agency or organization must bear the signature of its head and a certification stamp.

4. Written requests of individuals must state their full names and addresses and bear their signatures.

5. In case a Vietnam-based foreigner wishes to exploit and use remotely sensed information and image data is, his/her written request must bear the signature and the stamp for certification by the organization or agency where such person works and its head. For a foreign expert or intern working for a program or project in a ministry, sector or locality or studying at a training institution in Vietnam, his/her written request must bear the signature and the stamp for certification by the competent body of such ministry, sector, locality or training institution and its head (according to Form No. 03 provided in the Appendix to this Decree).

Article 24.Responsibilities and powers of organizations and individuals exploiting and using remotely sensed information and image data

1. To refrain from transmitting remotely sensed information and image data to a third party for use in case such is agreed upon in contracts with agencies, organizations and individuals providing such information and data or permitted by competent authorities.

2. Those exploiting and using state-owned remotely sensed image data shall pay a charge prescribed by the law on charges and fees.

3. To comply with the law on intellectual property.

4. To promptly notify agencies managing remotely sensed information and image data of any errors in information and data provided.

5. To file complaints and denunciations in accordance with law when their right to exploit and use remotely sensed information and image data is infringed upon.

Article 25.Provision of remotely sensed information and image data and remote sensing products to domestic organizations and individuals

1. Remotely sensed information and image data and remote sensing products are public assets provided, exploited and used in the form of hardware or software. Organizations and individuals providing remotely sensed information and image data shall take responsibility for the origin of copies.

2. Remotely sensed information and image data and remote sensing products shall be provided first of all upon personal request of leaders of the Party and the State or in a state of emergency or to serve the performance of national defense, security, search or rescue tasks.

3. The provision of remotely sensed information and image data and remote sensing products involving state secrets shall be carried out in accordance with the regulations on protection of state secrets.

4. Providers of remotely sensed information and image data shall take responsibility before law for the origin, accuracy and adequacy of remotely sensed information and image data they provide.

Article 26.Quality management of remote sensing products

1. The elaboration, announcement, promulgation and application of national standards and technical regulations on remote sensing must comply with the law on standards and technical regulations, ensuring synchronism, uniformity and conformity to the industrial development trend.

2. The Ministry of Natural Resources and Environment shall elaborate national standards on remote sensing, then send them to the Ministry of Science and Technology for appraisal and announcement; and compile technical regulations on remote sensing, then send them to the Ministry of Science and Technology for appraisal before promulgation thereof.

3. Quality management of remote sensing products:

a/ The quality management of remote sensing products shall be carried out in accordance with the law on product and goods quality;

b/ The quality inspection of remote sensing products in the course of production shall be carried out according to national standards and technical regulations on remote sensing and their approved technical designs;

c/ Domestically produced and imported remote sensing products circulated on the market must be of quality up to standards announced for application and technical regulations on remote sensing and relevant regulations;

d/ Organizations and individuals shall take responsibility for results of quality control and inspection and pre-acceptance testing of remote sensing products;

dd/ Organizations and individuals shall declare applicable standards and regulation conformity of remote sensing products they make;

e/ Organizations and individuals shall take responsibility before law for the quality of remote sensing products they make.

Chapter V

RESPONSIBILIES FOR REMOTE SENSING ACTIVITIES

Article 27.Responsibilities of the Ministry of Natural Resources and Environment

1. To be answerable to the Government for performing the uniform state management of remote sensing activities.

2. To promulgate or submit to competent authorities for promulgation legal documents and econo-technical norms in the field of remote sensing, and regulations on interdisciplinary coordination in the exploitation and use of remotely sensed data.

3. To appraise contents related to the remote sensing image data acquisition system; acquisition, archive, processing, provision, exploitation and use of remote sensed image data; application and development of remote sensing technology for programs, schemes, projects and tasks of ministries, sectors and localities.

4. To organize the performance of remote sensing tasks under its management.

5. To manage the quality of remote sensing products.

6. To formulate and implement programs and plans on training, orientation training and provision of new knowledge in the field of remote sensing.

7. To assume the prime responsibility for, and coordinate with other agencies in, undertaking international cooperation in remote sensing.

8. To sum up and publicize remotely sensed metadata of the national remote sensing image database.

9. To sum up needs for use of remotely sensed image data of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees once a year and every five years and upon being assigned extraordinary tasks by the State in order to prepare plans on acquisition of remotely sensed image data.

10. To organize the acquisition, archive, processing and provision of remote sensed image data; to develop and update the national remote sensing image database.

11. To build, manage and operate infrastructure facilities for acquisition of remotely sensed image data under its management.

12. To examine and inspect the observance of the regulations on remote sensing and handle remote sensing-related violations according to its competence.

Article 28.Responsibilities of related ministries, ministerial-level agencies and government-attached agencies

1. To organize the implementation of schemes and projects on remote sensing application under their management.

2. To manage the quality of remote sensing products, archive and provide remotely sensed information and image data under their management.

3. To annually report to the Ministry of Natural Resources and Environment on remote sensing activities under their management.

4. To build, manage and operate reconnaissance satellites, specialized remotely sensed data reception stations and reconnaissance satellite control stations under their management; to send regular, quarterly or extraordinary reports to the Ministry of Natural Resources and Environment.

5. To make the estimation of needs for use of remotely sensed image data under their management once a year and every five years and upon being assigned extraordinary tasks by the State, then send it to the Ministry of Natural Resources and Environment for summarization and unification of acquisition.

6. To organize the acquisition, archive and processing of remotely sensed image data under their management.

7. To ensure technical safety and protection corridors of infrastructure facilities for acquisition of remotely sensed image data under their management under this Decree and relevant regulations.

8. To acquire, update and publicize remotely sensed metadata to meet exploitation and use needs under their management.

Article 29.Responsibilities of provincial-level People’s Committees

1. To organize the implementation of schemes and projects on remote sensing application under their management.

2. To ensure technical safety and protection corridors of infrastructure facilities for acquisition of remotely sensed image data under their management under this Decree and relevant regulations.

3. To make the estimation of needs for use of remotely sensed image data under local management once a year and every five years and upon being assigned extraordinary tasks by the State, then send it to the Ministry of Natural Resources and Environment for summarization and unification of acquisition.

4. To organize the acquisition, archive and processing of remotely sensed image data under their management.

5. To acquire, update and publicize remotely sensed metadata to meet exploitation and use needs under their management; to provide copies of remotely sensed image data and metadata purchased from foreign countries with state budget funds within 3 months after receiving them from providers to the Ministry of Natural Resources and Environment for incorporation in the national remote sensing image database.

6. To manage the quality of remote sensing products, archive and provide remotely sensed information and image data under their management.

7. To inspect, examine and handle violations in the observance of the regulations on remote sensing by organizations and individuals engaged in remote sensing activities under their management.

8. To annually report on remote sensing activities under their management to the Ministry of Natural Resources and Environment.

Article 30.Reports on remote sensing activities

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees engaged in remote sensing activities shall make reports on such activities.

2. The reporting period is from January 1 through December 31 every year.

3. Reports shall be made in electronic files bearing digital signatures of competent persons or in paper form bearing signatures and stamps of competent persons.

4. Responsibility to make and send reports on remote sensing

a/ Within 10 days after the end of a reporting period, organizations engaged in remote sensing activities under the management by ministries, ministerial-level agencies and government-attached agencies shall make and send reports on their remote sensing activities to their managing agencies;

b/ Within 10 days after the end of a reporting period, organizations engaged in remote sensing activities under the management by provincial-level People’s Committees shall make and send reports on their remote sensing activities to provincial-level Departments of Natural Resources and Environment for summing up and reporting to provincial-level People’s Committees;

c/ Within 30 days after the end of a reporting period, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall make and send reports on remote sensing activities under their management to the Ministry of Natural Resources and Environment through the Department of National Remote Sensing;

d/ Within 45 days after the end of a reporting period, the Department of National Remote Sensing shall make and send reports on remote sensing activities nationwide to the Minister of Natural Resources and Environment for signing and submission to the Government.

5. In addition to regular reports, upon request of the state management agency in charge of remote sensing, related agencies and organizations shall make extraordinary reports on remote sensing activities.

6. Agencies and organizations shall take responsibility for the accuracy of information and data in their remote sensing reports.

Article 31.Management of specialized remote sensing projects, schemes and tasks

Agencies and organizations carrying out specialized remote sensing projects, schemes and tasks with state budget funds on an annual and extraordinary basis on the basis of projects formulated under current regulations shall, upon completion of such projects, schemes and tasks, report on implementation results to the state management agency in charge of remote sensing.

Chapter VI

EFFECT AND ORGANIZATION OF IMPLEMENTATION

Article 32.Effect

This Decree takes effect on February 20, 2019.

Article 33.Organization of implementation

1. The Minister of Natural Resources and Environment, other ministers, heads of ministerial-level agencies, and chairpersons of provincial-level People’s Committees shall guide the implementation of articles and clauses of this Decree as assigned to them.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.