Decree No. 27/2019/ND-CP detailing the Law on Survey and Mapping

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Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government on detailing a number of articles of the Law on Survey and Mapping
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Official number:27/2019/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:13/03/2019Effect status:
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Fields:Natural Resources - Environment

SUMMARY

Original national survey points may neither be relocated nor dismantled

The Government issues the Decree No. 27/2019/ND-CP detailing a number of articles of the Law on Survey and Mapping on March 13, 2019.

Accordingly, the updating cycle of the national fundamental geographic database means the maximum interval between two times of data updating, which is prescribed below: within no more than 5 years, the national fundamental geographic database shall be updated. For medium- and small-scale national fundamental geographic databases of Vietnam’s maritime zones, the updating cycle is no more than 7 years; transport and population databases shall be updated annually; within the updating cycle, component data that see changes exceeding 20% shall be updated; instant updating is required when national border and administrative boundary data see any changes…

Particularly, original national survey points may neither be relocated nor dismantled. The relocation and dismantlement of remote sensing satellite ground stations must comply with the Decree on remote sensing activities. The relocation and dismantlement of geodetic markers and satellite positioning stations may be carried out when due to requirements of socio-economic development and assurance of national defense and security, a survey infrastructure work cannot continue to exist or operate normally according to national standards and technical regulations and technical rules; due to the impacts of natural conditions and disasters, a geodetic marker is lost or damaged, or due to other external impacts, a geodetic marker is lost or damaged or displaced or a survey infrastructure work expires and can no longer be used or is replaced by another one.

This Decree takes effect on May 01, 2019.
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Effect status: Known

THEGOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 27/2019/ND-CP

 

Hanoi, March 13, 2019

 

DECREE

Detailing a number of articles of the Law on Survey and Mapping[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 detailing a number of articles of the Law on Survey and Mapping.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details a number of articles of the Law on Survey and Mapping regarding the system of data of national geodetic networks; updating of the national fundamental geographical database and national topographic map system; building, operation, maintenance and protection of survey infrastructure works; storage, confidentiality, provision, exchange, exploitation and use of survey and mapping information, data and products; building of national geospatial data infrastructure; survey and mapping licenses; and survey and mapping practice certificates.

2.  Remote sensing satellite ground stations and remote sensing image data must comply with this Decree and the Decree on remote sensing activities; in case the provisions of this Decree differ from those of the Decree on remote sensing activities, the latter shall prevail.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals carrying out survey and mapping activities; exploiting and using survey and mapping information, data and products; or carrying out other survey and mapping-related activities in the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

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

1. Continuously operating reference station means a satellite positioning station that serves the establishment of the national coordinate system and dynamic national coordinate system, links the national coordinate system and international coordinate system for scientific research purposes, and provides coordinate and elevation correction values for survey and mapping and navigation activities.

2. Network real-time kinematic station means a satellite positioning station that provides coordinate and elevation correction values for survey and mapping and navigation activities.

3. National geodetic point means a point associated with a national geodetic marker and having at least one of the coordinate, elevation and gravity values established according to national standards and technical regulations.

4. Geoid model means the model of the surface of Earth’s gravity field on which the gravitational potential energy at all points is of the same value. The geoid model coincides with the mean sea level over the oceans and presumably continues across the continents; and is used as a reference surface in measuring elevations and geo-scientific research.

5. Survey and mapping method means a way of collecting and processing information and data on the position, shape, dimensions and characteristics of geographic features for the purpose of making and updating geographic databases and establishing maps.

Article 4. Reporting on survey and mapping activities

1. Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and organizations engaged in survey and mapping activities shall make annual reports on survey and mapping activities.

2. A reporting period starts on January 1 and ends on December 31 every year.

3. Reports may be made in soft copies bearing digital signatures of competent persons or hard copies bearing signatures and seals of competent persons.

4. Responsibilities to make and send reports on survey and mapping activities

a/ Organizations engaged in survey and mapping activities under the management of ministries, ministerial-level agencies or government-attached agencies shall make reports on survey and mapping activities and send them to their managing agencies within 10 days after the end of the reporting period. Reports shall be made according to Form No. 01 in Appendix I to this Decree;

b/ Organizations engaged in survey and mapping activities under the management of provincial-level People’s Committees shall make reports on survey and mapping activities and send them to the specialized natural resources and environment  agencies of provincial-level People’s Committees within 10 days after the end of the reporting period for summarization and reporting to provincial-level People’s Committees. Reports shall be made according to Form No. 01 in Appendix I to this Decree;

c/ Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall make reports on survey and mapping activities under their respective management and send them to the Ministry of Natural Resources and Environment through the latter’s specialized survey and mapping management agency within 30 days after the end of the reporting period. Reports shall be made according to Form No. 02 in Appendix I to this Decree;

d/ The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall make a report on survey and mapping activities nationwide and submit it to the Minister of Natural Resources and Environment for signing and submission to the Government within 45 days after the end of the reporting period.

5. In addition to making periodical reports, related agencies and organizations shall make reports on survey and mapping activities when so requested by the state management agency in charge of survey and mapping.

6. Agencies and organizations shall take responsibility for the accuracy of information and data in their reports on survey and mapping activities.

 

Chapter II

THE SYSTEM OF DATA OF NATIONAL GEODETIC NETWORKS

Article 5. Data of the national coordinate network

1. The national coordinate network is a system of national geodetic points with spatial coordinate values linked together to form a uniform network covering the whole country, and established according to national standards and technical regulations and technical rules and given points of time to determine and transmit the national coordinate system. Based on the density and degree of accuracy of the determination of coordinate values, the national coordinate network is divided into order-0, order-I, order-II and order-III coordinate networks.

2. Data of the national coordinate network is a collection of spatial coordinate values of national geodetic points established in the course of building the national coordinate network, and used uniformly nationwide to serve survey and mapping and scientific research activities.

3. The coordinates of points in the order-0 coordinate network shall be included in the national and international coordinate systems.

4. When changing the national coordinate system, data of the national coordinate network shall be re-established.

Article 6. Data of the national elevation network

1. The national elevation network is a system of national geodetic points with elevation values linked together to form a uniform network covering the whole country, and established according to national standards and technical regulations and technical rules and given points of time to determine and transmit the national elevation system. Based on the density and degree of accuracy of determination of elevation values, the national elevation network is divided into order-I, order-II and order-III elevation networks.

2. The order-I and order-II elevation networks shall be re-surveyed according to a 19-year cycle. For points in the national elevation network in areas with weak soil foundation and greatly impacted by socio-economic development, the re-surveying cycle may be shorter depending on the degree of impact and as decided by the Prime Minister.

3. The geoid model used for Vietnam’s territory shall be developed by adjusting the global geoid model based on gravity data in Vietnam’s territory to serve the determination of elevations and geo-scientific research.

4. Data of the national elevation network is a collection of elevation values of national elevation points established in the course of building the national elevation network and used uniformly nationwide to serve survey and mapping and scientific research activities.

Article 7.Data of the national gravity network

1. The national gravity network is a system of national geodetic points with gravitational acceleration values linked together to form a uniform network covering the whole country, and established according to national standards and technical regulations and technical rules and given points of time to determine and transmit the national gravity system. Based on the density and degree of accuracy of the determination of gravitational acceleration values, the national gravity network is divided into basic, order-I and order-II gravity networks.

2. Data of the national gravity network is a collection of gravitational acceleration values of national gravity points established in the course of building the national gravity network and used uniformly nationwide to serve survey and mapping and scientific research activities.

3. The national gravity network shall be re-surveyed according to a 10-year cycle.

4. When there is any change in the national gravity system, data of the national gravity system network shall be re-established.

Article 8.Data of the national satellite positioning stations network

1.  The national satellite positioning stations network is a system of national satellite positioning stations linked together to form a uniform network covering the whole country in the national coordinate system; and established according to national technical regulations and technical rules. The national satellite positioning stations network consists of geodetic continuously operating reference stations and network real-time kinematic stations.

2. Data of the national satellite positioning stations network include coordinate, elevation and gravity values of national satellite positioning stations established in the course of developing the national satellite positioning stations network, used to build the national coordinate system and dynamic national coordinate system, linking the national coordinate system and international coordinate system, and serving scientific research, survey and mapping, navigation and other activities.

Article 9.Publicization of data of national geodetic networks

1. The Ministry of Natural Resources and Environment shall complete the system of data of the national geodetic networks within 3 years from the effective date of the Law on Survey and Mapping for publicization and use nationwide.

2. The Minister of Natural Resources and Environment shall publicize the system of data of national geodetic networks as prescribed within 30 days after approving the completion thereof.

3. Contents of data of national geodetic networks to be publicized:

a/ Number of points, diagrams and degree of accuracy of national geodetic networks, and the geoid model applied to Vietnam’s territory;

b/ Instructions on use of data of national geodetic networks.

 

Chapter III

UPDATING OF THE NATIONAL FUNDAMENTAL GEOGRAPHICAL DATABASE AND THE SYSTEM OF NATIONAL TOPOGRAPHICAL MAPS

Article 10.Contents of the national fundamental geographical database and national topographic maps

1. The national fundamental geographical database is a collection of fundamental geographical data established in the national coordinate system and national elevation system according to national standards and technical regulations and technical rules for uniform use nationwide, consisting of the following component data:

a/ Basic survey data, which are data about coordinate and elevation points used in the course of survey, collection and processing of geographical data;

b/ Topographic data, which are data about elevations and depths describing the shape and characteristics of the Earth’s surface, including elevation points, depth points and contours connecting points of the same elevation value, break lines and special topographic formations;

c/ Hydrological data, which are data about the systems of rivers, springs, canals, ditches, sea, lakes, ponds, lagoons, water sources, water edge lines and other hydrological features;

d/ Population data, which are data about residential areas and residence-related works, including urban residential areas, rural residential areas, industrial parks, special functional zones, other residential areas, residential works, and other economic, cultural and social facilities;

dd/ Transport data, which are data about the transport network and transport-related works, including systems of roads, railways, airways, waterways, bridges, transport tunnels, ports, stations and other transport works;

e/ National border and administrative boundary data, which include national border data and administrative boundary data.

National border data are data about national borderlines, and system of national border markers; base points and baselines used to measure the width of Vietnam’s territorial sea, typical points of national border, and geographical features related to the demonstration of the national borderlines on the mainland and sea.

Administrative boundary data are data about the administrative boundaries of all levels, and system of administrative boundary markers; data about geographical features related to the demonstration of administrative boundaries of all levels;

g/ Land cover data, which are data about the state of cover of the Earth’s surface, including vegetation, land use, water surface and other canopies.

2. Large-scale national fundamental geographical database shall be established from results of measurement and survey to collect information about geographical features; medium- and small-scale national fundamental geographical databases shall be established from larger-scale national fundamental geographical databases.

3. National topographic maps shall be established from the national fundamental geographical database according to national standards and technical regulations and technical rules on topographic maps. Contents of national topographic maps shall be divided into the following data layer groups:

a/ Mathematic data layer group, including contents on map projection, map sheet number, map scales, grid line, coordinate points and elevation points within map sheets, and contents presented outside the map sheet frame;

b/ Topographic data layer group;

c/ Hydrological data layer group;

d/ Population data layer group;

dd/ Transport data layer group;

e/ National border and administrative boundary data layer group;

g/ Vegetation data layer group.

4. The data layer groups defined at Points b, c, d, dd, e and g, Clause 3 of this Article shall be established from equivalent fundamental geographical data defined at Points b, c, d, dd, e and g, Clause 1 of this Article.

Article 11.Updating of the national fundamental geographic database and national topographic maps

1. Updating requirements

The national fundamental geographic database and national topographic maps shall be updated fully and accurately according to national standards and technical regulations and technical rules to timely meet state management requirements of ministries, sectors and localities; and serve socio-economic development, national defense, security and natural disaster prevention and control.

2. Updating methods:

a/ The updating of the national fundamental geographic database at 1:2,000 and 1:5,000 scales shall be effected through adjusting and adding geographic features that see changes by survey and mapping methods;

b/ The updating of the national fundamental geographic database at 1:10,000 and smaller scales shall be effected through compiling updated features in the fundamental geographic database at a larger scale or new version; and through adjusting and adding geographic features that see changes by survey and mapping methods;

c/ Depending on the degree of change, the updating of the national fundamental geographic database shall be effected by component datum, by component data group or by region. In case over 40% of geographic features over a region see changes, a new national fundamental geographic database shall be established for the whole region;

d/ Once the national fundamental geographic database is updated, the national topographic map of a corresponding scale shall be updated simultaneously.

3. Updating contents:

a/ For the national fundamental geographic database, updating contents include adding and adjusting changes in the spatial position and attributes of geographic features belonging to component data defined at Points b, c, d, dd, e and g, Clause 1, Article 10 of this Decree;

b/ For national topographic maps, updating contents include adding and adjusting geographic features that see changes and belong to map content layer groups defined in Clause 3, Article 10 of this Decree.

4. The updating cycle of the national fundamental geographic database means the maximum interval between two times of data updating, which is prescribed below:

a/ Within no more than 5 years, the national fundamental geographic database shall be updated. For medium- and small-scale national fundamental geographic databases of Vietnam’s maritime zones, the updating cycle is no more than 7 years;

b/ Transport and population databases shall be updated annually;

c/ Within the updating cycle, component data that see changes exceeding 20% shall be updated;

d/ Instant updating is required when national border and administrative boundary data see any changes;

dd/ Instant updating is required for regions that see unusual changes to serve natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change;

e/ Instant updating is required for regions when so requested by competent state agencies.

 

Chapter IV

BUILDING, OPERATION, MAINTENANCE AND PROTECTION OF SURVEY INFRASTRUCTURE WORKS

Article 12.Building of survey infrastructure works

1. The building of survey infrastructure works with state budget funds must comply with schemes, projects or tasks approved by competent state agencies and with the Law on Survey and Mapping, the law on public investment and other relevant laws.

2. When building a survey infrastructure work, the work owner shall carry out procedures for being allocated or leased land or using existing architectural structures for building the work and identifying its protection corridor in accordance with the land law and other relevant laws.

3. After completing the building of geodetic markers, the work owner shall make a record of the on-site handover of geodetic markers and their protection corridors to the commune-level People’s Committee in the presence of the related land user(s) according to Form No. 03 in Appendix I, enclosed with a plan on the positions of geodetic markers and their protection corridors, made according to Form No. 04 in Appendix I, to this Decree; hand over a list of geodetic markers and a plan on their positions to the provincial-level People’s Committee through the latter’s specialized natural resources and environment agency, made according to Form No. 05 in Appendix I to this Decree. At the same time, the work owner shall hand over the dossier and results of the building of geodetic markers according to the requirements of the approved scheme, project or task.

Article 13.Operation and maintenance of survey infrastructure works

1. Survey infrastructure works required to have an operation process include:

a/ National satellite positioning stations;

b/ National remote sensing satellite ground stations;

c/ Specialized satellite positioning stations;

d/  Specialized remote sensing satellite ground stations.

2. The operation of a survey infrastructure work is prescribed below:

a/ The owner of a survey infrastructure work shall develop an operation process for the work and submit it to a competent state agency specified in Clause 4 of this Article for approval before putting the work into operation or use;

b/ For a survey infrastructure work currently in operation or use without an operation process, the organization assigned to operate it shall develop an operation process and submit it to a competent state agency specified in Clause 4 of this Article for approval.

3. Maintenance of a survey infrastructure work is a combination of tasks to ensure and maintain the normal and safe operation of the work according to its design requirements in the course of operation or use. The maintenance of a survey infrastructure work includes one, several or all of the tasks of examination, observation, quality inspection, maintenance and repair. For each survey infrastructure work, there must be a maintenance process specifying the sequence, content and instructions for performance of maintenance tasks; such maintenance process must be compatible with and incorporated into the operation process of the survey infrastructure work approved by a competent state agency specified in Clause 4 of this Article.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall organize the operation and maintenance of survey infrastructure works under their respective management.

5. Organizations and individuals assigned to operate and maintain survey infrastructure works shall strictly observe the operation and maintenance processes, ensuring their normal operation around the clock according to national standards and technical regulations and their design and technical regulations applied to their building.

6. The operation and maintenance of national and specialized remote sensing satellite ground stations must comply with the Decree on remote sensing activities.

Article 14.Organizations and individuals participating in the investment in, building, operation management, maintenance and operation of survey infrastructure works

1. Organizations and individuals may participate in the investment in, building, operation management, maintenance and operation of national and specialized satellite positioning stations;

The participation in the investment in, building, operation management, maintenance and operation of remote sensing satellite ground stations must comply with the Decree on remote sensing activities.

2. The Ministry of Natural Resources and Environment shall announce the list of investment projects on the building of national or specialized satellite positioning stations under its management in which organizations and individuals are encouraged to participate in the form of direct investment or public-private partnership investment; organize the implementation of these projects after they are approved in accordance with the investment law; and select contents of operation management, maintenance and operation of survey infrastructure works the performance of which organizations and individuals are encouraged to bid for.

3. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall select investment projects on the building of specialized satellite positioning stations under their respective management in which organizations and individuals are encouraged to participate; organize the implementation of these projects after they are approved in accordance with the investment law; and select contents of operation management, maintenance and operation of survey infrastructure works the performance of which organizations and individuals are encouraged to bid for.

4. Investment projects the building of which organizations and individuals are encouraged to participate in must comply with the investment law; guarantee the interests of the State and investors; and ensure national defense and security.

5. The bidding for performance of the tasks of operation management, maintenance and operation of survey infrastructure works must comply with the bidding law; ensure the effective investment, operation and use of these works; and ensure national defense and security.

Article 15.Protection corridors of survey infrastructure works

1. Protection corridors of survey infrastructure works are safety corridors which are established to ensure that the works are constantly stable and operate according to national standards and technical regulations, and technical rules and specifications applied to their building.

2. Protection corridors of survey infrastructure works shall be determined in the course of building the works. The planting of markers for determining and publicly announcing the boundaries of protection corridors of survey infrastructure works must comply with the land law; these boundaries shall be shown on cadastral maps certified by commune-level People’s Committees.

3. For each type of survey infrastructure work, its protection corridor shall be established as follows:

a/ For geodetic markers within the national coordinate network and specialized basic coordinate networks, a protection corridor has a radius of 50 meters measured from the central point of the marker;

b/ For geodetic markers within the national elevation network and specialized basic elevation networks, a protection corridor has a radius of 20 meters measured from the central point of the marker;

c/ For geodetic markers within the national gravity network and specialized basic gravity networks, a protection corridor has a radius of 10 meters measured from the central point of the marker;

d/ For satellite positioning stations, a protection corridor has a radius of 50 meters measured from the central point of the satellite signal reception antenna;

dd/ For remote sensing satellite ground stations, a protection corridor must comply with the Decree on remote sensing activities.

4. Protection of protection corridors of survey infrastructure works

a/ Within the protection corridor of a survey infrastructure work, when building, repairing or renovating an architectural work, its owner or land user shall comply with the provisions of the land law applicable to protection corridors of works and relevant laws;

b/ Agencies, organizations and individuals shall base themselves on Clauses 2 and 3 of this Article and other relevant laws to determine the boundaries and protect the protection corridors of survey infrastructure works under their respective management.

Article 16.Protection responsibilities for survey infrastructure works

1. Agencies and organizations that are assigned to directly protect survey infrastructure works shall assume the prime responsibility for, and coordinate with commune-level People’s Committees in, publicly announcing markers and boundaries of protection corridors of the works, and take responsibility for the safety protection of these works; in case the protection corridor of a survey infrastructure work is illegally encroached upon, occupied or used, they shall promptly report it to and request the commune-level People’s Committee of the locality where such protection corridor is located to handle the illegal act; and annually report on the state of survey infrastructure works under Article 4 of this Decree.

2. The People’s Committees at all levels of the localities where survey infrastructure works are located shall coordinate with the agencies and organizations in charge of protecting these works in popularizing relevant laws concerning the protection of survey infrastructure works; publicly announcing the markers and boundaries of the protection corridors of these works; and promptly handle cases of illegal encroachment, occupation and use of protection corridors of such works.

Article 17.Relocation and dismantlement of survey infrastructure works

1. Original national survey points may neither be relocated nor dismantled.

2. The relocation and dismantlement of remote sensing satellite ground stations must comply with the Decree on remote sensing activities.

3. The relocation and dismantlement of geodetic markers and satellite positioning stations may be carried out in the following cases:

a/ Due to requirements of socio-economic development and assurance of national defense and security, a survey infrastructure work cannot continue to exist or operate normally according to national standards and technical regulations and technical rules;

b/ Due to the impacts of natural conditions and disasters, a geodetic marker is lost or damaged, or due to other external impacts, a geodetic marker is lost or damaged or displaced;

c/ A survey infrastructure work expires and can no longer be used or is replaced by another one.

4. The relocation of geodetic markers in land areas which have been allocated to an agency or organization shall be carried out as follows:

a/ The agency or organization shall send a written request for the relocation of the geodetic marker to the provincial-level People’s Committee, clearly stating the reason for the relocation. The provincial-level People’s Committee shall decide on the relocation of geodetic markers which fall under its management. For a geodetic marker which does not fall under its management, the provincial-level People’s Committee shall send a written request to the concerned ministry, ministerial-level agency or government-attached agency for settlement;

b/ After obtaining a competent agency’s approval of the relocation of a geodetic marker, the specialized natural resources and environment agency of the provincial-level People’s Committee shall make a technical design and cost estimate for the relocation and submit them to the provincial-level People’s Committee for approval.

For a geodetic marker which does not fall under the management of its provincial-level People’s Committee, the specialized natural resources and environment agency shall send the technical design and cost estimate for the relocation of such geodetic marker to the concerned ministry, ministerial-level agency or government-attached agency for appraisal before submitting them to its provincial-level People’s Committee for approval;

c/ The agency or organization requesting the relocation of a geodetic marker shall transfer the approved funding calculated according to the technical design and cost estimate to the specialized natural resources and environment agency of the provincial-level People’s Committee. Within 10 days after receiving the funding, this agency shall relocate the geodetic marker;

d/ After completing the relocation of the geodetic marker, the specialized natural resources and environment agency of the provincial-level People’s Committee shall hand over the relocation result according to Clause 7, Article 36 of the Law on Survey and Mapping and Clause 3, Article 12 of this Decree. For geodetic markers not falling under its management, the provincial-level People’s Committee shall send the relocation result to the concerned ministry, ministerial-level agency or government-attached agency.

5. The relocation of geodetic markers in land areas allocated to agencies, organizations or individuals is prescribed as follows:

a/ The agency with land allocation competence as prescribed by the land law shall conduct a review and counting of geodetic markers available in the land area to be allocated to an agency, organization or individual and send the counting results to the specialized natural resources and environment agency of the provincial-level People’s Committee for use as the basis for making a technical design and cost estimate for the relocation of geodetic markers and submission to the provincial-level People’s Committee for approval;

b/ The approved cost estimate for the relocation of geodetic markers serves as the basis for the agency, organization or individual to pay compensation for the relocation of geodetic markers in the land area to be allocated to it/him/her;

c/ The organization of the relocation of geodetic markers and handover of relocation results must comply with Points c and d, Clause 4 of this Article.

6. The relocation of geodetic markers which are lost, damaged or displaced due to the impact of natural conditions, disasters or other external factors is prescribed as follows:

a/ The specialized natural resources and environment agency or specialized geodetic marker management agency of the provincial-level People’s Committee shall make technical designs and cost estimates for the relocation of geodetic markers under their management and submit them to the provincial-level People’s Committee for approval, and organize the relocation after the technical designs and cost estimates are approved;

b/ The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment or specialized management agency of a ministry, ministerial-level agency or government-attached agency shall make technical designs and cost estimates for the relocation of geodetic markers under its management and submit them to its minister or the head of its ministerial-level agency or government-attached agency for approval, and organize the relocation after the technical designs and cost estimates are approved.

7. The relocation of satellite positioning stations is prescribed as follows:

a/ The provincial-level People’s Committee shall send to the ministry, ministerial-level agency or government-attached agency which is related to the satellite positioning station that needs to be relocated a written request for the relocation together with the decision approving the related project on socio-economic development, national defense or security;

b/ The related ministry, ministerial-level agency or government-attached agency shall reach agreement with the provincial-level People’s Committee on selecting the new location for the satellite positioning station;

c/ The provincial-level People’s Committee shall organize the formulation of a project on the relocation of a national satellite positioning station and send it to the related ministry, ministerial-level agency or government-attached agency for opinion before approving the project;

d/ The provincial-level People’s Committee shall coordinate with the Ministry of Natural Resources and Environment through the latter’s specialized survey and mapping management agency in organizing the relocation of a national satellite positioning station;

dd/ The provincial-level People’s Committee shall coordinate with the related ministry, ministerial-level agency or government-attached agency in organizing the relocation of a specialized satellite positioning station.

8. The dismantlement of survey infrastructure works which have expired and can no longer be used or which are replaced by new ones shall be decided by ministers, heads of ministerial-level agencies, heads of government-attached agencies or chairpersons of provincial-level People’s Committees in accordance with the law on management of use of public property.

Chapter V

STORAGE, CONFIDENTIALITY, PROVISION, EXCHANGE, EXPLOITATION AND USE OF SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS

Article 18.Storage of survey and mapping information, data and products

1. Survey and mapping information, data and products created with state budget funds shall be handed over by project or scheme owners for storage under regulations. The handover time limit is 30 days from the date survey and mapping information, data or products are accepted by these owners.

2. Information, data and products of basic survey and mapping activities to be handed over with one set of digital data and one original set printed out on paper for storage at the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment include:

a/ Schemes, projects, technical designs and cost estimates; summary reports on completion of schemes, projects and technical designs and cost estimates;

b/ Information and data about the system of national original geodetic points and national geodetic networks, including network plans, point descriptions, record of measurement results, error calculation and adjustment results, records on on-site handover of geodetic markers;

c/ Aerial photo data, and satellite image data serving basic survey and mapping activities, including original photo data, image positioning data and processed photo data;

d/ National fundamental geographical data, including national fundamental geographical data enclosed with metadata, elevation data, and digital aerial triangulation data.

dd/ Data and products of national topographic maps, including original national topographic maps in digital form enclosed with their historical records, and published map products;

e/ Survey and mapping data and products on the national boundaries, including agreements on delimitation of land boundaries enclosed with boundary delimitation maps, protocols on land border demarcation and marker planting enclosed with a set of national boundary maps; dossiers of border demarcation and marker planting; agreements on maritime border demarcation; and set of standard national boundary maps;

g/ Survey and mapping data and products on administrative boundaries, including dossiers enclosed with maps of administrative boundaries at all levels;

h/ Geographical name data and lists, including lists of geographical names in digital and paper forms;

i/ Other information, data and products as stated in basic survey and mapping schemes, projects and technical designs and cost estimates approved by competent authorities.

3. Information, data and products of specialized survey and mapping activities to be handed over for storage at the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment include:

a/ Information, data and products for making administrative maps, including information and data for making Vietnam’s administrative maps, and provincial- and district-level administrative maps;

b/ Information and data related to topographic, hydrological, transport, population, vegetation and geographical name data updated by ministries, ministerial-level agencies and provincial-level People’s Committees in the course of using the national fundamental geographical data and national topographic maps.

4. The lists of basic survey and mapping information, data and products to be handed over for storage at specialized natural resources and environment agencies of provincial-level People’s Committees include the lists specified at Points a, c, d, dd and i, Clause 2 of this Article falling under the management of provincial-level People’s Committees.

5. The lists of specialized survey and mapping information, data and products to be handed over for storage at the archive agencies or organizations of ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees shall be prescribed by ministers, heads of ministerial-level agencies or government-attached agencies or chairpersons of provincial-level People’s Committees.

6. Information, data and products to be handed over for storage shall be certified with the signatures and seals of heads of project owners’ agencies, heads of construction units or contractors or heads of product quality inspection units and other competent authorities as prescribed by relevant laws.

7. The handover of survey and mapping information, data and products for storage is prescribed as follows:

a/ The agency or organization handing over survey and mapping information, data and products shall notify the handover to the storage agency or organization;

b/ Within 2 working days after receiving a notice, the storage agency or organization shall receive survey and mapping information, data and products and make a record of the handover according to Form No. 06 in Appendix I to this Decree.

8. The storage agency or organization shall organize the storage of survey and mapping information, data and products in accordance with the law on archives, and ensure adequate physical foundations, facilities and equipment for the safe storage and convenience for exploitation and use.

9. Basic survey and mapping information, data and products to be placed in historical archives include data specified at Points b, d, dd, e, g and h, Clause 2 of this Article; specialized survey and mapping information, data and products shall be placed in historical archives in accordance with relevant laws.

10. Survey and mapping information, data and products being public assets in agencies’ archives may be destroyed after having been stored for at least 10 years or having been replaced by other information, data and products and being useless.

Article 19.Destruction of survey and mapping information, data and products

1. The destruction of survey and mapping information, data and products of agencies’ archives is prescribed as follows:

a/  Annually, agencies or organizations storing survey and mapping information, data and products shall make a list of useless information, data and products for destruction, and send it to the immediate superior agency (of departmental or equivalent level);

b/ The immediate superior agency shall send a written request for destruction enclosed with the list of useless information, data and products to the managing agency (ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee);

c/ After obtaining the approval of the managing agency (ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee) of the destruction of survey and mapping information, data and products, the departmental- or equivalent-level management agency shall form a council for destruction of survey and mapping information, data and products.

2. A dossier of destruction of useless survey and mapping information, data and products must comprise:

a/ A written request of the agency or organization storing survey and mapping information, data and products for destruction of useless survey and mapping information, data and products;

b/ The departmental- or equivalent-level management agency’s written request for the destruction of useless survey and mapping information, data and products;

c/ The managing agency’s written approval of the destruction;

d/ A decision on the formation of a council for destruction of survey and mapping information, data and products;

dd/ The destruction council’s record ascertaining the value of survey and mapping information, data and products;

e/ A written request for appraisal of useless survey and mapping information, data and products for destruction, made by the agency managing the useless survey and mapping information, data and products, to the same-level agency in charge of state management of archives as prescribed by the law on archives;

g/ An appraisal document of the agency in charge of state management of archives;

h/ A decision on destruction of useless survey and mapping information, data and products, issued by the departmental- or equivalent-level management agency;

i/ A record of handover of survey and mapping information, data and products for destruction;

k/ A record of destruction of useless survey and mapping information, data and products.

Article 20.Confidentiality of survey and mapping information, data and products

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall organize the confidentiality of survey and mapping information, data and products under their respective management in accordance with the law on protection of state secrets.

2. Agencies, organizations and individuals related to survey and mapping information, data and products shall comply with the law on protection of state secrets.

Article 21.Provision of survey and mapping information, data and products to domestic organizations and individuals

1. Survey and mapping information, data and products being public assets may be provided, exploited and used in the form of copies or publications. Organizations and individuals providing survey and mapping information, data and products shall make a written certification of the origin of copies according to Form No. 07 in Appendix I to this Decree.

2. Survey and mapping information, data and products specified at Point dd, Clause 3, Article 41 of the Law on Survey and Mapping may be disclosed and provided to agencies, organizations and individuals that need to use them.

3. Individuals requesting provision of survey and mapping information, data and products shall present their citizen identity cards or passports or people’s identity cards; representatives of agencies or organizations requesting provision of survey and mapping information, data and products shall present their citizen identity cards or passports or the people’s identity cards and letters of introduction or official letters of their agencies or organizations, and a written request for provision of survey and mapping information, data and products, made according to Form No. 08 in Appendix I to this Decree, to the organization providing survey and mapping information, data and products.

4. For online provision of survey and mapping information, data and products outside the list of state secrets, a requester shall send an electronic file containing a letter of introduction or an official letter of his/her agency or organization, an electronic file containing a written request for provision of survey and mapping information, data and products bearing a digital signature; if having no digital signature, the requester shall present his/her citizen identity card or passport or people’s identity card when carrying out the procedure for opening an online account, and provide the mobile phone number for the provider to send a verification code.

5. The provision of survey and mapping information, data and products on the list of state secrets to agencies, organizations and individuals must comply with the law on protection of state secrets.

6. Agencies and organizations referred to in Clause 5 of this Article that request provision of survey and mapping information, data and products on the list of state secrets shall send a written request to the competent person specified in Clause 8 of this Article. Such request must specify the name of the agency or organization; representative of the agency or organization; survey and mapping information, data and products on the list of state secrets requested for provision; use purpose; and commitment to protect state secrets.

7. Individuals requesting provision of survey and mapping information, data and products on the list of state secrets shall send a written request to the competent person specified in Clause 8 of this Article. Such request must specify his/her full name; serial number of his/her citizen identity card, people’s identity card, passport or identity card issued by the people’s police or people’s army; contact address; or position;  survey and mapping information, data and products on the list of state secrets requested for provision; use purpose; and commitment to protect state secrets.

8. The person competent to decide on the provision of survey and mapping information, data and products on the list of state secrets shall comply with the law on protection of state secrets.

9. Upon receiving a complete dossier of request for provision of survey and mapping information, data and products as prescribed, the agency or organization assigned to provide survey and mapping information, data and products shall provide such information, data and products promptly on the same working day or according to the time agreed upon with the requester. In case of refusing to provide information, data and products, this agency or organization shall issue a written reply stating the reason to the requester.

Article 22.Sharing and provision of survey and mapping information, data and products with/to international organizations and foreign organizations and individuals

1. The sharing and provision of survey and mapping information, data and products outside the list of state secrets with/to international organizations and foreign organizations and individuals must comply with Clauses 1, 2, 3 and 4, Article 21 of this Decree.

2. The sharing and provision of survey and mapping information, data and products on the list of state secrets with/to foreign organizations and individuals in case there is no treaty to which the Socialist Republic of Vietnam is a contracting party are prescribed as follows:

a/ Survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret may be provided only to foreign organizations and individuals participating in programs or projects on international cooperation with Vietnamese agencies or organizations;

b/ The person competent to decide on the provision of survey and mapping information, data and products on the list of state secrets to foreign organizations and individuals shall comply with the law on protection of state secrets;

c/ A foreign organization shall send a written request for provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret, made according to Form No. 09a in Appendix I to this Decree, to the Vietnamese agency or organization in charge of managing the international cooperation program or project involving such survey and mapping information, data and products. Such request must specify the names of the organization and its representative; citizenship, passport number and position of the representative; survey and mapping information, data and products requested for provision; use purpose; and commitment to protect state secrets and not to share them with a third party without consent of the provider;

d/ A foreign individual shall send a written request for provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret, made according to Form No. 09b in Appendix I to this Decree, to the Vietnamese agency or organization in charge of managing the international cooperation program or project involving such survey and mapping information, data and products. Such request must specify his/her full name; passport number and contact address; survey and mapping information, data and products requested for provision; use purpose; and commitment to protect state secrets and not to share them with a third party without consent of the provider;

dd/ The Vietnamese agency or organization in charge of managing the international program or project involving survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret shall consider the request for provision of such information, data and products and report it to the competent person specified at Point b of this Clause for decision;

e/ Upon receiving a complete dossier of request for provision of survey and mapping information, data and products as prescribed, the agency or organization assigned to provide survey and mapping information, data and products shall provide such survey and mapping information, data and products promptly on the same working day or according to the time agreed upon with the requester; in case of refusing to provide information, data and products, it shall issue a written reply stating the reason to the requester.

Article 23.Exploitation and use of survey and mapping information, data and products

1. Survey and mapping information, data and products may be used only for the purpose specified in the written request for information provision and may not be provided for use for other purposes.

2. In the course of exploitation and use of survey and mapping information, data and products, if organizations or individuals detect any errors and find that they do not match reality or do not exist on the field, they shall report them and provide relevant supporting information to the provider.

3. Agencies or organizations providing survey and mapping information, data and products shall check and verify information reported or provided by organizations and individuals under Clause 2 of this Article and take measures to respond to such information, data and products and update their survey and mapping information, data and products.

4. Organizations and individuals using survey and mapping information, data and products which are public assets shall pay charges in accordance with the law on charges and fees; those using printed maps shall pay expenses in accordance with the law on prices, except printed maps which are published with state budget funds for free distribution according to regulations.

5. The Ministry of Finance shall prescribe charges for the exploitation and use of survey and mapping information, data and products which are public assets specified in Clauses 2 and 3, Article 39 of the Law on Survey and Mapping; and the exemption from and reduction of charges for the exploitation and use of survey and mapping information, data and products for the purposes of national defense, security and natural disaster prevention and control in accordance with the law on charges and fees.

 

Chapter VI

BUILDING OF NATIONAL GEOSPATIAL DATA INFRASTRUCTURE

Article 24.Formulation of the strategy on development and plans on implementation of national geospatial data infrastructure

1. Principles and period of formulation of the strategy on development of national geospatial data infrastructure:

a/ Strategy formulation principles: conforming with the national socio-economic development strategy and general master plan, ensuring that the building and development of national geospatial data infrastructure meet the requirements of state management, serving the building of e-government, ensuring national defense and security; natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change; facilitating the provision of public services; ensuring the connectivity of geospatial data infrastructure facilities among ministries, sectors and localities;

b/ The strategy on building of national geospatial data infrastructure shall be approved by the Government and formulated for every 10-year period coinciding with the period of the survey and mapping sector development strategy.

2. The strategy on development of national geospatial data infrastructure must include the following principal contents:

a/ Viewpoints, vision and objectives;

b/ Policies on building of national geospatial data infrastructure;

c/ Tasks of building the national geospatial data infrastructure, including developing standards and technical regulations and technical rules; selecting and developing technologies; building and integrating geospatial data; and using geospatial data;

d/ Resources for building and developing national geospatial data infrastructure;

dd/ Solutions for implementing the national geospatial data infrastructure development strategy; programs, schemes, projects and tasks of building national geospatial data infrastructure;

e/ Assignment of tasks of organizing the implementation of the national geospatial data infrastructure development strategy to ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees.

3. Based on the national geospatial data infrastructure development strategy, the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in, making an overall plan for building of national geospatial data infrastructure and submit it to the Government for approval under Clause 3, Article 44 of the Law on Survey and Mapping.

4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall base themselves on the objectives as well as tasks and responsibilities assigned in the national geospatial data infrastructure development strategy to organize the formulation and implementation of 5-year and annual plans in conformity with the overall plan approved under Clause 3 of this Article, ensuring that the national geospatial data infrastructure is put into operation before 2025.

Article 25.Policies and resources for the building and development of national geospatial data infrastructure

1. Policies on development of national geospatial data infrastructure:

a/ The State shall invest in the building and development of national geospatial data infrastructure to meet the requirements of state management, socio-economic development and national defense and security maintenance;

b/ Organizations, individuals and communities are encouraged to participate in the building and development of national geospatial data infrastructure; and favorable conditions shall be provided for organizations and individuals to access and use national geospatial data infrastructure;

c/ National geospatial data infrastructure shall be used in the state management by ministries, ministerial-level agencies, and People’s Committees at all levels, and in e-government; in socio-economic development planning, and natural resource, environment and land management;

d/ The integration and connection of national geospatial data infrastructure in the regional and global geospatial data infrastructure networks shall be promoted.

2. Resources for the building and development of national geospatial data infrastructure:

a/ Financial resources: The State shall reserve funding to complete the building of framework data and specialized data prescribed in Article 45 of the Law on Survey and Mapping, and mobilize resources from the society for the building and development of national geospatial data infrastructure;

b/ Human resources: To train human resources to meet the requirement of building and development of national geospatial data infrastructure; to popularize knowledge and teach the subject on geospatial data infrastructure in universities related to the survey and mapping and information technology sectors; to raise awareness about national geospatial data infrastructure for managers in state agencies and organizations involved in geospatial data management, storage and provision; to popularize information among, mobilize, and raise awareness of, the community about the use and participation in the building and updating of national geospatial data infrastructure;

c/ Science and technology resources: To focus on research, development and application of high and advanced technologies in the collection, processing and building of geospatial data suitable to the development of national geospatial data infrastructure; to study and develop open-source software, cloud computing and artificial intelligence technologies with domestic human resources.

Article 26.Technologies, standards and technical regulations on national geospatial data infrastructure

1. The development and application of technologies of national geospatial data infrastructure cover:

a/ Developing and improving modern technology applications in the reception, collection, updating and processing of geospatial data, including satellite positioning technology, remote sensing technology and sea depth measurement technology, to ensure the fast, timely, accurate and efficient data reception, collection, updating and processing;

b/ Applying network technology, building the system architecture of national geospatial data infrastructure to ensure its connectivity with the e-government system; ensuring quick, simple and easy access to geospatial data; ensuring data security;

c/ Stepping up the application of cloud computing and artificial intelligence technologies in the provision of geospatial data and data services.

2. Standards, technical regulations and technical rules on national geospatial data infrastructure shall be formulated synchronously, ensuring the accuracy of national geospatial data and facilitating the data connection, integration, access and security, including:

a/ Standards, technical regulations and technical rules on geospatial data and metadata;

b/ Standards, technical regulations and technical rules on the system architecture of national geospatial data infrastructure, including standards on network architecture and communication network infrastructure;

c/ Standards, technical regulations and technical rules on geospatial data display, sharing, conversion, integration, search and downloading services.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, making a list of standards, technical regulations and technical rules to be uniformly applicable to the building of national geospatial data infrastructure; and assign duties of organizing the formulation of standards, technical regulations and technical rules according to such list as suitable to the management scope of the ministries and agencies.

Article 27.Building and integration of geospatial data

1. Each type of geospatial data shall be received, collected and updated by a single agency; and be stored according to management decentralization regulations.

2. The Ministry of Natural Resources and Environment shall organize the performance of the following tasks:

a/ Building framework data specified in Clause 2, Article 45 of the Law on Survey and Mapping;

b/ Building thematic map data specified at Points c and d, Clause 3, Article 45 of the Law on Survey and Mapping; and thematic map data on the remediation of environmental incidents and response to climate change specified at Point k, Clause 3, Article 45 of the Law on Survey and Mapping;

c/ Building national and regional planning map data under its management;

d/ Integrating national geospatial data.

3. The Ministry of Agriculture and Rural Development shall organize the building of:

a/ Thematic map data specified at Points dd and e, Clause 3, Article 45 of the Law on Survey and Mapping and thematic map data on natural disaster prevention and control specified at Point k, Clause 3, Article 45 of the Law on Survey and Mapping;

b/ National and regional planning map data under its management.

4. The Ministry of Construction shall organize the building of:

a/ Urban planning and rural planning map data under its management specified at Point m, Clause 3, Article 45 of the Law on Survey and Mapping;

b/ National planning and regional planning map data under its management.

5. The Ministry of Transport shall organize the building of:

a/ Thematic map data specified at Points h and l, Clause 3, Article 45 of the Law on Survey and Mapping;

b/ Data of charts of seaport waters and navigable passages and routes specified at Point i, Clause 3, Article 45 of the Law on Survey and Mapping;

c/ National planning and regional planning map data under its management.

6. The Ministry of National Defense shall organize the building of data of charts of maritime zones specified at Point i, and map data on rescue and salvage at sea under its management specified at Point k, Clause 3, Article 45 of the Law on Survey and Mapping.

7. Ministries, ministerial-level agencies and government-attached agencies not mentioned in Clauses 2, 3, 4, 5 and 6 of this Article shall organize the building of national planning and regional planning map data under their respective management specified at Point m, Clause 3, Article 45 of the Law on Survey and Mapping.

8. Provincial-level People’s Committees shall organize the building of:

a/ Map data specified at Points a, b and g, Clause 3, Article 45 of the Law on Mapping and Survey;

b/ Map data on rescue and salvage under their management specified at Point k, Clause 3, Article 45 of the Law on Mapping and Survey;

c/ Provincial planning and special administrative-economic unit planning map data in their localities specified at Point m, Clause 3, Article 45 of the Law on Mapping and Survey.

9. Organizations and individuals may participate in the building and updating of geospatial data specified in Article 45 of the Law on Mapping and Survey; they are encouraged to build, provide and share their data to enrich national geospatial data.

10. The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall act as the focal point in building national geospatial data infrastructure; ministries, ministerial-level agencies and government-attached agencies shall designate their focal points in building national geospatial data infrastructure according to their respective responsibilities; specialized natural resources and environment agencies of provincial-level People’s Committees shall act as focal points in building national geospatial data infrastructure according to the responsibilities of provincial-level People’s Committees.

Article 28.Building and operation of Vietnam Geospatial Portal

1. Vietnam Geospatial Portal shall be organized after the model of a geospatial data center which links and uniformly manages geospatial databases via an Internet access address. Vietnam Geospatial Portal consists of hardware, and administration, operation, exploitation and application software system; telecommunications network; list of data and framework data, list of specialized data and metadata and data services; and physical facilities to ensure its continuous and secure operation.

2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall ensure that geospatial data which they are assigned to build under Article 27 of this Decree are linked and integrated in Vietnam Geospatial Portal.

3. The Minister of Natural Resources and Environment shall formulate and submit to the Prime Minister for promulgation a plan on the building and a regulation on management and operation of Vietnam Geospatial Portal.

4. The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall build, manage and operate Vietnam Geospatial Portal to meet the requirements specified in Article 48 of the Law on Survey and Mapping, and in accordance with the regulation on management and operation of Vietnam Geospatial Portal and other relevant laws.

 

Chapter VII

SURVEY AND MAPPING LICENSES

Article 29.List of survey and mapping activities subject to licensing

1. Formulating schemes, projects and technical designs and cost estimates for basic and specialized survey and mapping tasks.

2. Inspecting the quality of basic and specialized survey and mapping products.

3. Building coordinate, elevation and gravity networks.

4. Receiving aerial photo data.

5. Processing remote sensing images.

6. Building the national fundamental geographical database.

7. Conducting surveys and establishing topographic maps.

8. Conducting surveys and establishing seabed topographic maps.

9. Conducting surveys and establishing administrative boundary maps.

10. Conducting surveys and establishing cadastral maps.

11. Establishing administrative maps.

12. Conducting surveys and establishing nautical charts.

13. Conducting surveys and establishing engineering maps.

Article 30.Survey and mapping licenses

1. Survey and mapping licenses shall be granted to organizations under Article 51 of the Law on Survey and Mapping. A license has a validity period of 5 years and may be extended with each extension of 5 years.

Licenses granted to foreign contractors must specify the area of operation, and have a validity period equal to the performance period of survey and mapping tasks in their bidding packages. Licenses may be extended according to extended performance periods of survey and mapping tasks in their bidding packages.

2. Survey and mapping licenses shall be made according to Form No. 16 in Appendix I to this Decree, showing the name and address of the head office, contact telephone number, fax number, email, website, serial number of the establishment decision or enterprise code, list of licensed survey and mapping activities, date of grant and validity period of the license, scope of operation, list of additionally licensed survey and mapping activities, and name of the license signer.

Article 31.Condition for granting survey and mapping licenses

Organizations may be granted a survey and mapping license when meeting all the conditions specified in Article 52 of the Law on Survey and Mapping. Such an organization must have at least 4 technical employees who possess an intermediate or higher degree in survey and mapping.

Article 32.Dossiers of application for survey and mapping licenses

1. For domestic organizations, a dossier of application for a survey and mapping license must comprise:

a/ An application for a survey and mapping license or an electronic file containing such application, made according to Form No. 10 in Appendix I to this Decree;

b/ A copy or an electronic file containing a photo of the original decision defining the functions and tasks or enterprise registration certificate of the applying organization;

c/ A copy or an electronic file containing a photo of the original diploma of university or higher degree in survey and mapping, a declaration of the working history or an electronic file containing such declaration of the person in charge of technical matters, made according to Form No. 12 in Appendix I to this Decree, or class-I survey and mapping practice certificate, labor contract, recruitment decision or appointment decision of such person;

d/ Copies or electronic files containing photos of the original diplomas or certificates of survey and mapping, labor contracts or recruitment decisions of technical employees performing survey and mapping tasks;

dd/ Copies or electronic files containing photos of the original invoices or papers proving ownership or the right to use survey and mapping measurement instruments, equipment, software and technologies.

2. For foreign contractors, a dossier of application for a survey and mapping license must comprise:

a/ An application for a survey and mapping license or an electronic file containing such application, made according to Form No. 11 in Appendix I to this Decree;

b/ A copy or an electronic file containing a photo of the original decision on bid winning (or contractor selection decision) of the project owner, showing survey and mapping jobs on the list of survey and mapping activities subject to licensing;

c/ Copies or electronic files containing photos of the original diplomas or certificates of survey and mapping and work permits granted by a competent agency in accordance with the regulations on foreign workers in Vietnam, for foreign technical employees; or diplomas and certificates of survey and mapping and labor contracts of Vietnamese technical employees according to their number and professional qualifications declared in the successful bid dossier or contractor selection dossier;

d/ Copies or electronic files containing photos of the original invoices or papers proving ownership or the right to use survey and mapping measurement instruments, equipment, software and technologies as stated in the successful bid dossier or contractor selection dossier.

Article 33.Order and procedures for granting survey and mapping licenses

1. Dossier submission

a/ Organizations established under decisions of ministries, ministerial-level agencies or government-attached agencies; corporations established under decisions of the Prime Minister; organizations within organizations attached to ministries, ministerial-level agencies or government-attached agencies that have the legal person status and practice independent cost-accounting; organizations attached to corporations established under decisions of the Prime Minister that have the legal person status and practice independent cost-accounting; organizations of central agencies of socio-professional organizations; and foreign contractors shall send one dossier set via the online public service system of the Ministry of Natural Resources and Environment or submit it directly or send it by post to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment;

b/ Organizations other than those specified at Point a of this Clause shall send a dossier set via the online public service system of the provincial-level People’s Committee connected to the online public service system of the Ministry of Natural Resources and Environment or submit it directly or send it by post to the specialized natural resources and environment management agency of the provincial-level People’s Committee.

2. Dossier receipt

Within 2 working days, the agency receiving a dossier of application for a survey and mapping license under Clause 1 of this Article shall check it. If finding that the dossier is incomplete or unsatisfactory, this agency shall send a written reply or an email to the applicant for completing the dossier as required.

3. Dossier appraisal

a/ The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall appraise dossiers submitted by the organizations specified at Point a, Clause 1 of this Article;

b/ The specialized natural resources and environment management agencies of provincial-level People’s Committees shall appraise dossiers submitted by the organizations specified at Point b, Clause 1 of this Article;

c/ The dossier-appraising agency shall form an appraisal team of not more than 3 members to appraise the dossier right at the head office of the applying organization.

The appraisal team shall examine and compare the manpower, survey and mapping instruments, equipment, software and technologies declared in the dossier and those available at the applying organization; determine the capacity of the organization to perform survey and mapping tasks proposed in the application; and make a written record of the dossier appraisal according to Form No. 15 in Appendix I to this Decree;

d/ Within 7 working days after receiving a complete and valid dossier, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall appraise the dossier and make an appraisal record;

dd/ Within 6 working days after receiving a dossier, the specialized natural resources and environment agency of the provincial-level People’s Committee shall appraise the dossier and send an appraisal record together with the dossier to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment via the online public service system of the provincial-level People’s Committee connected to that of the Ministry of Natural Resources and Environment;

e/ Within the time limit specified at Point d or dd of this Clause, if finding that the applying organization is ineligible for grant of a license, the dossier-receiving agency shall issue a notice clearly stating the reason for refusing to grant a license and return the dossier to the latter.

4. License grant

a/ Within 2 working days after receiving a written record of the appraisal of the dossier of application for a survey and mapping license, the head of the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall approve the application and grant a survey and mapping license;

b/ The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall notify the applying organization of the completion of the grant of the license, deliver the license and the dossier to the applying organization, send an electronic file containing a copy of the license to the specialized natural resources and environment agency of the provincial-level People’s Committee for coordinated management, for organizations whose dossiers are appraised by the specialized natural resources and environment agencies of provincial-level People’s Committees.

5. The time limit for settling procedures for grant of a survey and mapping license is 9 working days, counting from the date of receipt of a complete and valid dossier.

Article 34.Licensing of addition of survey and mapping activities

1. For organizations, a dossier of request for addition of survey and mapping activities must comprise:

a/ A written request for addition of survey and mapping activities or an electronic file containing such request, made according to Form No. 13 in Appendix I to this Decree;

b/ Copies or electronic files containing photos of the original diplomas or certificates of survey and mapping and labor contracts or recruitment decisions of technical employees to be added;

c/ Copies or electronic files containing photos of the original invoices or papers proving ownership of survey and mapping measurement instruments, equipment, software and technologies to be added;

d/ The original survey and mapping license.

2. Order and procedures for addition of survey and mapping activities:

a/ The submission and receipt of dossiers, dossier appraisal responsibility and appraisal of dossiers of request for addition of survey and mapping activities must comply with Clauses 1, 2 and 3, Article 33 of this Decree. The appraisal record shall be made according to Form No. 15 in Appendix I to this Decree;

b/ The addition of survey and mapping activities in a survey and mapping license and delivery of the license to the requesting organization must comply with Clause 4, Article 33 of this Decree;

c/ The head of the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall approve the addition of survey and mapping activities in the granted survey and mapping license. The validity period of the new license is the same as that of the granted one.

Article 35.Extension of survey and mapping licenses

1. At least 60 days before its survey and mapping license expires, if an organization wishes to have its license extended, it shall send a dossier of request for license extension to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment for carrying out extension procedures. A license may not be extended after it expires.

2. A dossier of request for extension of a survey and mapping license must comprise:

a/ A written request for extension of a survey and mapping license, made according to Form No. 14 in Appendix I to this Decree;

b/ The original survey and mapping license.

3. Order and procedures for extension of a survey and mapping license:

a/ The extension-requesting organization shall send one dossier set as prescribed in Clause 2 of this Article via the online public service system or submit it directly or send it by post to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment;

b/ Within 3 working days after receiving a complete dossier of request for license extension, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall check information about the granted license, complete the extension of the license, and deliver the extended license to the requesting organization, and send an electronic file containing a photo of the extended license to the specialized natural resources and environment agency of the provincial-level People’s Committee, for organizations whose license application dossiers are appraised by the specialized natural resources and environment agencies of provincial-level People’s Committees.

If finding that a dossier is incomplete, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall send a written notice or an email to the extension-requesting organization for completion of the dossier as required.

4. Extension of survey and mapping licenses of foreign contractors

a/ Survey and mapping licenses of foreign contractors may be extended after project owners extend the execution period of bidding packages;

b/ For foreign contractors, a dossier of request for extension of a survey and mapping license must comply with Clause 2 of this Article and shall be enclosed with certified copies of the documents of the project owner on the extension of the execution period of the bidding package;

c/ The order and procedures for extension of a survey and mapping license for foreign contractors must comply with Clause 3 of this Article;

d/ The extended period of a survey and mapping license for a foreign contractor is equal to the extended execution period of the bidding package.

Article 36.Re-grant of survey and mapping licenses

1. If its survey and mapping license is lost, an organization shall make a written request for license re-grant according to Form No. 14 in Appendix I to this Decree and send it to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment.

2. Within 3 working days after receiving a written request for re-grant of a survey and mapping license, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall check information about the granted license, complete the re-grant of the license, deliver the re-granted license to the requesting organization, and send an electronic file containing a photo of the re-granted license to the specialized natural resources and environment agency of the provincial-level People’s Committee, for organizations whose license application dossiers are appraised by the specialized natural resources and environment agencies of provincial-level People’s Committees.

The serial number, licensed survey and mapping activities and validity period of the re-granted license are the same as those of the lost one.

Article 37.Renewal of survey and mapping licenses

1. A survey and mapping license may be renewed in one of the following cases:

a/ The license holder requests the renewal due to change of its head office address and information in the license;

b/ The license is torn and damaged unusably.

2. A dossier of request for renewal of a survey and mapping license must comprise:

a/ A written request for renewal of a survey and mapping license, made according to Form No. 14 in Appendix I to this Decree;

b/ The old survey and mapping license.

3. Order and procedures for requesting renewal of a survey and mapping license:

a/ The renewal-requesting organization shall send one dossier set prescribed in Clause 2 of this Article via the online public service system or submit it directly or send it by post to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment;

b/ Within 3 working days after receiving a complete and valid dossier, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall complete the renewal of the license, deliver the renewed license to the requesting organization, and send an electronic file containing a photo of the renewed license to the specialized natural resources and environment agency of the provincial-level People’s Committee, for organizations whose license application dossiers are appraised by the specialized natural resources and environment agencies of provincial-level People’s Committees.

Article 38.Charge for appraisal for grant of survey and mapping licenses

Organizations applying for survey and mapping licenses or requesting addition of survey and mapping activities shall pay appraisal charges in accordance with the law on charges and fees.

Article 39.Storage of dossiers of application for survey and mapping licenses

1. The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall store appraisal records of dossiers of application for licenses, appraisal records for addition of survey and mapping activities and copies of the licenses; dossiers of applying organizations which are appraised by the specialized survey and mapping agency of the Ministry of Natural Resources and Environment; and electronic files containing dossiers of applying organizations which are appraised by the specialized natural resources and environment agencies of provincial-level People’s Committees.

2. The specialized natural resources and environment agencies of provincial-level People’s Committees shall store appraisal records of dossiers of application for licenses, appraisal records for addition of survey and mapping activities, and dossiers of applying organizations which are appraised by specialized natural resources and environment agencies of provincial-level People’s Committees.

Article 40.Revocation of survey and mapping licenses

1. Survey and mapping organizations will have their survey and mapping licenses revoked when they commit one of the violations specified in Clause 6, Article 51 of the Law on Survey and Mapping.

2. After receiving a written request from an inspection or examination agency or another competent agency defined by law for the revocation of the survey and mapping license of an organization, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall issue a decision to revoke the license and publish the list of organizations whose licenses are revoked; remove their names from the published list of survey and mapping organizations on the agency’s portal, and send copies of the license revocation decision to related agencies and organizations.

3. An organization whose survey and mapping license is revoked shall stop providing survey and mapping services on the date the license revocation decision takes effect; and shall pay compensation for damage caused by the revocation to related agencies and organizations.

4. An organization whose survey and mapping license is revoked may apply for a new license after 12 months from the date of license revocation and after having fulfilled all obligations arising from the license revocation.

Article 41.Contents and time of publishing information about organizations which are granted survey and mapping activities licenses

1. Information to be published about an organization which is granted a survey and mapping license includes the name of the organization and its head office address; at-law representative; person in charge of technical matters; serial number of the establishment decision or enterprise code, serial number of the license, date of grant and expiry date, list of licensed survey and mapping activities; and information about changes related to the license and license revocation.

2. Within 2 working days after granting, extending, making addition to, re-granting, renewing or revoking a survey and mapping license or after receiving information about changes related to the license from the license holder, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall publish the information specified in Clause 1 of this Article on the portal of the Ministry of Natural Resources and Environment for public information.

 

Chapter VIII

SURVEY AND MAPPING PRACTICE CERTIFICATES

Article 42.Lists of jobs of survey and mapping practice

1. The list of class-I jobs of survey and mapping practice includes:

a/ Formulating schemes, projects and technical designs and cost estimates for survey and mapping tasks;

b/ Inspecting the quality of survey and mapping products;

c/ Conducting surveys and establishing maps from aerial photo data and remote sensing image data;

d/ Building the national fundamental geographical database;

dd/ Conducting surveys and establishing maps by direct measurement method;

e/ Establishing thematic maps and atlas.

2. The list of class-II jobs of survey and mapping practice includes:

a/  Formulating technical designs and cost estimates for survey and mapping tasks;

b/ Conducting surveys and establishing maps from aerial photo data and remote sensing image data;

c/ Building the national fundamental geographical database;

d/ Conducting surveys and establishing maps by direct measurement method;

dd/ Establishing thematic maps.

Article 43.Time limits for and contents of grant of survey and mapping practice certificates

1. A survey and mapping practice certificate has the validity period of 5 years and may be extended with each extension of 5 years.

2. A survey and mapping practice certificate shall be made according to Form No. 19 in Appendix I to this Decree, containing the following principal information:

a/ Certificate code consisting of two groups. The first group consists of 3 characters indicating the certificate-granting agency. The certificate-granting agency may be the specialized survey and mapping agency of the Ministry of Natural Resources and Environment or one of the 63 specialized natural resources and environment agencies of provincial-level People’s Committees specified in Appendix II to this Decree. The second group is the serial number of the certificate consisting of 5 digits starting from 00001;

b/ Personal information of the certificate holder, including full name, date of birth, serial number of the citizen identity card or people’s identity card, 4x6 cm photo, and permanent residence address;

c/ Professional qualification, training major and training institution;

d/ Content of practice, class and validity period of the certificate;

dd/ Signature and seal of the head of the certificate-granting agency.

3. Individuals who satisfy all the conditions specified in Clause 3, Article 53 of the Law on Survey and Mapping may be granted practice certificates to perform one or several of the jobs on the list of jobs of survey and mapping practice specified in Article 42 of this Decree.

4. A survey and mapping practice certificate shall be granted for one or several of the jobs on the list of jobs of survey and mapping practice specified in Article 42 of this Decree.

Article 44.Testing for grant of survey and mapping practice certificates and test contents

1. Councils for consideration of the grant of survey and mapping practice certificates:

a/ The agency competent to grant survey and mapping practice certificates prescribed in Clause 5, Article 53 of the Law on Survey and Mapping shall form a council for consideration of the grant of survey and mapping practice certificates to organize the appraisal of dossiers and tests of working experience and legal knowledge of individuals applying for a certificate;

b/ The head of the practice certificate-granting agency shall decide on the composition of the council, with the council president being a leader and the standing member being a civil servant or public employee of this agency. Other council members may be civil servants and public employees with professional qualifications relevant to the contents considered for the grant of practice certificates and experts with professional qualifications in the contents considered for the grant of practice certificates who are invited by the council president. A council shall be composed of 5 members;

c/ A council for consideration of the grant of survey and mapping practice certificates shall operate on a part-time basis according to a working regulation issued by the head of the practice certificate-granting agency.

2. Test contents:

a/ Testing working experience and legal knowledge;

b/ Testing shall be conducted in the form of multiple-choice test of 45 minutes;

c/ A test question paper consists of 40 questions, including 24 about working experience and 16 about legal knowledge relating to the contents for which a practice certificate is applied; these questions shall be picked up randomly from a question bank developed by the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment and published on the portal of this agency;

d/ The maximum score for a test is 100 points, including 60 for working experience and 40 for legal knowledge. Those who get a score of at least 80 points shall be regarded as being eligible for the grant of practice certificates.

For those who are exempted from either part of the test, the result of the test of the remaining part must be at least 80% of the maximum points for such part;

dd/ The testing of working experience shall be held on each job on the list of jobs of survey and mapping practice specified in Article 42 of this Decree;

e/ The testing of legal knowledge shall be conducted only once in each test.

3. Individuals eligible for test exemption:

a/ Exemption from working experience test: survey and mapping employees of class II or equivalent or higher class;

b/ Exemption from legal knowledge test: those who possess a university or higher degree in law; and heads, deputy heads, and secretaries of compilation boards or editorial groups for at least one legal document within the promulgating competence of the National Assembly or Government.

4. The agency competent to grant survey and mapping practice certificates shall organize the consideration of the grant of certificates not more than 3 times a year, and announce the time of the test and consideration of the grant of certificates on its portal at least 30 days in advance.

5. At least 10 days before organizing a test, the council for consideration of the grant of practice certificates shall issue a written notice and publish information about the time and venue of the test and the code of each test taker on the portal of the agency competent to grant practice certificates.

6. Within 5 working days after the ending day of the test, the council for consideration of the grant of practice certificates shall summarize and report the results of the test and grant of practice certificates to the agency competent to grant practice certificates for publishing on the latter’s portal.

Article 45.Refresher courses on survey and mapping activities

1. Refresher courses on survey and mapping activities shall be held at training institutions that have the survey and mapping training function and task.

2. The program of a refresher course and training materials must conform to the framework program issued by the Ministry of Natural Resources and Environment.

Article 46.Dossiers of application for survey and mapping practice certificates

1. A dossier of application for a survey and mapping practice certificate must comprise:

a/ An application for a practice certificate, made according to Form No. 17 in Appendix I to this Decree, enclosed with one 4x6 cm color photo with white background;

b/ Copies of diplomas and certificates granted by lawful training institutions; a health certificate certifying that the applicant is physically fit to practice, granted by a qualified health establishment as prescribed;

c/ A declaration of the applicant’s working experience, made according to Form No. 18 in Appendix I to this Decree;

d/ Copies of papers proving that the applicant is exempted from a professional knowledge or legal knowledge test.

2. A dossier of application for a practice certificate shall be sent to the certificate-granting agency as follows:

a/ Via the online public service system; or,

b/ Submitting directly or sending by post one paper dossier set enclosed with an electronic file containing the dossier.

3. Individuals shall send a dossier of application for a survey and mapping practice certificate prescribed in Clauses 1 and 2 of this Article to:

a/ The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment, for applicants for class-I practice certificates; or,

b/ The specialized natural resources and environment agency of the provincial-level People’s Committee of the locality where the applicant resides, for applicants for class-II practice certificates.

4. The agency competent to grant practice certificates shall check the completeness and validity of dossiers. If finding that a dossier is invalid, this agency shall issue a written notice or an email to the applicant for completion of the dossier as required.

Article 47.Procedures for granting survey and mapping practice certificates

1. After 10 working days from the date of publishing the results of testing and consideration of grant of practice certificates as prescribed in Clause 6, Article 44 of this Decree, the head of the agency competent to grant practice certificates shall sign and grant survey and mapping practice certificates.

2. For individuals who are ineligible to be granted a survey and mapping practice certificate, the agency competent to grant practice certificates shall issue a notice clearly stating the reason for refusing to grant a certificate to the applicant.

Article 48.Extension of survey and mapping practice certificates

1. At least 30 days before his/her survey and mapping practice certificates expires, an individual who wishes to request extension thereof shall send a dossier of request for extension of a practice certificate to the agency that has granted the certificate for carrying out extension procedures. A practice certificate may not be extended after its expiry date.

2. A dossier of request for extension of a survey and mapping practice certificate must comprise:

a/ A written request for extension of a survey and mapping practice certificate, made according to Form No. 17 in Appendix I to this Decree;

b/ A declaration of participation in survey and mapping activities or a knowledge updating certificate relevant to the job of practice issued within 3 years before the certificate expires, made according to Form No. 20 in Appendix I to this Decree;

c/ A health certificate issued by a qualified health establishment as prescribed;

d/ The original survey and mapping practice certificate.

3. Order and procedures for extension of survey and mapping practice certificates:

a/ An individual requesting extension of his/her survey and mapping practice certificate shall send a dossier prescribed in Clause 2 of this Article to the agency that has granted the certificate;

b/ Within 3 working days after receiving a complete and valid dossier, the agency competent to grant practice certificates shall check information about the granted practice certificate, complete the extension of the certificate and deliver the extended certificate to the extension requester.

In case the dossier is invalid, the agency competent to grant practice certificates shall send a written notice or an email to the extension requester for completion of the dossier as required.

Article 49.Re-grant and renewal of survey and mapping practice certificates

1. Survey and mapping practice certificates may be re-granted in case they are lost.

2. Survey and mapping practice certificates may be renewed in case they are torn and damaged unusably or when certificate holders wish to change information therein.

3. A dossier of request for re-grant or renewal of a survey and mapping practice certificate must comprise:

a/ A written request for re-grant or renewal of a practice certificate, made according to Form No. 17 in Appendix I to this Decree, enclosed with a 4x6 cm color photo with white background or an electronic file containing a color photo of the original request for re-grant or renewal of a practice certificate and a 4x6 cm color photo with white background;

b/ The granted survey and mapping practice certificate, for the case referred to in Clause 2 of this Article.

4. Order and procedures for re-grant or renewal of survey and mapping practice certificates:

a/ The requester being an individual for re-grant or renewal of a survey and mapping practice certificate shall send a dossier prescribed in Clause 3 of this Article to the agency that has granted the certificate;

b/ Within 3 working days after receiving a complete and valid dossier, the agency competent to grant practice certificates shall complete the re-grant or renewal of the certificate and deliver the re-granted or renewed one to the requester.

In case the dossier is invalid, the agency competent to grant practice certificates shall send a written notice or an email to the requester for completion of the dossier as required.

The contents on the jobs of survey and mapping practice and validity period of the re-granted or renewed certificate are the same as those of the old certificate.

Article 50.Revocation of survey and mapping practice certificates

1. Survey and mapping practice certificates shall be revoked in case their holders commit prohibited acts in survey and mapping activities specified in Article 6 of the Law on Survey and Mapping and other relevant laws.

2. After receiving a written request from an inspection or examination agency or another competent agency define by law for the revocation of survey and mapping practice certificates for individuals, the certificate-granting agency shall issue a decision to revoke the certificate and publish the list of individuals whose certificates are revoked; remove their names from the list of survey and mapping practitioners published on the agency’s portal, and send copies of the certificate revocation decision to related agencies and organizations.

3. An individual whose survey and mapping practice certificate is revoked shall stop performing the job(s) of survey and mapping practice on the date the certificate revocation decision takes effect; and pay compensation for damage caused by the revocation to related agencies and organizations.

Article 51.Storage of dossiers of application for survey and mapping practice certificates

1. Agencies competent to grant survey and mapping practice certificates shall store dossiers of application for, and dossier of request for re-grant, renewal and extension of survey and mapping practice certificates they have processed.

2. The specialized natural resources and environment agencies of provincial-level People’s Committees shall send electronic files containing photos of the original survey and mapping practice certificates they have granted to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment.

Article 52.Contents and time of publishing information about individuals who are granted survey and mapping practice certificates

1. Information to be published about a survey and mapping practice certificate includes full name, date of birth, permanent residence address, professional qualifications of the certificate holder, and code, class, content of practice, date of grant and expiry date of the certificate.

2. Time of publishing information:

a/ Within 3 working days after granting a survey and mapping practice certificate, the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment shall publish on its portal the information about individuals who are granted these certificates by the agency;

b/ Within 3 working days after granting a survey and mapping practice certificate, the specialized natural resources and environment agency of a provincial-level People’s Committee shall publish information about individuals who are granted these certificates on its portal and the portal of the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment;

c/ Published information may be widely accessed.

 

Chapter IX

IMPLEMENTATION PROVISIONS

Article 53.Effect

This Decree takes effect on May 1, 2019. The Government’s Decree No. 45/2015/ND-CP of May 6, 2015, on survey and mapping activities, ceases to be effective on the date this Decree takes effect.

Article 54.Transitional provision

Dossiers of application for survey and mapping licenses which are received by competent state agencies for processing according to survey and mapping-related administrative procedures before the date this Decree takes effect shall be processed under the Government’s Decree No. 45/2015/ND-CP of May 6, 2015, on survey and mapping activities.

Article 55.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

 

APPENDIX I

(To the Government’s Decree No. 27/2019/ND-CP of March 13, 2019)

Form No. 01

Report on survey and mapping activities of an organization

Form No. 02

Report on survey and mapping activities of a ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee

Form No. 03

Record of the on-site handover of geodetic markers and their protection corridors

Form No. 04

Plan on the positions of geodetic markers and their protection corridors

Form No. 05

Record of the handover of the list of geodetic markers

Form No. 06

Record of the handover of survey and mapping information, data and products

Form No. 07

Record of the certification of the origin of copies of documents on survey and mapping information, data and products

Form No. 08

Request for provision of survey and mapping information, data and products

Form No. 09a

Request for provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret to a foreign organization

Form No. 09b

Request for provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret to a foreign individual

Form No. 10

Application for a survey and mapping license to a domestic organization

Form No. 11

Application for a survey and mapping license to a foreign contractor

Form No. 12

Declaration of working history

Form No. 13

Request for addition of contents to survey and mapping license

Form No. 14

Request for extension/re-grant/renewal of a survey and mapping license

Form No. 15

Record of the appraisal of the dossier of application for a survey and mapping license

Form No. 16

Form of survey and mapping license

Form No. 17

Application for, or request for re-grant/renewal/extension of a survey and mapping practice certificate

Form No. 18

Declaration of work experience

Form No. 19

Form of survey and mapping practice certificate

Form No. 20

Declaration of work experience/knowledge updating

 

Form No. 01

NAME OF MANAGING AGENCY
NAME OF REPORTINGORGANIZATION

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

No.:  /BC-…..

.……., day…….month……..year……

 

REPORT ON SURVEY AND MAPPING ACTIVITIES

Year……………..

To:………………………………………….

I. General information

1. Name of organization:………………………………………….…….

2. Head office address:…………………………....……………….......…

Telephone number:…………Fax number:………Email:.......................

3. Survey and mapping license No………Date of grant:…….............…

II. Survey and mapping activities performed

No.

Survey and mapping activities

Work owner

Value (VND million)

 

 

 

 

 

 

 

 

 

 

 

 

III. Technical employees in survey and mapping

No.

Specialty

Total

Postgraduate degree

University degree

College/intermediate degree

Technical worker

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IV. Equipment and technology capacity

No.

Name of equipment or technology

Quantity

Actual state of equipment

 

 

 

 

 

 

 

 

 

 

 

 

V. Difficulties and recommendations

 

 

HEAD OF ORGANIZATION
(Signature, full name and seal)

 

Form No. 02

(REPORTING AGENCY)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

No.: /BC-…

.……., day…….month……..year……

 

REPORT ON SURVEY AND MAPPING ACTIVITIES

Year……………..

To:………………………………………….

I. SITUATION OF SURVEY AND MAPPING ACTIVITIES

1. General situation of survey and mapping activities of the ministry/provincial-level People’s Committee…

To state principal contents of survey and mapping activities performed by the ministry/provincial-level People’s Committee in the year.

2. Results of promulgation of legal documents on survey and mapping in …(year)

No.

Type of document

Serial number, code, and date of promulgation of document

Extracted content

1

Legal documents on survey and mapping promulgated according to competence

 

 

2

National technical standards already formulated and declared

 

 

3. Organization of performance ofsurvey and mapping tasks

a/ Results of implementation of survey and mapping schemes, projects and tasks (which are approved by the Prime Minister/ministry/provincial-level People’s Committee and funded from the state budget and ODA loans)

For every survey and mapping scheme, project or task, to state the following principal contents:

- Name of the survey and mapping scheme, project or task;

- Scope of the survey and mapping scheme, project or task;

- Agency assuming the prime responsibility for implementation of the survey and mapping scheme, project or task;

- Major information, data and products of the survey and mapping scheme, project or task;

- Implementation result in the year;

- Place for storage of survey and mapping information, data and products.

b/ Result of building of geographic data as assigned in Article 27 of this Decree

To state the result of building of each type of data, the scope, area, volume, map scale, quality, metadata, storage place, and data-related information, etc.

4. Situation of geodetic markers under management

No.

Type of marker

Number of markers currently under management

Situation of marker

Code of lost marker

Code of damaged marker

Code of marker with protection corridor encroached

1

National coordinate marker

 

 

 

 

2

National elevation marker

 

 

 

 

3

National gravity marker

 

 

 

 

4

Basic cadastral marker

 

 

 

 

5

Specialized geodetic marker

 

 

 

 

5. Summarization of information on funding implemented in the year

To summarize information on the funding allocated from the state budget and other sources of funding to the ministry, sector or locality for conducting survey and mapping activities.

II. DIFFICULTIES, PROPOSALS AND RECOMMENDATIONS

To point out shortcomings and difficulties and make proposals and recommendations.

 

 

HEAD OF REPORTING AGENCY
(Signature, full name and seal)

 

 Form No. 03

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

 

Record of the on-site handover of geodetic markers and
their protection corridors

Today, day …… month ……… year ………, at …………… (commune/ward/township) ………… (city/district) ………… (province/city) ……............

We, including:

Work owner (party handing geodetic markers and their protection corridors)………………………………………………….

- Representative of the work owner:……….Position:………...………..

- Representative of the construction company: ……… Position:………..

Commune/ward/township People’s Committee (party receiving geodetic markers and their protection corridors):...................................

Represented by Mr. / Ms: ………………… Position: ……....................

Witnesses:

Name of land user (1):……………People’s identity card number/citizen identity card number:………........

Name of land user (2):……………People’s identity card number/citizen identity card number:………........

Have conducted the on-site handover of geodetic markers and their protection corridors to the commune/ward/township People’s Committee …… in the presence of related land user(s), specifically as follows:

1. Code of geodetic marker:……………………..………….....………

2. The geodetic marker is located at …………… in relation to land lot No. ……… of cadastral map No. ………… under the land use rights of Mr./Ms (1), (2)…………………................................

The Plan on the positions of geodetic markers and their protection corridors (made according to Form No. 04 in Appendix I to this Decree).

The People’s Committee of commune ……… is responsible for publicizing the positions of geodetic markers and their protection corridors in accordance with law.

This record is read to all participants and made in .... copies which are of the same legal validity; one copy shall be kept by the People’s Committee of commune……...; one copy kept by each land user; and 3 copies kept by the work owner.

HANDING PARTY

REPRESENTATIVE OF THE WORK OWNER

(Position, signature, full name and seal) 

RECIPIENT

CHAIRPERSON
OF THE PEOPLE’S COMMITTEE OF COMMUNE

(Signature, full name and seal)

REPRESENTATIVE

OF CONSTRUCTION COMPANY

(Position, signature, full name and seal) 

LAND USER

(Signature and full name)

 

LAND USER

(Signature and full name)

 

Form No. 04

PLAN ON THE POSITIONS OF GEODETIC MARKERS AND THEIR PROTECTION CORRIDORS(1)

1. Code of geodetic marker:…….; type of geodetic marker: (coordinates, elevation and gravity), grade of geodetic marker

Longitude:.............................................................................................

Latitude:…………………………………………………………………..

2. The geodetic marker is located at ………………… in relation to land lot No. …………… of cadastral map No. ……………..

3. Related land users:………………………………………………

Area of land for construction of geodetic marker ……… m2;

Scope of protection corridor of geodetic marker:……………………………… (radius measured from the central point of the marker as prescribed in Article 15 of this Decree for each type of marker);

(The minimum plan size is 14 cm x 14 cm)

PLAN MAKER

(Signature and full name) 

………, day …… month …… year ....

CONSTRUCTION COMPANY

(Position, signature, full name and seal) 

CERTIFICATION BY THE PEOPLE’S COMMITTEE OF COMMUNE…

(Position, signature, full name and seal) 

Note:

(1) Made on an extract of a cadastral map or extract of cadastral excerpt

 

Form No. 05

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

RECORD OF THE HANDOVER OF THE LIST OF GEODETIC MARKERS

Today, day……month……year, at(1)(province/city)................................

We, including:

Work owner (Party handing the list of geodetic markers)………………

Represented by Mr./Ms.:…………….…….Position: ...........................

Department of Natural Resources and Environment (Party receiving the list of geodetic markers):…………...................…………….

Have handed over the list of geodetic markers in province/city…, specifically as follows:

1. List of geodetic markers

No.

Code of marker

Grade

Place where the marker is located

(Name of commune-level administrative unit)

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

2. Plan on positions of geodetic markers

There are …… plans on positions of geodetic markers in total, corresponding to the list of geodetic markers.

This record is made in 4 copies which are of the same legal validity; 2 copies shall be kept by the work owner; and 2 copies kept by the specialized natural resources and environment agency of the provincial-level People’s Committee.-

WORK OWNER
(Position, signature, full name and seal) 

Specialized natural resources and environment agency of the provincial-level People’s Committee
(Position, signature, full name and seal) 

 

Note:

(1) Specialized natural resources and environment agency of the provincial-level People’s Committee.

 

Form No. 06

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

 

RECORD OF HANDOVER

OF SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS

Today, day…, month…, year…

At: ………………………….. (head office of the unit receiving survey and mapping information, data and products), we, including:

THE PARTY HANDING SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS:

Represented by Mr./Ms.:……………………………………………..

Position:……………………………………………………………….

THE PARTY RECEIVING SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS:

Represented by Mr./Ms.:…………………………………….………..

Position:……………………………………………………………….

Conducted the handing and receipt of survey and mapping information/data/product(s) of the project/scheme……, specifically as follows:

No.

List of information, data and product(s)

Unit of calculation

Quantity

Note

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This record is made in 4 copies, which are of the same legal validity. Each party keeps 2 copies.

REPRESENTATIVE OF THE HANDING PARTY
(Position, signature, full name and seal)

REPRESENTATIVE OF THE RECEIVING PARTY
(Position, signature, full name and seal)

 

Form No. 07

NAME OF AGENCY
(of department level or equivalent)

NAME OF AGENCY OR ORGANIZATION PROVIDING SURVEY AND MAPPING INFORMATION, DATAAND PRODUCTS

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

…., day…., month….., year….

WRITTEN CERTIFICATION OF THE ORIGIN OF COPIES OF DOCUMENTS ON SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS

No.:…………..

(Name of the agency or organization providing survey and mapping information, data and products)…….………………………………………

Certifies the origin of the copy(ies) of the document(s) on survey and mapping information/data/product(s) provided to…….. (clearly state the name of the organization/individual exploiting or using the survey and mapping information/data/ product(s))

According to the written request for provision of survey and mapping information, data and products No.:…/… of day…., month….., year…..

The provided survey and mapping information/data/product(s) include(s):

No.

List of information, data and product(s)

Area

Unit of calculation

Quantity

Use purposes(Clearly stating the name of the project/scheme)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HEAD OF THE AGENCY/ORGANIZATION
(Signature, full name and seal)

 

Form No. 08

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

WRITTEN REQUEST FOR PROVISION OF SURVEY AND MAPPING INFORMATION/DATA/PRODUCTS

No.: ………

 

Outside the list of state secretscOn the list of state secretsc

To(1): ………………………………………………

Full name:………………………………. ………………………………

Serial number of citizen identity card/People’s identity card/Passport: ………. issued on: day…., month….., year…… at ……… Citizenship (for foreigners):…….. ………..

Representing (the requester):………………………………...………....

Address:…………………………………………………………………

According to official letter/ letter of introduction No.:……...…………

List of survey and mapping information, data and products requested for provision:

No.

List of information, data and products

Area

Unit of calculation

Quantity

Use purposes
(Clearly stating the name of the project/scheme)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The requester commits, and will concurrently notify persons involved in the management, exploitation and use of survey and mapping information, data and products to commit:

- To exploit and use the provided survey and mapping information, data and products for the proposed purposes;

-To refrain from providing or transferring them to other organizations and individuals for use for other purposes;

- To comply with the State’s regulations on management and use of materials on the list of state secrets (if any); to refrain from using the provided information and data for being constituted into information and data classified as state secrets.

 

APPROVED BY(1)

(Position, signature, full name and seal)

…., day….month….year…..

REQUESTER

(Signature and full name)

 

Notes:

(1)- The heads of agencies and organizations providing survey and mapping information, data and products shall approve the provision of survey and mapping information, data and products outside on the list of state secrets.

- Competent persons prescribed in Clause 8, Article 21 of this Decree shall approve the provision of survey and mapping information, data and products on the list of state secrets upon receiving a written request of competent authorities.

Form No. 09a

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

WRITTEN REQUEST FOR PROVISION OF SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS ON THE LIST OF STATE SECRETS WHICH ARE CLASSIFIED AS TOP SECRET OR SECRET TO FOREIGN ORGANIZATIONS

No.:………….

To(1):………………………………….

Name of organization: .…………………….…………………………..

Representative of the agency or organization: …………………..…...

Citizenship: ………… Passport No.:……… …….Position: ………….

Address: …………………………………………………………………

Pursuant to the Government’s Decree No…./2019/ND-CP of day…, month… 2019, detailing a number of articles of the Law on Survey and Mapping, I would like to request the provision of survey and mapping information, data and products on the list of state secrets as follows:

No.

Type of information, data and products)

Area

Unit of calculation

Quantity

Use purposes
(Clearly stating the name of the project/scheme)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As the requester’s representative, I have studied Vietnam’s regulations on the use and management of survey and mapping information, data and products on the list of state secrets. I commit, and will concurrently notify persons involved in the management, exploitation and use of survey and mapping information, data and products to commit:

1. To comply with the Vietnamese State’s regulations on management and use of materials on the list of state secrets;

2. To exploit and use the provided information and data for the proposed purposes; to refrain from providing or transferring them to other organizations and individuals for use for other purposes.

 

….., day…month….year….

REQUESTER

(Signature and full name)

1. Opinions of related agencies and organizations(1): ……… (Clearly stating the name of the agency or organization or the title of the competent person, with his/her full name and signature)

2.Agency or organization approving the provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret(2): …………………………(Clearly stating the name of the agency or organization or the title of the competent person, with his/her full name and seal)

HEAD OF AGENCY
(Signature, full name and seal)

Notes:

(1) Vietnamese agencies and organizations assuming the prime responsibility for related international cooperation programs and projects under the law on protection of state secrets.

(2) Agencies and organizations approving the provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret prescribed at Point b, Clause 2, Article 22 of this Decree.

Form No. 09b

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

WRITTEN REQUEST FOR PROVISION OF SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS ON THE LIST OF STATE SECRETS WHICH ARE CLASSIFIED AS TOP SECRET OR SECRET TO FOREIGN INDIVIDUALS

No.:…………..

To(1)(2): ………………………………….

Full name: ………………………………………………………………..

Passport No.: …………….………………………………………………

Contact address: …………………………………………………………

Pursuant to the Government’s Decree No…./2019/ND-CP of day…, month… 2019, detailing a number of articles of the Law on Survey and Mapping, I would like to request the provision of survey and mapping information, date and products on the list of state secrets as follows:

No.

Type of information, data and products

Area

Unit of calculation

Quantity

Use purposes
(Clearly stating the name of the project/scheme)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As the requester’s representative, I have studied Vietnam’s regulations on the use and management of survey and mapping information, data and products on the list of state secrets. I commit, and will concurrently notify persons involved in the management, exploitation and use of survey and mapping information, data and product) to commit:

1. To comply with the Vietnamese State’s regulations on the management and use of materials on the list of state secrets;

2. To exploit and use the provided information and data for the proposed purposes; to refrain from providing and transferring them to other organizations and individuals for use for other purposes.

 

….., day…month….year….

REQUESTER
(Signature and full name)

 

1. Opinions of related agencies and organizations(1): ……… (Clearly stating the name of the agency or organization or the title of the competent person, with his/her full name and seal)

2. Agency or organization approving the provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret(2):…………………………(Clearly stating the name of the agency or organization or the title of the competent person, with his/her full name and seal)

HEAD OF AGENCY
(Signature, full name and seal)

Notes:

(1) Vietnamese agencies and organizations assuming the prime responsibility for related international cooperation programs and projects under the law on protection of state secrets.

(2) Agencies and organizations approving the provision of survey and mapping information, data and products on the list of state secrets which are classified as top secret or secret prescribed at Point b, Clause 2, Article 22 of this Decree.

 

Form No. 10

NAME OF ORGANIZATION

 

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

............., day.....month......year.....

 

WRITTEN REQUEST FOR A SURVEY AND MAPPING LICENSE

To:    (The specialized survey and mapping management agency
under the Ministry of Natural Resources and Environment)

- The Ministry of Natural Resources and Environment

 

PART I. GENERAL INFORMATION

Name of organization:………………………………………………….

Enterprise registration certificate/Establishment decision No.:….........

Head office address:……………………..……………………………..

Website: ……………………………….................................................

Phone number :………..Fax :…………Email :………..Website:…………………..

Pursuant to the Government’s Decree No…./2019/ND-CP of day…, month… 2019, detailing a number of articles of the Law on Survey and Mapping, we would like to ask the specialized survey and mapping management agency under the Ministry of Natural Resources and Environment to grant a survey and mapping license with the following contents:

1          …………………………………………………………………………

2          …………………………………………………………………………

3          …………………………………………………………………………

4          …………………………………………………………………………

(Clearly stating activities requested to be licensed)

 

PART II. CAPACITY DECLARATION

I. TECHNICAL EMPLOYEES

1. Technical employees(1)in survey and mapping activities by specialty

Unit of calculation: Person

No.

Specialty

University or higher degree

Intermediate or college degree

Technical worker

1

(Geodesy)

05

02

0

2

(Cadastral affairs)

...

...

...

...

................

...

...

...

 

2. At-law representative and person in charge of technical matters

No.

Full name

Position

Degree

Working Seniority(2)

1

(Nguyen Van A)

(Director)

...........

.........

2

(Nguyen Van B)

(In charge of technical matters

(Geodetic engineer )

(05 years)

 

3. List of survey and mapping technical employees

No.

Full name

Position

Degree

(Working seniority)(2)

1

(Nguyen Van B)

(In charge of technical matters)

(Geodetic engineer)

(05 years)

2

(Nguyen Van C)

(Employee)

(Intermediate degree of cadastral affairs)

(03 years)

3

.................

...........

..........

.............

.....

................

...........

..........

.............

 

II. TECHNOLOGICAL EQUIPMENT

No.

Name and code of equipment and technology

Quantity

State

Note

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

.......

................

.......

.....

.......

Commiment:…….. (name of the organization) shall take responsibility for the declared contents.-

 

AT-LAW REPRESENTATIVE

(Position, signature, full name and seal)

Notes:

(1)To fill in based on the actual degree.

(2)To be calculated from the time of obtaining the first degree.

Form No. 11

CONTRACTOR’SNAME

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

…, …day… month……year

 

APPLICATION FOR A SURVEY AND MAPPING LICENSE

To:

 

(The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment)

- The Ministry of Natural Resources and Environment

I. GENERAL INFORMATION

Contractor’s name:..............................................................................

Address of overseas head office..........................................................

Telephone number: ………..… Fax: …… Email:.................................

Website.......................................................................................................

Registered address in Vietnam..................................................................

Telephone number: ………… Fax: …………… Email:...........................

Contractor selection/Bid-winning decision No.:.......................................

Name of decision-issuing agency/organization:........................................

Pursuant to the Government’s Decree No. /2019/ND-CP of …day… month, 2019, detailing a number of articles of the Law on Survey and Mapping, we would like to request the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment and the Ministry of Natural Resources and Environment to grant a survey and mapping license with the following contents:

1..................................................................................................................

2................................................................................................................

3..................................................................................................................

4............................................................................................................

(Clearly state activities requested to be licensed)

II. SCOPE AND PERIOD OF OPERATION

1. Scope of operation: To clearly write the scope of survey and mapping activities of the bidding packages according to administrative unit(s) enclosed with coordinates in the national coordinate system.

2. Requested validity period of license: To write it according to the time of registration for implementation of survey and mapping activities in the contractor’s bid dossier.

III. CAPACITY DECLARATION

1. Technical employees

a/ Number of technicians under the bid dossier

No.

Technical specialties

According to the contractor’s registration of bid dossier

Existing number

1

Survey

….

 

2

Mapping

...

 

…………..

 

 

b/ List of existing survey and mapping technical employees

No.

Full name

Degree

Working seniority(2)

1

(Nguyen Van B)

(Geodetic engineer)

(05 years)

2

(Nguyen Van C)

(Intermediate degree of cadastral affairs)

(03 years)

3

………………

………………

………………

 

2. Equipment and technologies

No.

Name and code of equipment and technologies

Registered quantity according to bid dossier

Existing actual quantity

Note

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

.…

………………

………

………

….

 

We commit to take responsibility before law for the declared contents.-

 

CONTRACTOR’S REPRESENTATIVE
(Position, signature, full name and seal)

 

 Form No. 12

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

DECLARATION OF WORKING PROCESS

I. GENERAL INFORMATION

Full name:..................................................................................................

Date of birth:.............................................................................................

Serial number of citizen identity card/people’s identity card: ………………...........
date of issuance……………........… Card-issuing agency.................................

Profession qualification:........................................................................

Place of permanent residence:....................................................................

Workplace:.................................................................................................

II. TRAINING PROCESS

Period

Training institution

Degree obtained

Year of graduation

From …  to …

 

 

 

 

 

 

 

 

 

 

 

 

III. WORKING PROCESS

Period

(From …month, …year to …month, …year)

Position and workplace

Jobs performed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I assure that the contents of this declaration are true and shall take full responsibility before law for the untruthful contents, if any.

 

 

CERTIFICATION OF THE DECLARANT’S MANAGER

(Position, signature, full name and seal)

…, …day… month…… year

DECLARANT

(Signature, full name)

 

 Form No. 13

NAME OFORGANIZATION

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

…, …day…... month…… year

 

 REQUEST FOR ADDITION OF CONTENTS TO SURVEY
AND MAPPING LICENSE

To:

(The specialized survey and mapping management agency of the Ministry of Natural Resources and Environment)

- The Ministry of Natural Resources and Environment

 

 PART I. GENERAL INFORMATION

Name of organization:..........................................................................

Address of head office:.........................................................................

Telephone number: ………Fax:……… Email: ……… Website:...........

Enterprise registration certificate/Establishment decision:........................

Survey and mapping license No. … granted on day .... month .... year ...

Summarized report on the operation of the organization from the date of being licensed: (survey and mapping works implemented from year… to year….):

No.

Name of work

Work owner

Implementation period

Place of implementation

Note

1

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

Pursuant to the Government’s Decree No. /2019/ND-CP of …day… month, 2019, detailing a number of articles of the Law on Survey and Mapping, we would like to request the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment and the Ministry of Natural Resources and Environment to approve the addition of survey and mapping activities with the following contents:

1.................................................................................................................

2.............................................................................................................

(Clearly state activities requested for addition)

PART II. CAPACITY DECLARATION

I. TECHNICAL EMPLOYEES

1. Survey and mapping technical employees by specialty(1)

Unit of calculation: person

No.

Specialty

University  or higher degree

Intermediate or collegial degree

Technical workers(1)

Changes from the time of licensing

(increase or decrease in number)

1

(Geodesy)

07

01

0

+ 02 university degrees;

- 01 intermediate degree

2

 

 

 

 

3

 

 

 

 

2. At-law representative and person in charge of technical matters

No.

Full name

Position

Degree

Note

1

(Nguyen Van A)

Director

…………

………

2

(Nguyen Van B)

Team’s head

Geodetic engineer

03 years

3. List of added survey and mapping technical employees

No.

Full name

Position

Degree

Working seniority(2)

1

(Nguyen Van C)

(Employee)

(Geodetic engineer)

(05 years)

2

(Nguyen Van D)

(Employee)

(Intermediate degree of cadastral affairs)

(03 years)

3

………………

………

………

……………

II. EQUIPMENT AND TECHNOLOGIES

No.

Name and code of equipment and technologies

Quantity

Status

Changes from the time of licensing

(Increase or decrease in number)

1

(Electronic total station)

03

+ 02

2

 

 

 

 

3

 

 

 

 

...

 

 

 

 

We commit to take responsibility for the declared contents.-

 

 

AT-LAW REPRESENTATIVE

(Position, signature, full name and seal)

 

 Notes:

(1) To fill in based on degree.

(2) To be calculated from the time of obtaining the first degree.

 

Form No. 14

NAME OFORGANIZATION

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

…, …day… month…… year

 

 REQUEST FOR EXTENSION/RE-GRANT/RENEWAL(1)OF SURVEY AND MAPPING LICENSE

To:      (Specialized survey and mapping management agency of the Ministry of Natural Resources and Environment)

Name of organization:...........................................................................

Enterprise registration certificate/Establishment decision:.....................

At-law representative:...........................................................................

Person in charge of technical matters:...................................................

Address of head office:.......................................................................

Telephone number: …… Fax: ……… Email: ……… Website..............

Survey and mapping license No. …, granted on day.... month ... year ...

Summarized report on the operation of the organization from the time of being licensed:

- To list a number of construction works performed during the validity period of the license.

- To make statistics on the actual situation of human resources, equipment and technologies, etc.

Pursuant to the Government’s Decree No. ..../2019/ND-CP of …day …month, 2019, detailing a number of articles of the Law on Survey and Mapping;

We would like to request (the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment) to extend/re-grant/renew(1)a survey and mapping license to…………….(organization’s name).

Reason of request for extension/re-grant/renewal(1)of license:...............

Commitment: ………….. (organization’s name) shall take responsibility for the declared contents.-

 

 

AT-LAW REPRESENTATIVE
(Signature, full name and seal)

 Notes:

(1) To fill in on a case-by-case basis.

 

Form No. 15

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

RECORD OF APPRAISAL OF DOSSIER OF APPLICATION FOR SURVEY AND MAPPING LICENSE

On (day)….(month)….(year)….at…………………(the head office of the applying organization), the representative of the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment/the specialized natural resources and environment agency under the People’s Committee of … province appraised the dossier of application for a survey and mapping license of …. (the applying organization).

Members of dossier appraisal agency

1. ………………………… (To clearly write full name and position)

2. ………………………… (To clearly write full name and position)

Members of the applying organization

1. ………………………… (To clearly write full name and position)

2. ………………………… (To clearly write full name and position)

I. APPRAISAL CONTENTS

1. Appraisal of the completeness and validity of the dossier and consistency of contents in the dossier’s documents with those in reality.

To make conclusion on the completeness and validity of the dossier and consistency of contents in the dossier’s documents with those in reality in accordance with law.

2. Appraisal of the survey and mapping capacity of the organization.

a/ Appraisal of criteria related to technical employees:

(To compare the number and qualifications of the existing survey and mapping technical employees of the organization, which are presented in such documents as payroll, labor contracts and personnel-related decisions of competent agencies, etc., with those declared in the dossier).

Appraisal results of criteria related to survey and mapping technical employees, which must clarify:

- Person in charge of technical matters: full name, position, professional qualification, working experience and labor contract.

- To make specific statistics on survey and mapping technical employees:

To make conclusion on the consistency of contents in the dossier’s documents with information on survey and mapping technical employees of the organization and their professional capacity to implement survey and mapping activities requested to be licensed.

b/ Appraisal of equipment and technology capacity:

(To compare the quantity and status of available survey and mapping equipment and technologies of the organization with those declared in the dossier).

(Appraisal results of equipment and technology capacity, which must clarify the name, type and quantity of survey equipment; and specialized software):

- Equipment serving survey and mapping activities:

- Computer equipment:

- Software:

To make conclusion on survey and mapping equipment and technology capacity of the organization.

To make conclusion on the consistency of information declared in the dossier with the capacity of available equipment and technology of the organization, and the ability to satisfy the requirements on implementation of survey and mapping activities requested to be licensed.

II. CONCLUSIONS AND RECOMMENDATIONS

1. Conclusions

To make conclusion on the validity and authenticity of the dossier; and the consistency of the actual capacity of human resources, equipment, software and technologies of the organization with those declared in the dossier.

2. Recommendations

Pursuant to the Government’s Decree No. /2019/ND-CP of …day …month, 2019, detailing a number of articles of the Law on Survey and Mapping, we would like to request the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment and the Ministry of Natural Resources and Environment to grant a survey and mapping license to ……………….(the organization’s name) with the following survey and mapping contents:

a/..........................................................................................................

b/..............................................................................................................

(To clearly state activities requested to be licensed)

This record is made in 3 (three) copies: 1 copy shall be handed to the applying organization; 1 copy kept at the dossier appraisal agency together with the dossier of application for a survey and mapping license; and 1 copy sent to the specialized survey and mapping management agency of the Ministry of Natural Resources and Environment.- 

 

REPRESENTATIVE OF DOSSIER APPRAISAL AGENCY(1)
(Position, signature, full name and seal)

REPRESENTATIVE OF APPLYING ORGANIZATION
(Position, signature, full name and seal) 

 

HEAD OF DOSSIER APPRAISAL AGENCY
(Position, signature, full name and seal)

Notes:

(1) In case the representative of the dossier appraisal agency gives his/her signature but is not allowed to append a seal, the certification, signature and seal of the leader of such agency are required.

 

Form No. 16

Page 1, Page 4

Responsibilities of organizations which are granted this license

1. To perform only the survey and mapping activities stated in this license.

2. To comply with the regulations on survey and mapping and other relevant regulations.

3. To refrain from leasing or lending this license to another organization or letting another organization use this license to perform survey and mapping activities.

4, To refrain from erasing or modifying this license.

5. To produce this license at the request of competent agencies.

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

 

 

 

 

SURVEY AND MAPPING LICENSE

No: XXXXX

1. A survey and mapping license consists of 4 pages, each page is of a 13.5 x 18 cm dimension.

2. Pages 1 and 4 have a dark-blue tone.

3. Pages 2 and 3 have a white background, printed with a light-yellow drum.

Page 2, Page 3

SURVEY AND MAPPING LICENSE
No. XXXXX

Name of organization/contractor...........

Address of head office:.........................

Telephone: ...............Fax: ......................

Email: ....................................................

Website: .............................................

Enterprise registration certificate/Establishment decision/Bid-winning decision: ....................

Enterprise code: .....................................

License-granting agency: .......................

To license the following survey and mapping activities:

1.........................................................;

2.........................................................;

3.........................................................;

4..........................................................

Validity period of license:This license is valid until ……day….month…year…

 

Scope of operation within this license:..............

 

Hanoi, …..day….month…year

HEAD OF SPECIALIZED SURVEY AND MAPPING MANAGEMENT AGENCY OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

(Signature, full name and seal)

 

 

To license the following additional survey and mapping activities:

1................................................;

2................................................

Hanoi, ….. day…..month….year

HEAD OF SPECIALIZED SURVEY AND MAPPING MANAGEMENT AGENCY OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

(Signature, full name and seal)

 

To extend the survey and mapping license:

This license is valid until …. day …. month  … year ………

 

 

Hanoi, …..day…..month….year

HEAD OF SPECIALIZED SURVEY AND MAPPING MANAGEMENT AGENCY OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

(Signature, full name and seal)

 

 

Form No. 17

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

………., day………month………year………

 

APPLICATION FOR/REQUEST FOR RE-GRANT/
RENEWAL/EXTENSION(1)OF, SURVEY AND MAPPING PRACTICE CERTIFICATE

To:……………..(Name of agency competent to grant certificates)

1. Full name: …….................................................……………………..

2. Date of birth: ……...........................................................……………..

3. Citizenship: …………...............................................……………….

4. Serial number of citizen identity card/people’s identity card ….…....  date of issuance:…… ……..  card-issuing agency issuance.........................

5. Permanent residence address: .........................................................

6. Telephone number: ……..…….…….. Email: .................................

7. Name of workplace (if any) ............................................................

8. Professional qualification (clearly state the training major): ……….

9. Code of the granted practice certificate (if any): ...............................

10. Validity period of the granted practice certificate (if any): through: .................... (date)

To apply for/ request re-grant/renewal/extension of, a survey and mapping practice certificate, specifically as follows:

a/ Grant of a practice certificate ……..……..…….. □ (2)

Content of practice: ……..(1) …….…..  Class: ......................................

b/ Re-grant of a practice certificate ………………. □ (2)

Reason(s) for requesting re-grant of the certificate: ..............................

c/ Renewal of a practice certificate ……..……..…. □ (2)

Reason(s) for requeting renewal of the certificate ................................

d/ Extension of a practice certificate ……..……..……. □ (2)

Reason(s) for requesting extension of the certificate: ............................

I take responsibility for the whole content of this application/request, and commit to practicing survey and mapping activities in accordance with the contents stated in the granted certificate and complying with relevant regulations.-

 

APPLICANT/REQUESTER
(Signature and full name)

 

(1)Fill in on a case-by-case basis.

(2)Select and tick only one box as suitable to the application/requester.

 

Form No. 18

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

DECLARATION OF WORK EXPERIENCE

1. Full name: …..................................................................................

2. Professional qualification: ..............................................................

3. Work seniority period(1)(years, months): .......................................

4. Workplace (if any): ........................................................................

5. Code of the granted survey and mapping practice certificate:  date of grant /Certificate-granting agency: ....................................................................

6. Process of practicing survey and mapping activities:

Working period

(From month, year to month, year)

Workplace / Independent practice

(Clearly state the name of workplace and contact telephone number)

Contents of practicing survey and mapping activities

(Clearly state field(s) and title(s) of practice of survey and mapping activities)

Note

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7. To self-rate the practice certificate: …………..………………(2)

I assure that the contents of this declaration are true and take responsibility for the untruthful contents, if any./.

 

CERTIFICATION OF THE DECLARANT’S MANAGER (if any)
(Position, signature and seal)

…, day ......  month ..... year…...

DECLARANT
(Signature, full name)

 

Note:

(1)Based on the working seniority period after obtaining the first professional qualification.

 

Form No. 19

Responsibilities of persons who are granted this certificate:

1. To receive and perform only the survey and mapping contents stated in this certificate.

2. To comply with the regulations on survey and mapping and other relevant regulations.

3. To refrain from leasing or lending this certificate to another organization or letting another organization use this certificate to practice survey and mapping activities.

4. To refrain from erasing or modifying this certificate.

5. To produce this certificate at the request of competent agencies.

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

SURVEY AND MAPPING PRACTICE CERTIFICATE

Class:……

No. XXX- XXXXX

 

1. A survey and mapping practice certificate consists of 4 pages, each page is of a 13.5 x 18 cm dimension.

2. Pages 1 and 4 have a grass-green tone.

3. Pages 2 and 3 have a white background, printed with a light-yellow drum.

 

Page 2, Page 3

SURVEY AND MAPPING PRACTICE CERTIFICATE

 

 

4 x 6 cm photo

(Appended with seal of the certificate-granting agency)

Class:........

No: XXX-XXXXX

 

Signature of the certificate holder

Licensed contents of practicing survey and mapping activities:

1............................................. ;

2............................................. ;

3.............................................. ;

4.............................................. ;

5...............................................

Full name:.........................................

Date of birth:...................................

Permanent residence address:............

Serial number of people’s identity card/citizen identity card:...................

Date of issuance………Card-issuing agency ……….............

Professional qualification...................

Training institution:...........................

Type of certificate: (granted, renewed, re-granted, extended).

The certificate is valid through day…. month …. year .....

……day, month, year

HEAD OF AGENCY

(Position, signature, full name and seal)

 

Form No. 20

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

DECLARATION OF WORK EXPERIENCE/PROFESSIONAL
KNOWLEDGE UPDATE

1. Full name: ......................................................................................

2. Professional qualification: ..............................................................

3. Work seniority period(1)(years, months): .........................................

4. Workplace (if any): ...........................................................................

5. Code of the granted survey and mapping practice certificate:…………  date of grant…………  /Certificate-granting

agency:.................................................................................................

6. Process of practicing survey and mapping activities or updating survey and mapping knowledge:

Period of practicing survey and mapping activities/updating survey and mapping knowledge

(From month, year to month, year)

Workplace/Independent practice

(Clearly state the name of workplace and contact telephone number)

Contents of practicing survey and mapping activities/updating survey and mapping knowledge

(Clearly state field(s) and title(s) of practice of survey and mapping activities)

Note

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I assure that the contents of this declarations are true and take responsibility for the untruthful contents, if any.-

 

CERTIFICATION OF THE DECLARANT’S DIRECT MANAGER (if any)

(Position, signature and seal)

......, day ...... month ....... year

DECLARANT

(Signature, full name)

 

Note:

(1)Based on the working seniority period after obtaining the first professional qualification. 

 

 APPENDIX II

CODES OF AGENCIES GRANTING SURVEY AND MAPPING PRACTICE CERTIFICATES
(To the Government’s Decree No. 27/2019/ND-CP of March 13, 2019)  

No.

Certificate-granting agency

Code

No.

Certificate-granting agency

Code

I

For Class-I certificates granted bythe specialized survey and mapping management agency of the Ministry of Natural Resources and Environment

1

Specialized survey and mapping management agency of the Ministry of Natural Resources and Environment

BTM

 

 

 

II

For Class-II certificates granted by specialized survey and mapping agencies of provincial-level People’s Committees

1

An Giang

AGI

33

Kon Tum

KTU

2

Ba Ria - Vung Tau

BVU

34

Lai Chau

LAC

3

Bac Giang

BGI

35

Lam Dong

LDO

4

Bac Kan

BKA

36

Lang Son

LAS

5

Bac Lieu

BLI

37

Lao Cai

LCA

6

Bac Ninh

BNI

38

Long An

LAN

7

Ben Tre

BET

39

Nam Dịnh

NAD

8

Binh Dịnh

BDI

40

Nghe An

NGA

9

Binh Duong

BDU

41

Ninh Binh

NBI

10

Binh Phuoc

BIP

42

Ninh Thuan

NIT

11

Binh Thuan

BIT

43

Phu Tho

PTH

12

Ca Mau

CMA

44

Phu Yen

PHY

13

Cao Bang

CBA

45

Quang Binh

QBI

14

Can Tho

CAT

46

Quang Nam

QNA

15

Da Nang

DNA

47

Quang Ngai

QNG

16

Dak Lak

DLA

48

Quang Ninh

QNI

17

Dak Nong

DAN

49

Quang Tri

QTR

18

Dien Bien

DIB

50

Soc Trang

SOT

19

Dong Nai

DON

51

Son La

SLA

20

Dong Thap

DOT

52

Tay Ninh

TNI

21

Gia Lai

GLA

53

Thai Binh

TBI

22

Ha Giang

HGI

54

Thai Nguyen

TNG

23

Ha Nam

HNA

55

Thanh Hoa

THO

24

Ha Noi

HAN

56

Thua Thien Hue

TTH

25

Ha Tinh

HAT

57

Tien Giang

TIG

26

Hai Duong

HAD

58

Ho Chi Minh City

HCM

27

Hai Phong

HAP

59

Tra Vinh

TVI

28

Hau Giang

HAG

60

Tuyen Quang

TQU

29

Hoa Binh

HOB

61

Vinh Long

VLO

30

Hung Yen

HYE

62

Vinh Phuc

VIP

31

Khanh Hoa

KHO

63

Yen Bai

YBA

32

Kien Giang

KGI

 

 

 

 

 



[1]Công Báo Nos 347-348 (21/3/2019)

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