THE PRESIDENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 05/2018/L-CTN | | Hanoi, June 25, 2018 |
ORDER
On the promulgation of law[1]
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law on Survey and Mapping,
which was passed on June 14, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 5thsession.-
President of the Socialist Republic of Vietnam
TRAN DAI QUANG
THE NATIONALASSEMBLY | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 27/2018/QH14 | | |
LAW
On Survey and Mapping[2]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Survey and Mapping.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation
This Law prescribes basic survey and mapping activities; specialized survey and mapping activities; quality of survey and mapping products; survey infrastructure works; survey and mapping information, data and products; national geospatial data infrastructure; conditions for providing survey and mapping services; rights and obligations of organizations and individuals engaged in survey and mapping activities; and state management of survey and mapping.
Article 2. Subjects of application
This Law applies to agencies, organizations and individuals engaged in survey and mapping activities; exploitation and use of survey and mapping information, data and products or other activities related to survey and mapping in the territory of the Socialist Republic of Vietnam.
Article 3.Interpretation of terms
In this Law, the terms below are construed as follows:
1.Geographical featuresmeans things and phenomena in the real world or descriptions of objects and phenomena that do not exist in the real world at given geographic locations on the ground, underground, on the water surface, underwater, on the bottom of water, and in the air.
2.Surveymeans the collection and processing of information and data to determine the location, shape, size and attribute information of a geographical feature.
3.Mapmeans a general model representing geographical features at a certain scale, according to mathematical rules, with a conventional symbol system, and based on the results of processing information and data acquired from the survey process.
4.Survey and mapping activitiesinclude survey of geographical features; construction and operation of survey infrastructure works, geographical databases; establishment of maps and production of other survey and mapping products. Survey and mapping activities include basic survey and mapping activities and specialized survey and mapping activities.
5.Survey markermeans a marker fixed on the ground according to technical regulations and used to show the location of the survey point. Survey markers include national survey markers and specialized survey markers.
6.National coordinate systemmeans a system of mathematical coordinates in space and on the plane, which is established at a given point of time and used uniformly nationwide to represent survey and mapping results.
7.International coordinate systemmeans a system of mathematical coordinates in space and on the plane, which is established at a given point of time and universally used in the world to represent survey and mapping results.
8.National elevation systemmeans an elevation system established at a given point of time and used uniformly nationwide to determine the altitude value of a geographical feature.
9.National gravity systemmeans a gravity system established at given point of time and used uniformly nationwide to determine the values of the Earth’s gravity in the territory of the Socialist Republic of Vietnam.
10.Satellite positioning stationis a fixed station on the earth’s surface used to receive positioning signals from satellites, and process and transmit information to serve survey and mapping activities.
11.Protection corridor of survey infrastructure worksmeans the space, ground and underground areas, water surface and underwater areas necessary to ensure that survey infrastructure works operate according to the standards and technical regulations applied in their construction.
12.Topographic mapmeans a map representing topographic characteristics, geographical features and geographical names according to the coordinate system and elevation system at a given scale.
13.National topographic map systemmeans a collection of land, island, archipelago and seabed topographic maps which are established according to national standards and technical regulations, a prescribed range of scales, in the national coordinate system and national elevation system for uniform use nationwide.
14.Geospatial datameans data about the geographic location and attributes of a geographical feature.
15.Fundamental geographic datameans geospatial data serving as the basis for building other geospatial data.
16.Geographic databasemeans an organized collection of geospatial data.
17.Geographical namemeans the name of a geographical feature that is a real-world thing associated with a specific geographic location.
18.Nationalboundary mapmeans a map representing the national boundaries on the land and sea, underground and in the air which are determined according to treaties to which the Socialist Republic of Vietnam is a contracting party or as prescribed by Vietnam’s law.
19.Administrative mapmeans a map representing the division of territory according to administrative units.
20.Standard national boundary mapmeans a national boundary map established according to the national coordinate system and national elevation system.
21.Chartmeans a map representing the depth of the seabed, geographical features, geographical names and information relating to maritime activities and other activities at sea.
22.Civil aviation mapmeans a map representing the topography, geographical features, geographical names and information relating to civil aviation.
23.Underground works mapmeans a map representing the planning, zoning and current status of underground and underwater works.
24.Map publicationmeans a published map or another publication using map images in any form.
Article 4.Fundamental principles in survey and mapping activities
1. Ensuring national sovereignty, unity, territorial integrity, national defense, security, and social order and safety; meeting the requirements of international integration; conforming with treaties to which the Socialist Republic of Vietnam is a contracting party; and timely applying scientific and technological advances.
2. Survey and mapping information, data and products shall be updated and provided fully, accurately and timely, meeting the requirements of socio-economic development, national defense, security, natural resources and environment management, natural disaster prevention and control, rescue and salvage, response to climate change and raising of people’s intellectual level.
3. Survey infrastructure works and survey and mapping information, data and products shall be managed and protected in accordance with this Law and other relevant laws; survey infrastructure works and survey and mapping information, data and products built and developed with the state budget are public assets and shall be inherited and used commonly.
4. Specialized survey and mapping activities must use information, data and products from basic survey and mapping activities.
5. Basic survey and mapping databases shall be used as the foundation for national geospatial data.
Article 5.State policies on survey and mapping
1. To invest in the development of survey and mapping activities to meet the requirements of state management, socio-economic development, national defense security assurance.
2. To prioritize investment in survey and mapping activities serving natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change; development and application of national geospatial data infrastructure; and research, application and development of advanced and modern survey and mapping technologies.
3. To encourage organizations and individuals to invest in, and conduct research into and application of sciences and high, advanced technologies and new technologies; and training and development of highly qualified human resources for survey and mapping.
4. To create favorable conditions for organizations and individuals to access, exploit and use survey and mapping information, data and products, national geospatial data infrastructure; and participate in survey and mapping activities.
Article 6.Prohibited acts in survey and mapping activities
1. Forging and falsifying survey and mapping data and results.
2. Destroying or damaging survey infrastructure works; or encroaching upon protection corridors of survey infrastructure works.
3. Carrying out survey and mapping activities when failing to fully meet the conditions prescribed by law.
4. Publishing and circulating survey and mapping products and map publications related to national sovereignty without representing national sovereignty or boundaries or incorrectly representing national sovereignty or boundaries.
5. Obstructing lawful survey and mapping activities of agencies, organizations and individuals.
6. Taking advantage of survey and mapping activities to infringe upon national interests and lawful rights and interests of organizations and individuals.
7. Spreading or revealing survey and mapping information, data and products on the list of state secrets.
Article 7.Scientific and technological activities in survey and mapping
1. Scientific and technological activities in survey and mapping must comply with this Law and the law on science and technology.
2. Scientific and technological activities in survey and mapping prioritized by the State include:
a/ Studying scientific grounds for improvement of survey and mapping institutions and laws;
b/ Researching, developing, applying and transferring high, advanced and new technologies in basic survey and mapping activities; and specialized survey and mapping activities serving national defense and security, natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change;
c/ Researching and developing national geospatial data infrastructure;
d/ Conducting basic research into the Earth with advanced and modern survey and mapping methods.
3. To encourage and create favorable conditions for organizations and individuals to carry out scientific and technological activities specified in Clause 2 of this Article.
Article 8.International cooperation on survey and mapping
1. Principles of international cooperation on survey and mapping include:
a/ Respecting independence, sovereignty, unity and territorial integrity;
b/ Complying with treaties to which the Socialist Republic of Vietnam is a contracting party and Vietnam’s law;
c/ Ensuring equality and mutual benefit.
2. Basic contents of international cooperation on survey and mapping include:
a/ Signing, and organizing the implementation of, treaties and international agreements on survey and mapping;
b/ Implementing international cooperation programs and projects;
c/ Exchanging experts and training human resources for survey and mapping activities;
d/ Scientific research, application and transfer of technologies in survey and mapping;
dd/ Exchanging survey and mapping information, data and products;
e/ Participating in and organizing international conferences, seminars and talks.
Article 9.Funding for survey and mapping activities
1. The central budget shall ensure funding for the state management performed by ministries, ministerial-level agencies and government-attached agencies of survey and mapping activities and for the building and development of national geospatial data infrastructure.
2. Local budgets shall ensure funding for the state management performed by People’s Committees at all levels of survey and mapping activities and for the building and development of national geospatial data infrastructure under their management.
3. Organizations and individuals shall ensure funding for survey and mapping activities to meet their needs.
Chapter II
BASIC SURVEY AND MAPPING ACTIVITIES
Article 10.Contents of basic survey and mapping activities
1. Establishing the national original survey data system, national coordinate system, national elevation system and national gravity system.
2. Establishing a system of data on national geodetic networks.
3. Building the aerial photo data system and remote sensing image data system.
4. Building, operating and updating the national fundamental geographic database; and establishing and updating the national topographic map system.
5. Survey and mapping related to national boundaries.
6. Survey and mapping related to administrative boundaries.
7. Standardizing geographical names.
8. Constructing and operating basic survey infrastructure works.
Article 11.National original survey data system, national coordinate system, national elevation system and national gravity system
1. The national original survey data system consists of the original data of the national coordinate system, national elevation system, national gravity system and national depth system, which are determined in a uniform manner nationwide according to national technical regulations. Each national survey original data is associated with a point with a fixed, permanent marker referred to as a national original geodetic point.
2. The national coordinate system, national elevation system, national gravity system and national depth system shall be used to represent results of surveying and mapping the territory of the Socialist Republic of Vietnam.
3. The use of the international coordinate system must comply with treaties to which the Socialist Republic of Vietnam is a contracting party.
4. The Ministry of Natural Resources and Environment shall establish, organize, build and submit to the Prime Minister for promulgation the national survey original data system, national coordinate system, national elevation system and national gravity system for uniform use nationwide; and establish and announce parameters for conversion between the national coordinate system and the international coordinate system.
Article 12.Data system of national geodetic networks
1. The data system of national geodetic networks consists of data of the national coordinate network, national elevation network, national gravity network and network of national satellite positioning stations established and used to carry out survey and mapping activities nationwide.
2. The data system of national geodetic networks shall be established according to national technical regulations. The Ministry of Natural Resources and Environment shall establish and announce the data of national geodetic networks for uniform use nationwide.
3. The Government shall detail this Article.
Article 13.Aerial photo data
1. Aerial photo data shall be collected from aircraft. The collection and receipt of aerial photo data shall be approved by ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees according to their competence before implementation so as to avoid overlap; no aerial photo data shall be collected once relevant data are available.
2. The management of civil aviation activities to serve the collection of aerial photo data must comply with the law on civil aviation.
3. The Ministry of Natural Resources and Environment shall plan and organize flights to take aerial photos under the Ministry’s management; and build a national aerial photo database.
4. The Ministry of National Defense shall plan and organize flights to take aerial photos for defense and security purposes and other purposes as assigned by the Government.
5. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall plan and organize flights to take aerial photos after reaching agreement with the Ministry of Natural Resources and Environment; and provide copies of aerial photo data to the Ministry of Natural Resources and Environment within 15 days from the date of completion of the flight plan.
Article 14.Remote sensing image data
1. Remote sensing image data shall be collected from remote sensing satellites via remote sensing data collection stations and remote sensing satellite control stations of Vietnam and from foreign sources; and shall be stored, processed and provided to meet the requirements of common exploitation and use.
2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for organizing the collection, storage, processing and provision of remote sensing image data; and build a national remote sensing image database.
3. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall propose the needs for remote sensing image data to the Ministry of Natural Resources and Environment for unifying the collection thereof.
4. The Government shall detail this Article.
Article 15.National fundamental geographic database and national topographical map system
1. The national fundamental geographic database and the national topographic map system shall be built in a synchronous and uniform manner nationwide.
2. The national fundamental geographic database and the national topographic map system consist of:
a/ The national fundamental geographic database and national topographic maps at large scales of 1: 2.000, 1:5.000 and 1:10.000;
b/ The national fundamental geographic database and national topographic maps at medium scales of 1: 25.000, 1:50.000 and 1:100.000;
c/ The national fundamental geographic database and national topographic maps at small scales of 1: 250.000, 1:500.000 and 1:1.000.000.
3. The national fundamental geographic database and national topographic maps of the mainland at the scales of 1:2.000 and 1:5.000 shall be established for urban areas, urban development areas, special-function zones, and areas in need of sub-zone planning and rural planning; the national fundamental geographic database and national topographic maps at 1:10.000 and smaller scales shall be established to cover the whole mainland of Vietnam.
4. The national fundamental geographic database, national topographic maps and seabed topographic map at large scales shall be established for islands, archipelagoes, estuaries and seaports. The national fundamental geographic database and seabed topographic maps at medium scales shall be established to cover the whole internal waters and territorial sea. The national fundamental geographic database and seabed topographic maps at small scales shall be established to cover all maritime zones of Vietnam.
Article 16.Building, operation and updating of the national fundamental geographic database and establishment and updating of the national topographical map system
1. The Ministry of Natural Resources and Environment has the following responsibilities:
a/ To build and update the national fundamental geographic database of the mainland at 1:10.000 and smaller scales;
b/ To establish and update the system of national topographical maps of the mainland at 1:10.000 and smaller scales;
c/ To build and update the databases and national topographic maps of islands and archipelagos, and seabed topographic maps at 1:10.000 and smaller scales;
d/ To operate the national fundamental geographic database under its management.
2. Provincial-level People’s Committees have the following responsibilities:
a/ To build and update the national fundamental geographic database at 1:2.000 and 1:5.000 scales for land areas, islands, archipelagoes, estuaries and seaports under their management;
b/ To build and update the national topographical maps at 1:2.000 and 1:5.000 scales for land areas, islands, archipelagoes, estuaries and seaports under their management;
c/ To operate the national fundamental geographic database under their management;
d/ To send the projects and tasks of building the national fundamental geographic database and establishing the national topographic maps specified at Points a and b of this Clause to the Ministry of Natural Resources and Environment for appraisal of the contents on the necessity, scope and technical and technological solutions before implementation;
đ/ To send a set of national fundamental geographic data and national topographic maps specified at Points a and b of this Clause to the Ministry of Natural Resources and Environment.
3. The national fundamental geographic database and the national topographical map system shall be updated fully, accurately and promptly according to the Government’s regulations.
Article 17.Survey and mapping of national boundaries
1. Survey and mapping of national boundaries are survey and mapping activities to serve the planning, demarcation, marker planting and management of national boundaries in accordance with the law on national boundaries.
2. Contents of survey and mapping of national boundaries include:
a/ Making topographic maps for the planning, demarcation and marker planting of national boundaries;
b/ Survey and displaying the results of demarcation and marker planting onto topographic maps;
c/ Building and updating survey and mapping databases on national boundaries;
d/ Surveying, establishing and updating a set of standard national boundary maps;
đ/ Survey and mapping activities to serve national boundary management.
3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public Security and provincial-level People’s Committees of the localities where exist national boundaries in, organizing the survey and mapping of national boundaries.
Article 18.Representation of national boundaries and territorial sovereignty
1. The national boundaries and territorial sovereignty shall be accurately represented on survey and mapping products and map publications.
2. Organizations and individuals shall use standard national boundary maps or national boundary maps provided by the Ministry of Natural Resources and Environment for areas without standard national boundary maps to accurately represent the national boundaries and territorial sovereignty on survey and mapping products and map publications.
3. The Ministry of Natural Resources and Environment has the following responsibilities:
a/ To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and Ministry of National Defense in, submitting to the Prime Minister for announcement a set of standard national boundary maps;
b/ To guide the representation of national boundaries and territorial sovereignty on survey and mapping products and map publications.
4. In case the national boundary has not been demarcated, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and Ministry of National Defense in, submitting to a competent state agency for decision the representation of the national boundary on various kinds of maps.
Article 19.Survey and mapping of administrative boundaries
1. Survey and mapping of administrative boundaries means survey and mapping to serve the establishment, dissolution, merger, division or adjustment of administrative boundaries of administrative units, and settlement of disputes related to administrative boundaries of administrative units and determination of administrative boundaries.
2. Contents of survey and mapping of administrative boundaries include:
a/ Surveying and making maps to serve compilation of administrative boundary dossiers of all levels;
b/ Surveying, adjusting and supplementing administrative boundary maps according to resolutions of the National Assembly and the National Assembly Standing Committee regarding the establishment, dissolution, merger, division or adjustment of administrative boundaries of administrative units; surveying and adjusting the administrative boundaries of administrative units due to natural impacts and socio-economic development process;
c/ Building and updating survey and mapping databases on administrative boundaries;
d/ Surveying to serve the settlement of disputes related to administrative boundaries of administrative units at all levels.
3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and provincial-level People’s Committees in, organizing the implementation of the following contents:
a/ The contents specified at Points b and d, Clause 2 of this Article, for provincial-level administrative units;
b/ The contents specified at Point c, Clause 2 of this Article.
4. Provincial-level People’s Committees shall organize the implementation of the following contents:
a/ The contents specified at Point a, Clause 2 of this Article;
b/ The contents specified at Points b and d, Clause 2 of this Article, for district- and commune-level administrative units.
Article 20.Requirements, principles and cases of geographical names standardization
1. Standardization of geographical names means the verification and unification of the ways of Vietnamese reading and writing of geographical names.
2. Vietnamese and international geographical names shall be standardized for uniform use.
3. Principles of geographical names standardization include:
a/ Each geographical feature is associated with only one geographical name;
b/ Ensuring the inheritance, universality, integration, respect for beliefs and customs, and conformity with linguistic rules;
c/ Being compatible with geographical names prescribed by law or geographical names used in treaties to which the Socialist Republic of Vietnam is a contracting party.
4. The cases of standardization of geographical names include:
a/ Geographical name of a geographical location with many names, and different ways of reading and writing;
b/ A geographical feature appears or changes, resulting in a change of geographical name.
5. Standardized geographical names shall be built into a database to be updated and published for use.
Article 21.Responsibility to standardize geographical names and use standardized geographical names
1. 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, organizing the standardization of geographical names, reaching agreement on and promulgating a list of standardized geographical names; and develop, update and publish the standardized geographical name database.
2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall propose the standardization of geographical names and provide information on geographical names under their respective management to the Ministry of Natural Resources and Environment.
3. For standardized geographical names, organizations and individuals shall use and express them accurately and uniformly in survey and mapping activities, ensuring their appropriateness in each historical period.
Chapter III
SPECIALIZED SURVEY AND MAPPING ACTIVITIES
Article 22.Contents of specialized survey and mapping activities
1. Establishing a system of data on specialized basic geodetic networks.
2. Survey and mapping activities related to national defense.
3. Surveying and making cadastral maps.
4. Making administrative maps.
5. Surveying and making charts.
6. Surveying and making civil aviation maps.
7. Surveying and making underground works maps.
8. Surveying and making maps to serve natural disaster prevention and control, rescue and salvage, remediation of environmental incidents, and response to climate change.
9. Creating atlases; surveying and creating specialized maps other than those specified in Clauses 2 thru 8 of this Article.
10. Building and operating specialized geodetic infrastructure works.
Article 23.System of data on specialized basic geodetic networks
1. The system of data on specialized basic geodetic networks shall be established to meet the requirements of specialized survey and mapping activities.
2. The system of data on specialized basic geodetic networks shall be established based on the national coordinate system, national elevation system, national gravity system, national geodetic network and technical regulations promulgated by ministries and ministerial-level agencies.
Article 24.Survey and mapping related to national defense
1. Contents of survey and mapping related to national defense include:
a/ Establishing, managing and exploiting military coordinates system; systems of military coordinate points and military altitude points; and satellite navigation and global positioning system, aerial photo data and remote sensing image data systems for military use;
b/ Making specialized maps for military use, and geographic database for military and defense purposes;
c/ Marine survey, investigation and research for defense purposes;
d/ Other survey and mapping activities to ensure the performance of military and defense tasks as assigned by the Government.
2. The Ministry of National Defense shall organize the implementation of survey and mapping activities related to national defense.
Article 25.Survey and making of cadastral maps
1. Cadastral map means a map representing land parcels and related geographic features, which is made according to commune-level administrative units and certified by a competent state agency; in localities without commune-level administrative unit, this map shall be made according to district-level administrative units.
2. Contents of survey and making of cadastral maps include:
a/ Surveying and determining boundaries of land parcels and related geographic features;
b/ Gathering information and data on land parcels and related geographic features;
c/ Making cadastral maps;
d/ Adjusting cadastral maps;
dd/ Building and updating the cadastral database.
3. The survey and making of cadastral maps and the building and updating of the cadastral database shall be carried out in accordance with the land law.
Article 26.Making of administrative maps
1. Administrative maps include:
a/ Administrative map of Vietnam;
b/ Provincial-level administrative maps;
c/ District-level administrative maps.
2. The Ministry of Natural Resources and Environment shall promulgate national technical regulations on the making of administrative maps; organize the making and updating of the administrative map of Vietnam when there are changes related to administrative units.
3. Provincial-level People’s Committees shall organize the making of provincial- and district-level administrative maps under their management and the updating thereof when there are changes related to administrative units; and send to the Ministry of Natural Resources and Environment one set of copies of digital data and one set of provincial- and district-level administrative maps printed on paper within 15 days from the date of their issuance.
4. The making of administrative maps must comply with national technical regulations.
Article 27.Survey and making of charts
1. Charts shall be made for seaport waters, navigable passages and routes, and maritime zones.
2. Contents of survey and making of charts include:
a/ Surveying and updating coordinates, depth of the seabed, geographic features on the sea, in the sea, and on the seabed;
b/ Gathering and updating information and data on geographic features on the sea, in the sea, and on the seabed;
c/ Making and updating charts;
d/ Building and updating the chart database.
3. The survey and making of charts shall be carried out in accordance with national standards and technical regulations and in conformity with international standards.
4. The Ministry of National Defense shall organize the survey and making of charts of Vietnam’s maritime zones and adjacent areas.
5. The Ministry of Transport shall organize the implementation of survey and making of charts of seaport waters and navigable passages and routes.
6. Related ministries and ministerial-level agencies shall participate in surveying and making charts as assigned by the Government.
Article 28.Survey and making of civil aviation maps
1. Civil aviation maps shall be made for flight zones, air space over airfields, and air routes.
2. Contents of survey and making of civil aviation maps include:
a/ Surveying and updating coordinates and elevations of geographic features on the ground and in the air;
b/ Gathering and updating information and data on geographic features on the ground and in the air;
c/ Making and updating civil aviation maps;
d/ Building and updating the civil aviation map database.
3. The survey and making of civil aviation maps must comply with national standards and technical regulations and conform with international standards.
4. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and related ministries in, elaborating and promulgating national technical regulations on survey and making of civil aviation maps; and organize the survey and making of civil aviation maps.
Article 29.Survey and making of underground works maps
1. Contents of survey and making of underground works maps include:
a/ Surveying, making and updating maps of current status of underground works;
b/ Surveying and making maps to serve underground space planning;
c/ Building and updating the underground works map database.
2. The survey and making of maps of underground works must comply with national technical regulations.
3. The Ministry of Construction shall assume the prime responsibility for, and coordinate with related ministries in, elaborating and promulgating national technical regulations on survey and making of underground works maps.
4. Owners of underground works shall simultaneously survey and make maps of underground works and submit one set of digital maps of current status of underground works to provincial-level People’s Committees:
a/ Within 90 days after the completion of construction of underground works;
b/ Annually, for underground works to serve the mining of minerals for many years.
5. Provincial-level People’s Committees shall organize the survey and making of underground works maps serving management work.
Article 30.Survey and mapping to serve natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change
1. Survey and mapping to serve natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change shall be timely carried out at the request of competent state agencies.
2. Survey and mapping to serve the forecasting, warning, prevention and control of natural disasters and response to climate change shall be carried out according to programs and plans of the Government, ministries, ministerial-level agencies and provincial-level People’s Committees.
3. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall promptly provide survey and mapping information, data and products when so requested by competent state agencies to make maps to serve natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change.
4. Organizations and individuals shall promptly provide survey and mapping information, data and products to serve salvage and rescue and overcoming of consequences of natural disasters, remediation of environmental incidents and response to climate change when so requested by competent state agencies.
Article 31.Compilation of atlases; survey and making of other specialized maps
1. Atlas is a set of maps, graphs and images which are compiled according to unified principles and layout representing the natural and socio-economic conditions of localities, regions, the country and sectors in each period of development.
2. The Ministry of Natural Resources and Environment shall organize the compilation of the national atlas.
3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall organize the compilation of atlases of their localities, regions and sectors; and the survey and making of other specialized maps to serve state management work.
4. The survey and making of specialized maps specified in Clause 9, Article 22 of this Law shall be carried out according to the requirements, contents, standards and technical regulations of each specialized sector and other relevant laws.
5. Organizations and individuals may compile atlases of localities, regions, the country and sectors; and survey and make specialized maps specified in Clause 9, Article 22 of this Law.
Chapter IV
QUALITY OF SURVEY AND MAPPING PRODUCTS
Article 32.Standards and technical regulations on survey and mapping
The elaboration, announcement, promulgation and application of national standards, national technical regulations and local technical regulations on survey and mapping must comply with the law on standards and technical regulations, ensuring synchrony, consistency and conformity with the technology development trend.
Article 33.Inspection, calibration and testing of measuring devices used in survey and mapping activities
1. Measuring devices used in survey and mapping activities shall be inspected, calibrated and tested in accordance with the law on measurement; standards and national technical regulations on survey and mapping; and official documents of the manufacturers of these devices.
2. Organizations and individuals that perform the inspection, calibration and testing of measuring devices used in survey and mapping activities must fully satisfy the conditions and possess the capacity prescribed by the law on measurement.
3. The Minister of Science and Technology shall issue a list of measuring devices used in survey and mapping activities subject to inspection at the proposal of the Ministry of Natural Resources and Environment.
Article 34.Management of quality of survey and mapping products
1. The management of the quality of survey and mapping products must comply with the provisions of this Law and the law on product and goods quality.
2. The inspection of the quality of survey and mapping products in the production process must comply with the standards and technical regulations on survey and mapping and their approved technical designs.
3. Survey and mapping products made domestically and imported for circulation in the market must be of quality conformable with announced applicable standards, technical regulations and relevant laws.
4. The responsibilities of organizations and individuals for the quality of survey and mapping products are prescribed as follows:
a/ Organizations and individuals shall take responsibility for the quality of survey and mapping products they make;
b/ Organizations and individuals shall take responsibility for the results of supervision and quality inspection and acceptance test of survey and mapping products;
c/ Owners of survey and mapping projects and schemes shall take responsibility for the quality of products under their management.
5. Ministers, heads of ministerial-level agencies, and heads of government-attached agencies shall promulgate regulations on and criteria of the quality of survey and mapping products under their respective management.
6. The Minister of Natural Resources and Environment shall prescribe the inspection, evaluation and acceptance test of the quality of survey and mapping products.
Chapter V
SURVEY INFRASTRUCTURE WORKS
Article 35.Types of survey infrastructure works
1. Survey infrastructure works include basic survey infrastructure works and specialized survey infrastructure works.
2. Basic survey infrastructure works include:
a/ National original geodetic points;
b/ National survey markers;
c/ National satellite positioning stations;
d/ National remote-sensing data collection stations.
3. Specialized survey infrastructure works include:
a/ Specialized basic survey markers;
b/ Specialized satellite positioning stations;
c/ Specialized remote-sensing data collection stations.
Article 36.Construction, operation and maintenance of survey infrastructure works
1. The construction of survey infrastructure works with the state budget must comply with plans and tasks approved by competent state agencies and the provisions of law.
2. The State shall allocate or lease land to organizations and individuals to construct survey infrastructure works in accordance with the land law.
3. The Ministry of Natural Resources and Environment shall organize the construction, operation and maintenance of the works specified at Points a, b and c, Clause 2, Article 35 of this Law; and the construction, operation and maintenance of the works specified at Point d, Clause 2, Article 35 of this Law after they are approved by the Prime Minister.
4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall organize the construction, operation and maintenance of the works specified at Points a and b, Clause 3, Article 35 of this Law after reaching agreement with the Ministry of Natural Resources and Environment.
5. Ministries, ministerial-level agencies and government-attached agencies shall organize the construction, operation and maintenance of the works specified at Point c, Clause 3, Article 35 of this Law after they are approved by the Prime Minister.
6. Organizations and individuals may participate in the investment, construction, management, operation, exploitation and maintenance of survey infrastructure works in accordance with this Law and other relevant laws.
7. After completing the construction of survey markers, project owners shall make and send a record of the handover of the markers, enclosed with a map of their locations, to the commune-level People’s Committee in the presence of land users; and hand over a list of the markers enclosed with their location dossiers to the provincial-level People’s Committee.
8. The Government shall detail this Article.
Article 37.Use of survey markers
1. Before using survey markers, organizations and individuals shall report such use to the commune-level People’s Committees of the places where the markers are located; and preserve, protect and refrain from damaging the markers when using them.
2. Users of land areas and owners of assets where are located survey markers may not obstruct organizations and individuals from using these markers when carrying out lawful survey activities.
Article 38.Protection of survey infrastructure works
1. Organizations and individuals shall upkeep and protect survey infrastructure works and, when detecting survey infrastructure works which are damaged or destroyed or at risk of damage or destruction, promptly notify such to local administrations or competent agencies, organizations or persons.
2. Protection corridors shall be established for survey infrastructure works, and land use rights in these protection corridors shall be exercised in accordance with the land law.
Within the protection corridors of survey infrastructure works, when the building, repair or renovation of architectural works affects survey infrastructure works, owners of architectural works or users of the land areas involved shall report such to a competent state agency.
3. The relocation or dismantlement of survey infrastructure works to meet the requirements of socio-economic development, national defense or security is subject to approval by the management agency of such works, and organizations and individuals requesting the relocation or dismantlement shall pay damages in accordance with law.
4. The responsibility to protect survey infrastructure works is prescribed as follows:
a/ The Ministry of Natural Resources and Environment shall organize the protection of the survey infrastructure works specified at Points a, c and d, Clause 2, Article 35 of this Law;
b/ Ministries, ministerial-level agencies and government-attached agencies shall organize the protection of specialized survey infrastructure works under their respective management;
c/ Provincial-level People’s Committees shall organize the protection of survey infrastructure works under their management and the survey infrastructure works specified at Point b, Clause 2, Article 35 of this Law; and coordinate in the protection of other survey infrastructure works located in their localities;
d/ Organizations and individuals shall organize the protection of survey infrastructure works under their management.
5. The Government shall detail this Article.
Chapter VI
SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS; NATIONAL GEOSPATIAL DATA INFRASTRUCTURE
Section 1
SURVEY AND MAPPING INFORMATION, DATA AND PRODUCTS
Article 39.System of survey and mapping information, data and products
1. The system of survey and mapping information, data and products consists of:
a/ Information, data and products of basic survey and mapping activities;
b/ Information, data and products of specialized survey and mapping activities;
c/ Outcomes of scientific research and technological development in the survey and mapping sector;
d/ Legal documents on survey and mapping;
dd/ Standards and technical regulations on survey and mapping.
2. Information, data and products of basic survey and mapping activities include:
a/ Information and data on the system of national original geodetic points and national geodetic networks;
b/ Aerial photo data system and remote-sensing image data system;
c/ National fundamental geographic data; and data and products of national topographic maps;
d/ Survey and mapping data and products on national boundaries;
dd/ Survey and mapping data and products on administrative boundaries;
e/ Geographic names data and list.
3. Information, data and products of specialized survey and mapping activities include:
a/ Information, data and products on specialized basic geodetic networks;
b/ National defense-related survey and mapping information, data and products;
c/ Information, data and products of survey and making of cadastral maps;
d/ Information, data and products of survey and making of administrative maps;
dd/ Information, data and products of survey and making of charts;
e/ Information, data and products of survey and making of civil aviation maps;
g/ Information, data and products of survey and making of underground works maps;
h/ Survey and mapping information, data and products serving natural disaster prevention and control, rescue and salvage, remediation of environmental incidents and response to climate change;
i/ Atlas information, data and products; and other specialized survey and mapping information, data and products.
Article 40.Survey and mapping databases
1. The national survey and mapping database consists of a basic survey and mapping database and specialized survey and mapping databases, which are formulated and updated nationwide and connected to Vietnam Geospatial Portal.
2. The basic survey and mapping database is composed of the information, data and products specified in Clause 2, Article 39 of this Law.
3. A specialized survey and mapping database is composed of the information, data and products specified in Clause 3, Article 39 of this Law.
4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for building, operating and updating the national survey and mapping database, and perform the following tasks:
a/ To build, operate and update the basic survey and mapping database and specialized survey and mapping database under its management;
b/ To integrate the specialized survey and mapping databases of the ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees.
5. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall build, operate and update the specialized survey and mapping databases under their respective management and provide them to the Ministry Natural Resources and Environment for integration into the national survey and mapping database.
Article 41.Storage, confidentiality, provision, exchange, exploitation and use of survey and mapping information, data and products
1. The storage of survey and mapping information, data and products must comply with the law on archives. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall organize the storage of survey and mapping information, data and products under their respective management.
2. Survey and mapping information, data and products on the list of state secrets shall be kept confidential, ensuring security and safety in accordance with law.
3. The provision of survey and mapping information, data and products is prescribed as follows:
a/ Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall provide survey and mapping information, data and products being public assets under their respective management;
b/ Organizations and individuals shall provide survey and mapping information, data and products the creation of which is funded by themselves;
c/ Agencies, organizations and individuals shall take responsibility before law for the origin and accuracy of survey and mapping information, data and products they provide;
d/ Agencies, organizations and individuals shall certify copies of digital survey and mapping information, data and products they provide. The certified copies of digital survey and mapping information, data and products are as valid as the original;
dd/ Survey and mapping information, data and products which shall be widely provided include the list of survey and mapping information, data and products; notes on survey markers; a set of standard national boundary maps; data on administrative boundaries, hydrology, traffic, population, vegetation cover, geographical names, administrative maps, and other survey and mapping information, data and products outside the list of state secrets.
4. The provision and exchange of survey and mapping information, data and products to/with international organizations and foreign organizations and individuals are prescribed as follows:
a/ Survey and mapping information, data and products outside the list of state secrets may be provided and exchanged to/with international organizations and foreign organizations and individuals;
b/ Survey and mapping information, data and products on the list of state secrets may be provided and exchanged to/with international organizations and foreign organizations and individuals in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party or when permitted by a competent state agency.
5. The exploitation and use of survey and mapping information, data and products are prescribed as follows:
a/ Organizations and individuals exploiting and using survey and mapping information, data and products shall comply with the provisions of law;
b/ Survey and mapping information, data and products used in socio-economic development programs, master plans, plans and projects must have clear origins;
c/ Organizations and individuals that exploit and use survey and mapping information, data and products being public assets shall pay expenses in accordance with law; in case of using them for national defense, security, or natural disaster prevention and control purposes, they shall be entitled to exemption from or reduction of such expenses as prescribed by law.
6. In the course of exploiting and using survey and mapping information, data and products, organizations and individuals are encouraged to provide updated survey and mapping information, data and products back to the providers of such information, data and products.
7. The Government shall detail this Article.
Article 42.Intellectual property rights to survey and mapping information, data and products
1. Survey and mapping information, data and products created with the state budget come under the all-people ownership with the State acting as the owner’s representative.
2. Copyright rights to survey and mapping information, data and products must comply with the law on intellectual property.
Section 2
NATIONAL GEOSPATIAL DATA INFRASTRUCTURE
Article 43.General provisions on national geospatial data infrastructure
1. National geospatial data infrastructure is a collection of policies, institutions, standards, technologies, data and resources to share and effectively utilize geospatial data nationwide.
2. The national geospatial data infrastructure must ensure that geospatial data are standardized and fully gathered from ministries, sectors, localities, organizations and individuals; are updated regularly to meet the requirements of state management, socio-economic development, and national defense and security maintenance; natural disaster prevention and control, rescue and salvage, remediation of environmental incidents, and response to climate change; improvement of people’s intellectual level; facilitation of the provision of public services; and assurance of connectivity with geospatial data infrastructure of countries in the region and the world.
3. The provision, exchange, exploitation and use of geospatial data must not infringe upon the national interests and lawful rights and interests of organizations and individuals.
Article 44.Building of the national geospatial data infrastructure
1. Contents of building of the national geospatial data infrastructure include:
a/ Formulating development strategies and implementation plans for the national geospatial data infrastructure;
b/ Formulating mechanisms and policies and creating resources for organizing the materialization of development strategies and implementation plans for the national geospatial data infrastructure;
c/ Selecting and developing technologies and elaborating standards and technical regulations on the national geospatial data infrastructure;
d/ Building and integrating geospatial data;
dd/ Building and operating Vietnam Geospatial Portal and developing geospatial data applications and services.
2. The Prime Minister shall direct and coordinate the building of the national geospatial data infrastructure.
3. The responsibilities of the Ministry of Natural Resources and Environment are prescribed as follows:
a/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in, formulating development strategies and implementation plans for the national geospatial data infrastructure for submission to the Government for approval;
b/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in, integrating national geospatial data; to build and operate Vietnam Geospatial Portal.
4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall organize the materialization of development strategies and implementation plans for the national geospatial data infrastructure according to their respective competence.
5. Organizations and individuals shall participate in the building and development of geospatial data in accordance with law.
6. The Government shall detail this Article.
Article 45.National geospatial data
1. National geospatial data include framework data and specialized data.
2. Framework data are foundation data used for the building of national geospatial data. Framework data include:
a/ Data on the system of national original geodetic points and national geodetic networks;
b/ National fundamental geographic data, national topographic map data;
c/ Aerial photo data, and remote sensing image data;
d/ Standard national boundary map data;
dd/ Administrative boundary map data;
e/ Geographic name data;
g/ Data specified in Clause 3 of this Article as prescribed by the Government.
3. Specialized data are data that are used commonly. Specialized data are divided into the following basic groups:
a/ Cadastral data;
b/ Land use status map data;
c/ Water resource survey and assessment map data;
d/ Geological and mineral map data;
dd/ Soil map data;
e/ Forest status map data;
g/ Underground works status map data;
h/ Civil aviation map data;
i/ Data of charts of seaport waters, navigable passages and routes, and maritime zones;
k/ Map data on natural disaster prevention and control, rescue and salvage, remediation of environmental incidents, and response to climate change;
l/ Traffic map data;
m/ National-level planning, regional planning, provincial planning, special economic-administrative unit planning, urban planning, and rural planning map data;
n/ Other specialized map data groups prescribed by the Government, which must ensure synchronization of national geospatial data, meeting the state management requirements in each period.
4. Framework data and specialized data are represented by metadata. Metadata are divided into the following information groups:
a/ Scope, time, and organizations and individuals building, updating and storing data;
b/ Conformity with relevant standards and technical regulations;
c/ Quality and legal validity of data;
d/ Methods of accessing, exchanging and using data and services related to geospatial data.
Article 46.Services related to national geospatial data
1. Services related to national geospatial data include data sharing, conversion, analysis, integration, search and downloading.
2. Services related to national geospatial data shall be provided through Vietnam Geographical Portal.
Article 47.Use of national geospatial data
1. Agencies, organizations and individuals shall use national geospatial data when using the state budget for policy making, formulation of socio-economic development and national defense and security strategies, master plans, plans, programs and projects, and other activities serving state management work.
2. Organizations and individuals are encouraged to use national geospatial data for production, business and other activities.
Article 48.Vietnam Geospatial Portal
1. Vietnam Geospatial Portal is a portal enabling access to national geospatial data and providing relevant information and services online.
2. Vietnam Geospatial Portal shall be built and operated in order to ensure easy and convenient access; the published national geospatial data must be available.
3. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall connect the national geospatial data specified in Article 45 of this Law to Vietnam Geospatial Portal.
Section 3
MAP PUBLISHING
Article 49.Requirements on map publishing
1. The publishing of maps and products using map images must comply with the provisions of this Law, the publication law and other relevant laws.
2. Map publications must accurately represent the territorial sovereignty, national boundaries and administrative boundaries.
Article 50.Publishing of maps
1. The Ministry of Natural Resources and Environment shall organize the publishing of the system of national topographic maps and specialized maps to serve state management work under regulations.
2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall organize the publishing of maps to serve state management work under regulations.
3. Organizations and individuals may publish map products other than those specified in Clauses 1 and 2 of this Article.
Chapter VII
CONDITIONS FOR PROVISION OF SURVEY AND MAPPING SERVICES; RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN SURVEY AND MAPPING ACTIVITIES
Article 51.Survey and mapping licenses
1. Survey and mapping licenses shall be granted to organizations providing survey and mapping services on the list of survey and mapping activities subject to licensing under the Government’s regulations.
2. Each organization shall be granted a single survey and mapping license for one or several of survey and mapping services on the list of survey and mapping activities subject to licensing. A survey and mapping license shall be valid nationwide for at least 5 years and may be extended.
Licenses granted to foreign contractors must specify the geographical area of operation and a validity period corresponding to the period of implementation of survey and mapping contents in the relevant bidding package.
3. Domestic organizations and foreign contractors shall be granted survey and mapping licenses by competent state agencies when they fully meet the conditions specified in Article 52 of this Law.
4. Contents of survey and mapping activities may be added to survey and mapping licenses already granted when the license holders so wish and fully satisfy the prescribed conditions.
5. Survey and mapping licenses may be re-granted in case of loss; or renewed in case they are torn or damaged and become unusable or when the license holders request modification of the information stated in the licenses.
6. A survey and mapping license shall be revoked in one of the following cases:
a/ It is erased to alter its content;
b/ The contents in the dossier of application for the license are forged;
c/ A prohibited act in survey and mapping activities specified in Clause 1, 4, 6 or 7, Article 6 of this Law is committed;
d/ The license holder fails to meet the conditions prescribed in Article 52 of this Law and repeats the violation though having been administratively sanctioned;
dd/ Other cases as prescribed by law.
7. The specialized management agency in charge of survey and mapping under the Ministry of Natural Resources and Environment may grant, extend, modify, re-grant, renew and revoke survey and mapping licenses.
8. The Government shall prescribe the time limits, dossiers, order and procedures for granting, extending, modifying, re-granting, renewing and revoking survey and mapping licenses.
Article 52.Conditions for granting survey and mapping licenses
1. An organization shall be granted a survey and mapping license when fully meeting the following conditions:
a/ Being an enterprise or a non-business unit having survey and mapping functions and tasks;
b/ The person in charge of survey and mapping techniques possesses a university or higher degree in geodesy and cartography; and has actually worked for at least 5 years in at least one of the contents of survey and mapping activities of the applying organization, or possesses a class-I survey and mapping practice certificate prescribed in Article 53 of this Law; and is not concurrently in charge of survey and mapping techniques of another organization;
c/ Having a number of technicians who have been trained in survey and mapping and satisfy the requirements of performing the contents for which a license is applied according to the Government’s regulations;
d/ Having survey and mapping facilities, equipment and technologies meeting the requirements set out in survey and mapping economic-technical norms for making a survey and mapping product in the contents for which a license is applied.
2. A foreign contractor shall be granted a survey and mapping license by the specialized management agency in charge of survey and mapping under the Ministry of Natural Resources and Environment when it/he/she fully meets the following conditions:
a/ Having a decision on successful bid or contractor selection issued by the project owner, covering survey and mapping activities;
b/ Having survey and mapping technicians, facilities, equipment and technologies compatible with the dossier of the successful bid or selected contractor.
Article 53.Survey and mapping practice certificates
1. Survey and mapping practice certificate is a professional practice certificate granted by a competent agency to an individual who fully meets the conditions specified in Clause 3 of this Article and is valid nationwide.
2. A survey and mapping practice certificate shall be granted for one or several of the contents of professional practice on the list of jobs of survey and mapping practice; Vietnamese citizens practicing survey and mapping activities independently must possess a practice certificate relevant to the jobs performed; the certificate shall be valid for at least 5 years and may be extended.
3. To be granted a survey and mapping practice certificate, an individual must fully satisfy the following conditions:
a/ Having full civil act capacity as prescribed by law;
b/ Having a trained professional qualification, and working period and experience relevant to the contents for which a practice certificate is applied;
c/ Having passed a test of professional experience and legal knowledge relevant to the contents for which a practice certificate is applied.
4. Survey and mapping practice certificates shall be divided into:
a/ Class-I certificates, which shall be granted to individuals who possess a university or higher degree and have been engaged for at least 5 consecutive years in survey and mapping activities and satisfy the conditions specified in Clause 3 of this Article;
b/ Class-II certificates, which shall be granted to individuals who possess a university or higher degree and have been engaged for at least 2 consecutive years in survey and mapping activities; or possess an intermediate or college degree and have been engaged for at least 3 consecutive years in survey and mapping activities and satisfy the conditions specified in Clause 3 of this Article.
5. The competence to conduct testing, and grant, extend, re-grant, renew or revoke survey and mapping practice certificates is prescribed as follows:
a/ The specialized management agency in charge of survey and mapping under the Ministry of Natural Resources and Environment shall conduct testing, and grant, extend, re-grant, renew or revoke class-I survey and mapping practice certificates;
b/ The specialized agencies in charge of natural resources and environment under provincial-level People’s Committees shall conduct testing, and grant, extend, re-grant, renew or revoke class-II survey and mapping practice certificates.
6. The mutual recognition of survey and mapping practice certificates between Vietnam and other countries must comply with international agreements or treaties to which the Socialist Republic of Vietnam is a contracting party.
7. Survey and mapping practice certificates shall be re-granted in case of loss; or renewed in case they are torn or damaged and become unusable or when the certificate holder requests modification of the information in the certificate.
8. Survey and mapping practice certificates shall be revoked if their holders commit prohibited acts in survey and mapping activities specified in Article 6 of this Law.
9. The Government shall issue the list of jobs of survey and mapping practice, and regulations on professional experience and legal knowledge tests; and prescribe the time limits, dossiers, order and procedures for grant, extension, re-grant, renewal and revocation of survey and mapping practice certificates.
Article 54.Information on organizations and individuals engaged in survey and mapping activities
1. Information on organizations licensed to carry out survey and mapping activities and individuals granted with survey and mapping practice certificates shall be posted on the portal of the Ministry of Natural Resources and Environment.
2. Information on organizations licensed to carry out survey and mapping activities and headquartered in the provinces or centrally run cities and information on individuals granted with survey and mapping practice certificates by the specialized agencies in charge of natural resources and environment under provincial-level People’s Committees shall be posted on the portals of the provincial-level People’s Committees.
3. The Government shall prescribe the contents and time of posting of information on organizations licensed to carry out survey and mapping practice certificates activities and individuals granted with survey and mapping practice certificates.
Article 55.Rights and obligations of survey and mapping organizations
1. Survey and mapping organizations have the following rights:
a/ To carry out survey and mapping activities in accordance with this Law;
b/ To participate in formulating policies and laws on survey and mapping;
c/ To enter into cooperation on survey and mapping with domestic and foreign organizations and individuals in accordance with law;
d/ Other rights as prescribed by law.
2. Survey and mapping organizations have the following obligations:
a/ To make reports according to the Government’s regulations;
b/ To abide by requests of competent state agencies in charge of examination and inspection;
c/ To observe the provisions of this Law and other relevant laws.
Article 56.Rights and obligations of individuals practicing survey and mapping independently
1. Individuals practicing survey and mapping independently have the following rights:
a/ To practice survey and mapping in accordance with this Law;
b/ To participate in formulating policies and laws on survey and mapping;
c/ To enter into cooperation on surveying and mapping with domestic and foreign organizations and individuals in accordance with law;
d/ Other rights as prescribed by law.
2. Individuals practicing survey and mapping independently have the following obligations:
a/ To abide by requests of competent state agencies on examination and inspection;
b/ To comply with the provisions of this Law and other relevant laws.
Chapter VIII
STATE MANAGEMENT OF SURVEY AND MAPPING
Article 57.Responsibilities of the Government, ministries and ministerial-level agencies
1. The Government shall perform the unified state management of survey and mapping nationwide.
2. The Ministry of Natural Resources and Environment is the focal agency assisting the Government in performing the state management of survey and mapping nationwide and has the following responsibilities:
a/ To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, formulating legal documents, strategies, plans, programs and projects on survey and mapping and submitting them to competent state agencies for promulgation or promulgating them according to its competence and guiding the organization of the implementation thereof;
b/ To elaborate and promulgate national technical regulations and economic-technical norms on basic survey and mapping activities and specialized survey and mapping activities under its management; to formulate national standards on survey and mapping under its management and send them to the Ministry of Science and Technology for appraisal and announcement;
c/ To propagate, disseminate and educate about the law on survey and mapping, and monitor the implementation thereof;
d/ To organize the implementation of survey and mapping tasks in accordance with this Law;
dd/ To build, manage and operate survey infrastructure works under its management;
e/ To assume the prime responsibility for organizing the construction and management of the national geospatial data infrastructure;
g/ To manage the quality of survey and mapping products; to manage the quality of measuring devices used in survey and mapping activities in accordance with law;
h/ To appraise the necessity, scope and technical and technological solutions of survey and mapping contents in programs, projects and tasks funded with the central budget, which are organized by ministries, ministerial-level agencies or government-attached agencies; to appraise basic survey and mapping projects and tasks organized by provincial-level People’s Committees;
i/ To manage, store and provide survey and mapping information, data and products;
k/ To manage the grant of survey and mapping practice certificates and survey and mapping licenses; to manage survey and mapping activities of organizations and individuals nationwide;
l/ To inspect, examine, handle violations of law, and settle complaints and denunciations about survey and mapping according to its competence;
m/ To formulate, and organize the implementation of, programs and plans on training and retraining in survey and mapping knowledge;
n/ To manage scientific research and technological development activities; to train, retrain and develop human resources for the survey and mapping sector;
o/ To assume the prime responsibility for and coordinate international cooperation in survey and mapping;
p/ Annually, to report on survey and mapping activities nationwide to the Government.
3. The Ministry of National Defense has the following responsibilities:
a/ To assume the prime responsibility for elaborating and submitting to the Government for promulgation or promulgating according to its competence legal documents on survey and mapping related to national defense;
b/ To manage survey and mapping activities related to national defense;
c/ To manage and operate survey infrastructure works serving national defense; to manage and keep confidential survey and mapping information, data and products used for national defense and security assurance;
d/ To manage and supervise aerial photographing and receipt of aerial photo data for survey and mapping purposes; to supervise survey and mapping activities in areas under its management;
dd/ To provide information and data to agencies and organizations meeting socio-economic development requirements in accordance with law;
e/ To perform other survey and mapping tasks assigned by the Government;
g/ Annually, to send reports on survey and mapping activities under its management to the Ministry of Natural Resources and Environment for summarization and reporting to the Government.
4. Other ministries and ministerial-level agencies have the following responsibilities:
a/ To elaborate and promulgate national technical regulations and economic-technical norms on specialized survey and mapping under their respective management after consulting the Ministry of Natural Resources and Environment; to formulate national standards on survey and mapping under their respective management, and send them to the Ministry of Science and Technology for appraisal and announcement, and guide and inspect the implementation thereof;
b/ To manage and organize the implementation of specialized survey and mapping activities within the ambit of their tasks and powers prescribed in this Law and other relevant laws;
c/ To organize the building and management of the national geospatial data infrastructure according to their respective competence;
d/ To manage, store and provide survey and mapping information, data and products under their respective management;
dd/ Annually, to send reports on survey and mapping activities falling under their respective management to the Ministry of Natural Resources and Environment for summarization and reporting to the Government.
Article 58.Responsibilities of People’s Committees at all levels
1. Within the ambit of their tasks and powers, provincial-level People’s Committees have the following responsibilities:
a/ To perform the state management of survey and mapping activities falling under their management; to promulgate documents according to their competence; to direct the organization of the performance of survey and mapping tasks as prescribed by this Law and other relevant laws; to propagate, disseminate and educate about the law on survey and mapping in their localities, and organize the guidance, inspection and monitoring of the implementation thereof;
b/ To manage survey infrastructure works as decentralized;
c/ To organize the building and management of the national geospatial data infrastructure and the survey and mapping databases under their management;
d/ To manage the quality of survey and mapping products under their management;
dd/ To manage the storage, provision and use of survey and mapping information, data and products under their management;
e/ To manage the grant of survey and mapping practice certificates; to manage organizations and individuals engaged in survey and mapping activities in their localities;
g/ To inspect, examine, handle violations of law, and settle complaints and denunciations about survey and mapping according to their competence;
h/ Annually, to send reports on survey and mapping activities falling under their management to the Ministry of Natural Resources and Environment for summarization and reporting to the Government.
2. Within the ambit of their tasks and powers, district-level People’s Committees have the following responsibilities:
a/ To propagate, disseminate and educate about the law on survey and mapping in their localities, and monitor the implementation thereof;
b/ To inspect, examine, handle violations of law, and settle complaints and denunciations about survey and mapping according to their competence;
c/ To participate in the management of survey markers as decentralized by provincial-level People’s Committees;
d/ To perform other tasks of state management of survey and mapping activities as decentralized or authorized by superior state management agencies.
3. Within the ambit of their tasks and powers, commune-level People’s Committees have the following responsibilities:
a/ To implement the provisions of Points a, b and d, Clause 2 of this Article in their localities;
b/ To protect survey markers as decentralized by provincial-level People’s Committees.
Article 59.Inspection, handling of violations of the law on survey and mapping
1. Survey and mapping inspection is prescribed as follows:
a/ The natural resources and environment inspectorate shall perform the specialized inspection of survey and mapping;
b/ Subject to survey and mapping inspection are organizations and individuals engaged in survey and mapping activities;
c/ Survey and mapping inspections must comply with the provisions of this Law, the law on inspection and other relevant laws.
2. The handling of violations of the law on survey and mapping is prescribed as follows:
a/ Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall organize the inspection of, and handling of violations in, the observance of legal provisions on the operation capacity conditions of organizations and individuals engaged in survey and mapping activities according to their respective competence;
b/ Organizations and individuals that violate the law on survey and mapping shall, depending on the nature and severity of their violations, be administratively sanctioned, disciplined or examined for penal liability and, if causing damage, pay compensation in accordance with law.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 60.Effect
This Law takes effect on January 1, 2019.
Article 61.Transition provisions
1. Survey and mapping licenses which are granted prior to the effective date of this Law will remain valid until their expiry dates.
2. Organizations that possess survey and mapping licenses granted before the effective date of this Law, if wishing to add operation contents to or extend their licenses, shall apply for new licenses in accordance with this Law.
3. Dossiers of application for survey and mapping licenses which are received by a competent state agency for processing according to administrative procedures for survey and mapping before the effective date of this Law shall be considered and processed according to legal provisions effective at the time of their receipt.
4. Technical regulations and economic-technical norms on survey and mapping which are issued before the date this Law takes effect and not contrary to the provisions of this Law will continue to be applied until they are annulled or replaced.
This Law was passed on June 14, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 5thsession.-
Chairwoman of the National Assembly
NGUYEN THI KIM NGAN
Vietnamese
Law 27/2018/QH14 DOC (Word)
Law 27/2018/QH14 PDF
