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中华人民共和国测量标志保护条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF SURVEYING MARKERS

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国务院令第203号
(Promulgated by Decree No. 203 of the State Council of the People's Republic of China on September 4, 1996)
颁布日期:19960904  实施日期:19970101  颁布单位:国务院

  Article 1 These Regulations are formulated in accordance with the “Surveying and Mapping Law of the People's Republic of China” with a view to strengthening the protection and management of surveying markers.

  Article 2 These Regulations shall be applicable to the surveying markers placed in the territorial air, land and waters of the People's Republic of China, as well as other sea areas under the jurisdiction of the People's Republic of China.

  Article 3 The surveying markers are state-owned and constitute infrastructure of national economic construction and scientific research.

  Article 4 The surveying markers referred to in these Regulations shall mean:

  (1) wooden signals, steel signals and stone markers built above-ground, underground or on constructions and of various orders and classes, established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points and leveling points, satellite global positioning control points, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement and such other permanent surveying markers as installations at seabed geodetic points;(2) temporary surveying markers in use in surveying.

  Article 5 The competent department of surveying and mapping administration under the State Council shall be in charge of the nationwide protection work of surveying markers. Other department concerned under the State Council shall, in accordance with the division of responsibilities as defined by the State Council, be responsible for managing the protection work of the special surveying markers of their respective departments.

  The department of surveying and mapping administration of the local people's government at and above the county level shall be responsible for the protection work of the surveying markers within its administrative area.

  The competent department of surveying and mapping in the armed forces shall be responsible for managing the protection work of the surveying markers of the military departments, and shall, in accordance with the division of responsibilities as defined by the State Council and the Central Military Commission, be responsible for the management of the protection work of basic marine surveying markers.

  Article 6 Local people's governments at and above the county level shall strengthen the leadership of the protection work of surveying markers and enhance citizens' consciousness of protecting surveying markers according to law.

  People's governments at the township level shall do a good job of protection management of the surveying markers within their respective administrative areas.

  Article 7 Reward shall be given to any unit and individual for outstanding achievements in the protection of permanent surveying markers.

  Article 8 Construction of permanent surveying markers shall meet the following requirements:

  (1) the surveying and mapping data and standards prescribed by the State shall be employed;

  (2) selection of the position of points shall be conducive to the permanent protection and management of the surveying markers;

  (3) shall be in keeping with other requirements by law and regulations.

  Article 9 Marked signs shall be put up for permanent surveying markers in the establishment of permanent surveying markers; special signboard made under unified supervision of the competent department of surveying and mapping administration under the State Council shall be put up in the establishment of basic surveying markers.

  Article 10 Occupation and use of land required for the establishment of permanent surveying markers shall be an area of 36-100 square meters for above-ground markers and an area of 16-36 square meters for underground markers.

  Article 11 The unit and individual concerned shall not interfere in and obstruct the use of land in keeping with law for the establishment of permanent surveying markers or building of permanent surveying markers on constructions.

  Article 12 The State shall implement the system of voluntary care of surveying markers.

  The department that installs permanent surveying markers shall entrust an appropriate unit or personnel of the locality where the permanent surveying markers are installed for taking care of such surveying markers, sign letter of authorization for taking care of such surveying markers defining in clear terms the rights and obligations of the trust or and the trustee, and the letter of authorization shall be transmitted by the trust or to the township government and departments of surveying and mapping administration of the people's government at and above the county level for the record.

  Article 13 The unit and personnel responsible for taking care of the surveying markers shall carry out regular inspection of the surveying markers under their care; a timely report shall be made to the local township government which shall transmit the report to the department of surveying and mapping administration of the people's government at and above the county level upon discovery of shifting, damage or destruction of the surveying markers.

  Article 14 The unit and personnel responsible for taking care of the surveying markers are empowered to stop, report and sue the acts of shifting, damaging, destroying and pilfering. No unit or individual shall obstruct and take revenge.

  Article 15 The State shall implement the system of compensatory employment of the surveying markers; however, employment of the surveying markers for military surveying and mapping missions is excluded. Revenue accrued from compensatory employment of the surveying markers shall be used for the maintenance and repair of the surveying markers, and shall not be used for other purposes. Specific measures shall be formulated by the department of surveying and mapping administration under the State Council in conjunction with the department of price management under the State Council.

  Article 16 Surveying and mapping personnel, when employing permanent surveying markers, must hold surveying and mapping work certificates, accept the supervision of the department of surveying and mapping administration at and above the county level and the inquiry by unit and personnel responsible for taking care of the surveying markers to ensure that the surveying markers remain in good condition.

  Article 17 Maintenance plans shall be implemented for the protection of surveying markers.

  National maintenance plan for surveying markers shall be drawn up by the competent department of surveying and mapping administration under the State Council in conjunction with other relevant departments under the State Council.

  The departments of surveying and mapping administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national maintenance plan for surveying markers, organize relevant departments of their respective level in drawing up maintenance plans for surveying markers within their respective administrative areas, organize and coordinate the unified implementation by relevant departments and units.

  Article 18 Departments which establish permanent surveying markers shall, in accordance with maintenance procedures for surveying markers prescribed by the State, carry out regular maintenance of permanent surveying markers to ensure the normal utilization of the surveying markers.

  Article 19 A construction unit shall, in carrying out engineering construction, seek to get around permanent surveying markers; if it is absolutely impossible to get around such markers and necessary to have them shifted or rendered ineffective, the engineering construction unit shall undergo the following procedures of approval:

  (1) Removal and shifting of basic surveying markers or rendering basic surveying markers ineffective shall be approved by the competent department of surveying and mapping administration under the State Council or by the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government;

  (2) Removal and shifting of special permanent surveying markers of departments concerned or rendering special permanent surveying markers of departments concerned ineffective shall have the agreement of the departments that establish the surveying markers and be approved by the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  The unit and personnel concerned responsible for taking care of the surveying markers shall likewise be informed of the removal and shifting of permanent surveying markers.

  Article 20 The engineering construction unit shall, in accordance with relevant provisions of the State, pay expenses of shifting and reconstruction to departments of surveying and mapping administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the approved removal and shifting of basic surveying markers or rendering basic surveying markers ineffective.

  The engineering construction unit shall, in accordance with relevant provisions of the State, pay expenses of shifting and reconstruction to the department that establishes the surveying markers for the approved removal and shifting of special surveying markers of the department concerned or rendering the special surveying markers of the department concerned ineffective; the engineering construction unit shall, in accordance with relevant provisions of the State, pay expenses of shifting and reconstruction to departments of surveying and mapping administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in case of failure to locate the department concerned that establishes the special surveying markers.

  Article 21 Reconstruction of the permanent surveying markers shall be organized and carried out by the department that receives the fund for the shifting and reconstruction of surveying markers.

  Article 22 Surveying markers are protected by the State. The following acts harmful to the safety of the surveying markers or that render the surveying markers ineffective are forbidden:

  (1) damage, destruction or shifting without authorization of underground or above-ground permanent surveying markers and temporary surveying markers in use;

  (2) burning wasteland, farming, earth-gathering, or sand-excavating within the occupied land area of a surveying marker, or seize and occupy the land used for permanent surveying markers;

  (3) quarrying, demolition, shooting(firing) or installing high-voltage power lines in areas fifty meters from permanent surveying markers;

  (4) building of constructions within the occupied land area of a surveying marker affecting effectiveness of the surveying marker;

  (5) installing of communication facility, watch tower, tents, tying of cattle or other appendixes that may damage and destroy the surveying marker on such marker;

  (6) demolition without authorization of constructions with surveying markers or removal of surveying markers on the constructions;

  (7) other acts harmful to the safety and effectiveness of surveying markers.

  Article 23 Those who have committed one of the acts forbidden under Article 22 of these Regulations or have committed one of the following acts shall be ordered by the department of surveying and mapping administration of the people's government at and above the county level to make corrections with a specified time period, be served a warning and be imposed a fine under RMB 50,000 in the light of the extent of seriousness of the case; those in charge who have direct responsibilities and other personnel directly responsible shall be given administrative penalty according to law; those who have caused losses shall undertake the responsibility of compensation according to law:

  (1) interference or obstruction of the construction unit of surveying markers in the use of land in accordance with law or in the establishment of permanent surveying markers on constructions;

  (2) Removing and shifting permanent surveying markers by an engineering construction unit without authorization and approval or rendering permanent surveying markers ineffective, or refusing to pay the expenses of shifting and reconstruction in accordance with the relevant provisions of the State;

  (3) causing damage to permanent surveying markers in conducting surveying and mapping against the operational procedures of surveying and mapping;

  (4) using permanent surveying markers without certificate and rejecting the supervision of the department of surveying and mapping administration of the people's government at and above the county level and refusing to respond to the inquiry of the unit and personnel responsible for taking care of the surveying markers.

  Article 24 Staff members of the department of surveying and mapping administration shall be given administrative penalties according to law for negligence of duty, abuse of power and malpractice for selfish gains.

  Article 25 Those who have violated the provisions of these Regulations and should receive administrative penalty shall be punished in accordance with the provisions of the Regulations on Administrative Penalties for Public Security; those who have committed criminal offenses shall be investigated for criminal responsibilities in accordance with law.

  Article 26 These Regulations shall go into effect as of January 1, 1997. The “Regulations on the Protection of Surveying Markers” promulgated by the State Council on January 7, 1984 shall be annulled as of the same date.

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