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中华人民共和国测绘法(二)

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  Chapter V Management of Surveying and Mapping Results

  Article 18 Basic surveying and mapping results and specialized surveying and mapping results completed by other relevant departments under the State Council or by the relevant departments of the local people's governments at or above the county level must, in accordance with regulations, be summarized and submitted in the form of catalogues respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government; data and graphs of astronomical surveys, geodetic surveys, satellite geodetic surveys and gravimetric surveys completed by other relevant departments under the State Council or other relevant departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, as well as maps officially printed by them, must, in accordance with regulations, be summarized and submitted, in the form of duplicate copies, respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.

  The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall regularly compile catalogues of the surveying and mapping results and supply them to relevant users.

  Article 19 Surveying and mapping to be conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China by a foreign organization or individual alone or in cooperation with the relevant department or unit of the People's Republic of China shall be subject to the approval by the Government of the People's Republic of China or by the department authorized by it.

  A foreign organization or individual that with due approval conducts surveying and mapping in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China either alone or in cooperation with the relevant department or unit of the People's Republic of China, must comply with relevant laws and administrative rules and regulations of the People's Republic of China and must submit two duplicate copies of the complete surveying and mapping results to the competent department of surveying and mapping administration under the State Council.

  Article 20 Where the surveying and mapping results need to be kept confidential, the determination or alteration of the category of secrecy, the declassification of the secrets as well as the use of such results shall be governed by the Law on Guarding State Secrets.

  In the event that classified surveying and mapping results are to be supplied to foreign organizations or individuals, the procedures of examination and approval laid down by the State Council and the Central Military Commission shall be followed.

  Article 21 Charges shall be paid for the use of surveying and mapping results; specific measures therefore shall be drawn up by the State Council.

  The surveying and mapping results that come under the category of intellectual property shall be governed by provisions of relevant laws.

  Article 22 Significant geographic information and data concerning the positions, elevations, depths, areas and lengths of the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall be examined and verified by the competent department of surveying and mapping administration under the State Council then, after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, be submitted to the State Council for approval, and then published by the State Council or by the department authorized by it.

  Article 23 The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall exercise supervision over the quality of basic surveying and mapping results.

  A surveying and mapping unit shall establish and improve the system of quality control over its surveying and mapping results.

  Chapter VI Protection of Surveying Markers

  Article 24 Every unit and individual shall have the duty to protect permanent aboveground and under ground surveying markers as well as temporary surveying markers still in use; any unit or individual may not damage, destroy, or without authorization remove surveying markers, nor seize or occupy the land used for permanent surveying markers.

  Within the security control area of a permanent surveying marker, no mining, earth-gathering, sand-excavating, quarrying, demolition, shooting and other activities which endanger the safety and effective utilization of the surveying markers shall be allowed.

  Permanent surveying markers as referred to in paragraph 1 of this Article include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points and leveling points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at seabed geodetic points.

  Article 25 A unit that establishes permanent surveying markers shall set up distinct signs for such markers.

  A unit that establishes permanent surveying markers shall entrust an appropriate local unit with the designation of personnel for taking care of such surveying markers.

  Article 26 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 removed or rendered ineffective, the construction unit shall acquire consent from the unit that has established the permanent surveying markers, and, obtain approval from the competent department of surveying and mapping administration under the State Council or from the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The construction unit shall bear the expenses for the removal and reestablishment of such markers.

  Article 27 Surveying and mapping personnel, when employing permanent surveying markers, must hold surveying and mapping work certificates and ensure that the surveying and mapping markers remain in good condition. The unit or individual responsible for taking care of the surveying and mapping markers shall inspect and examine if they are intact after employment.

  Chapter VII Legal Responsibility

  Article 28 Those who, in violation of the provisions of this Law, have illegally engaged in surveying and mapping for commercial purposes without having their qualification of surveying and mapping verified shall be ordered to suspend their surveying and mapping activities, have their illegal incomes confiscated, and may additionally be imposed a fine thereon ranging from 50% to 100% of their illegal gains, by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

  Article 29 Units that, in violation of the provisions of this Law, fail to have their surveying and mapping missions registered according to regulations prior to performing any surveying and mapping shall be ordered to suspend their surveying and mapping by the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council.

  Article 30 A surveying and mapping unit shall be liable for compensation for any losses caused to a user or users by its substandard surveying and mapping results.

  A surveying and mapping unit whose substandard surveying and mapping results have many times caused losses to a user or users shall have its qualification of surveying and mapping divested by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

  Article 31 A party refusing to accept a decision on administrative sanctions may, within 15 days from receiving the notification of such a decision, apply for reconsideration to the authorities next higher to the authorities that have made the sanction decision; if the party refuses to accept the reconsideration decision, it may, within 15 days from receiving the reconsideration decision, bring a suit before a people's court. A party may also bring a suit directly before a people's court within 15 days from receiving the notification of the sanctions. If, upon the expiration of the time limit, the party has not applied for reconsideration, nor brought a suit before a people's court, nor complied with the sanction decision, the authorities that have made the sanction decision may apply to the people's court for compulsory execution.

  Article 32 Those who obstruct surveying and mapping personnel from carrying out surveying and mapping according to law, who damage, destroy, or remove without authorization permanent surveying markers, or who engage in other activities that endanger the safety and effective utilization of permanent surveying markers, shall be punished in accordance with the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.

  Those who intentionally sabotage permanent surveying markers shall be investigated for criminal responsibilities in accordance with the provisions of Article 175 of the Criminal Law of the People's Republic of China.

  Chapter VIII Supplementary Provisions

  Article 33 Measures for the management of military surveying and mapping shall be drawn up by the Central Military Commission in accordance with this Law.

  Article 34 This Law shall go into effect as of July 1, 1993.

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