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中华人民共和国地图编制出版管理条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE MANAGEMENT OF MAP DRAWING AND PUBLICATION

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国务院令第180号
(Promulgated by Decree No. 180 of the State Council of the People's Republic of China on July 10, 1995)
颁布日期:19950710  实施日期:19951001  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated for the purpose of strengthening control on map drawing and publication, ensuring the quality of the maps drawn up and published and maintaining national sovereignty, security and interests, in order to serve economic construction, social development and the people's livelihood.

  Article 2 These Regulations shall apply to the drawing up and publication of all kinds of ordinary and specialized maps as available to the public.

  Article 3 Laws and administrative regulations on confidentiality must be complied with when maps are drawn up and published. Maps which are available to the public must not show any state secrets or restricted items.

  Article 4 The administrative department responsible for surveying and mapping under the State Council shall be in charge of drawing up maps of the whole country. Other relevant departments under the State Council, according to the division of duties as stipulated by the State Council, shall be responsible for drawing up specialized maps within their own departments. The administrative department responsible for publication under the State Council in conjunction with the administrative department responsible for surveying and mapping under the State Council, shall be responsible for national map publication work.

  The department responsible for drawing up and publishing maps in a province, autonomous region or municipality directly under the Central Government and its duties shall be stipulated by the people's government of the province, autonomous region or municipality directly under the Central Government.

  The administration and drawing up of military maps and sea charts shall be carried out according to the regulations of the State Council and the Central Military Commission.

  Chapter II Management of Map Drawing

  Article 5 Anyone who draws up an ordinary map must hold the relevant surveying and mapping qualification in accordance with the Survey and Mapping Law of the People's Republic of China.

  Anyone who draws up a specialized map and who needs to survey and draw up the map immediately, must hold the relevant surveying and mapping qualification according to the Survey and Mapping Law of the People's Republic of China.

  Article 6 When the map contains the national borders of the People's Republic of China, the historical Chinese borders or the borders of each country in the world, the following regulations shall be complied with:

  (1) the national borders of the People's Republic of China shall be drawn in accordance with any border treaties, agreements, protocols and appended maps which have been signed by the People's Republic of China and the neighboring countries concerned; in cases where the People's Republic of China has still not signed a border treaty with the neighbouring country concerned, the national borders shall be drawn according to the national borders on standard specimen maps of the People's Republic of China;

  (2) the historical Chinese borders during the period from 1840 to the founding of the People's Republic of China shall be drawn according to the historical borders on standard specimen maps; before 1840, Chinese borders shall be drawn based on relevant historical data and according to the actual historical borders; and

  (3) the borders of each country in the world shall be drawn according to the standard specimen maps of the borders between the countries of the world; historical borders of each country in the world shall be drawn based on relevant historical data and according to the actual historical borders.

  The standard specimen maps showing the national borders of the People's Republic of China, historical Chinese borders and the borders between the countries of the world shall be promulgated by the Ministry of Foreign Affairs and the administrative department responsible for surveying and mapping under the State Council, and submitted to the State Council for approval for issue.

  Article 7 When the map contains the boundaries of the administrative area of a province, autonomous region or municipality directly under the Central Government of the People's Republic of China, the following regulations shall be complied with:

  (1) if the State Council has already designated the boundaries, or the people's governments of neighboring provinces, autonomous regions or municipalities directly under the Central Government have come to an agreement ascertaining the boundaries, then they shall be drawn in accordance with the relevant documents or in accordance with the boundaries as determined by the agreement;

  (2) if the people's governments of neighbouring provinces, autonomous regions or municipalities directly under the Central Government have not come to any agreement on boundaries but the boundary line as drawn on the maps belonging to both parties is consistent and there are no disputes, then the boundaries shall be drawn according to the boundaries on the maps belonging to both parties; and

  (3) if there are any disputes between the people's governments of neighboring provinces, autonomous regions or municipalities directly under the Central Government, and the boundaries drawn in maps belonging to both parties are not consistent, then the boundaries shall be drawn according to the standard specimen maps of the administrative areas of the province, autonomous region or municipality directly under the Central Government which have been drawn up by the administrative department responsible for surveying and mapping under the State Council and the civil affairs administration under the State Council and which have been submitted to the State Council for approval for issue.

  Article 8 When a map is drawn up, national regulations concerning the contents of the map shall be complied with.

  Article 9 When a map is drawn up, the following requirements shall be satisfied:

  (1) the newest map data shall be selected as the basis of the map, and this shall be supplemented or altered by any changes in the current situation;

  (2) the geographical location, situation, name of each factor and their mutual relationship shall be depicted correctly;

  (3) any relevant data or professional content for use in the map shall be provided; and

  (4) the scale of the map shall conform with national regulations.

  Chapter III Management of Map Publication

  Article 10 Ordinary maps shall be published by special publishing houses for publishing maps, other publishing houses shall not publish maps.

  The establishment of a special publishing house for maps or changes in the scope of the maps published by an established map publishing house shall be submitted to the department of publication administration under the State Council for approval according to the described procedures. Before handling the procedures for examination and approval, the department of publication administration under the State Council shall seek the advice of the administrative department responsible for surveying and mapping under the State Council.

  Article 11 Any central publishing house specially for publishing maps may publish all types of maps in accordance with the scope of maps published as approved by the department of publication administration under the State Council.

  Any local publishing house specially for publishing maps may publish all types of maps except world maps and national maps in accordance with the scope of maps published as approved by the department of publication administration under the State Council.

  Article 12 Any central specialized publishing house which possesses the professional and technical conditions for publishing maps may publish specialized maps on a special topic according to the scope of maps published as approved by the department of publication administration under the State Council.

  Any local specialized publishing house which possesses the professional and technical conditions for publishing maps, may publish specialized local maps on a special topic according to the scope of maps published as approved by the department of publication administration under the State Council.

  Article 13 Any specialized publishing house which is engaged in the publication of tourism maps, transport maps or propaganda pictures about current events shall possess the relevant professional and technical personnel, the equipment and the technical conditions for drawing up maps, and shall apply to the department of publication administration under the people's government of the province, autonomous region or municipality directly under the Central Government for permission to publish maps. If approval is given after examination, and this is submitted to and approved by the department of publication administration under the State Council, then this party may publish within the approved scope of maps published.

  When the department of publication administration of the province, autonomous region or municipality directly under the Central Government examines an application for map publication under the preceding paragraph, it shall seek the advice of the administrative department responsible for surveying and mapping under the State Council or of the department responsible for the management of surveying and mapping work of the people's government of the province, autonomous region or municipality directly under the Central Government.

  Article 14 All teaching maps used nationwide in middle schools and primary schools shall be examined and approved by the administrative department in charge of education under the State Council together with the administrative department responsible for surveying and mapping under the State Council and the Ministry of Foreign Affairs; teaching maps used locally in middle schools and primary schools shall be examined and approved by the administrative department in charge of education under the people's government of the province, autonomous region or municipality directly under the Central Government together with the administrative department responsible for surveying and mapping under the people's government of the province, autonomous region and municipality directly under the Central Government.

  No publishing house shall publish teaching maps for use in middle schools and primary schools without examination and approval.

  Article 15 Teaching maps for middle schools and primary schools shall be published by central publishing houses specially for publishing maps within the scope of maps published as approved by the department of publication administration under the State Council; all other central publishing houses which publish teaching maps for use in middle schools and primary schools or local publishing houses which publish teaching maps for use locally in middle schools and primary schools shall be examined and approved by the department of publication administration under the State Council in conjunction with the administrative department responsible for surveying and mapping under the State Council, and they may publish within the scope of map publications approved. However, the exception to this is the maps included in middle and primary school textbooks.

  Article 16 Any publishing house, newspaper office or magazine office may insert or append maps in its books, newspapers or periodicals when necessary.

  Article 17 If a map (including illustrations and sketch maps in books, newspapers and periodicals) which contains national borders or the boundaries of the administrative area of a province, autonomous region or municipality directly under the Central Government, is to be published or exhibited without being published, a duplicate specimen shall be sent for examination and approval before publication or exhibition in accordance with the following provisions:

  (1) maps containing national borders, maps involving two or more administrative areas of province, autonomous region or municipality directly under the Central Government and maps of Taiwan, Hong Kong or Macao shall be submitted to the department responsible for surveying and mapping under the State Council for examination and approval;

  (2) local maps of the administrative area of a province, autonomous region or municipality directly under the Central Government shall be submitted to the department responsible for the management of surveying and mapping work of the people's government of the province, autonomous region or municipality directly under the Central Government or to the department responsible for surveying and mapping under the State Council for examination and approval; and

  (3) historical maps, world maps and propaganda pictures about current events shall be submitted to the Ministry of Foreign Affairs and the department responsible for surveying and mapping under the State Council for examination and approval.

  Article 18 If a specialized national or local map is to be published or exhibited without being published, a duplicate specimen of its contents shall be submitted to the relevant administrative department of the State Council if it is a national map or the relevant administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government if it is a local map for examination and approval before publication or exhibition.

  Article 19 The departments in charge of examination and approval according to Articles 17 and 18 of these Regulations shall notify the unit submitting the specimen of their decision with regard to examination and approval within 30 days of receiving the duplicate specimen; if by the end of this period no notification has been made, it shall be deemed that the publication or exhibition of this sample has been approved.

  Article 20 Confidential or restricted maps shall not be published, distributed or exhibited publicly in any form.

  Article 21 Before the distribution of a publication including maps, the relevant central or local publishing house shall send a sample publication to any relevant departments or institutions, in accordance with the relevant national regulations, furthermore the sample should be submitted in duplicate to the administrative department responsible for surveying and mapping under the State Council or to the department responsible for the management of survey and mapping work of the people's government of the province, autonomous region and municipality directly under the Central Government for the record.

  Article 22 The copyright of a map is protected by law. No organization or individual shall reproduce, distribute, adapt, translate or edit any map without permission from the holder of the map's copyright; however, the exception shall be incases when there are other provisions in the copyright laws or regulations.

  Article 23 When a map is published, clear indication should be given of the data and sources upon which any borders on the map are based; the exception to this is sketch maps in advertisements, trade marks, propaganda pictures or in films or TV programs.

  Chapter IV Legal Responsibility

  Article 24 Anyone who violates this Regulations by drawing up a map without holding the relevant qualifications in surveying and mapping and without authorization shall be ordered to cease these activities, any unlawful gains shall be confiscated and a fine of not exceeding the amount of the illegal gains may be imposed by the administrative department responsible for surveying and mapping under the State Council or any department authorized by it, or by the department responsible for the management of survey and mapping work of the people's government of the province, autonomous region or municipality directly under the Central Government or any department authorized by it.

  Article 25 Anyone who violates these Regulations in any one of the following manners shall be ordered to cease distribution, sale or exhibition by the administrative department responsible for surveying and mapping under the State Council or the department responsible for the management of survey and mapping work of the people's government of the province, autonomous region or municipality directly under the Central Government, and a fine of between 300 and 10000 yuan shall be imposed on the publishing house concerned; in serious cases, the department of publication administration shall revoke the qualification allowing the publishing house to publish maps:

  (1) in cases where the duplicate sample of a map has not been submitted for examination and approval in accordance with the regulations to the administrative department responsible for surveying and mapping under the State Council or the department responsible for the management of surveying and mapping work of the people's government of the province, autonomous region or municipality directly under the Central Government before the printing or exhibition of the map;

  (2) in cases where the duplicate sample of a specialized map has not been submitted for examination and approval in accordance with the regulations to the relevant administrative authorities before the printing or exhibition of the map;

  (3) in cases where a map is published where the national borders or the administrative boundaries of a province, autonomous region and municipality directly under the Central Government do not conform to the relevant national regulations; or

  (4) in cases where the representation of contents of the map do not conform to the relevant national regulations causing a grave error.

  In cases where any offences listed in items (3) or (4) of the preceding paragraph are committed, all maps as well as all unlawful gains shall be confiscated.

  Article 26 Anyone who violates these Regulations by engaging in the publication of maps without obtaining approval and without authorization or beyond the scope approved shall be ordered by the department of publication administration to cease these illegal activities, all maps published and unlawful gains shall be confiscated and a fine may be imposed of between 5 and 15 times the sum of the unlawful gains.

  Article 27 Any violations of map copyright shall be dealt with in accordance with the copyright laws and regulations.

  Article 28 If these Regulations are violated and a map is released to the public which leaks national secrets or endangers national sovereignty, security or interests, the person in charge directly responsible or any other responsible persons shall be given disciplinary punishments in accordance with the law; if this constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

  Article 29 Where the administrative personnel for map drawing or publishing practice fraud, neglect their duties or commit a malpractice in pursuing their own interests, if this constitutes a crime, then criminal responsibility shall be investigated according to the law; if this does not constitute a crime, then disciplinary punishments shall be imposed according to the law.

  Chapter V Supplementary Provisions

  Article 30 These Regulations shall be in force as of October 1, 1995.

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