measures of guangzhou municipality for surveying and mapping management  广州市司法局网站-凯发k8官方

　　(issued on august 10, 2022 in accordance with decree no. 190 of the people’s government of guangzhou municipality and to be brought into force on october 1, 2022)

　　chapter i    general provisions

　　article 1      these measures are formulated in accordance with the surveying and mapping law of the people’s republic of china, the regulations on basic surveying and mapping, the regulations on map management, the regulations of guangdong province on surveying and mapping and other relevant laws and regulations, on the basis of the basic conditions of this municipality and with a view to strengthening the management of surveying and mapping related geographic information, expanding the application of new surveying and mapping technologies, promoting the development of surveying and mapping related geographic information undertakings and maintaining the security of national geo-information.

　　article 2      the surveying and mapping activities (excluding military surveying and mapping), use of surveying and mapping results and engagement in geographic information services within the administrative area of this municipality shall comply with these measures.

　　article 3     the municipal and district people’s governments shall strengthen the leadership over the work in relation to surveying and mapping related geographic information, promote the co-construction, sharing and application of surveying and mapping related geographic information resources, formulate policies for the development of the geographic information industry on the basis of the actual conditions, and make efforts to promote the development of the geographic information industry.

　　the funds required by basic surveying and mapping, emergency surveying and mapping and other basic and non-profit surveying and mapping work shall be included in the financial budget at the corresponding level.

　　article 4     the municipal natural resources authority shall be responsible for the unified supervision and management of the surveying and mapping related geographic information work in the whole city, and the organization of the implementation of these measures.

　　other relevant municipal/district authorities shall be responsible for their respective surveying and mapping related geographic information work as assigned by the municipal/district people’s government.

　　article 5     this municipality encourages the innovation and progress in surveying and mapping science and technology, supports the use of advanced technology and equipment to carry out new-type surveying and mapping work, expands the law-based application of surveying and mapping related geographic information results, promotes the integration of military and civilian surveying and mapping development, and strengthens exchanges and cooperation in surveying and mapping science and technology.

　　entities/individuals with significant contributions to the innovation and progress of surveying and mapping science and technology shall be rewarded as per the relevant national, provincial or municipal policies.

　　article 6       any entity/individual may dissuade, complain or report illegal acts concerning surveying and mapping related geographic information. after receiving a complaint or report, the natural resources authority shall promptly initiate investigations and handle it according to law, and keep the informants confidential.

　　chapter ii   surveying and mapping benchmark and system

　　article 7     this municipality adopts the national uniform surveying and mapping benchmark and system and city-specific plane coordinate system and elevation system, and implements the national, provincial or municipal regulations and standards for surveying and mapping related geographic information.

　　article 8     this municipality adopts the coordinate systems of the china geodetic coordinate system 2000 and the guangzhou coordinate system 2000, and adopts the elevation system of 1985 national height datum and the guangzhou-specific elevation system.

　　the guangzhou coordinate system 2000 shall be linked with the china geodetic coordinate system 2000, and the guangzhou-specific elevation system shall be linked with the 1985 national height datum.

　　article 9     the municipal natural resources authority shall be responsible for coordinating the construction, operation and maintenance of the continuous operation satellite positioning service system in guangzhou, and formulating relevant use and management regulations and systems.

　　the municipal natural resources authority shall, in conjunction with the municipal authorities in charge of housing and urban-rural development, industry and information technology, transportation, water affairs, etc, strengthen the regulation of and guidance to the construction and operation of satellite navigation and positioning reference stations.

　　chapter iii  basic surveying and mapping and other types

　　of surveying and mapping

　　article 10   the municipal natural resources authority shall, in conjunction with the municipal development and reform commission and other relevant authorities, organize the preparation of the plan for basic surveying and mapping within the municipal administrative areas according to the basic surveying and mapping plans of the central/provincial government and the actual conditions of this municipality, submit it to the municipal people’s government for approval, and organize its implementation upon filing it with the provincial natural resources authority.

　　article 11      the municipal development and reform commission shall, in conjunction with the municipal natural resources authority, organize the preparation of the annual plan for basic surveying and mapping within the administrative areas of this municipality according to the basic surveying and mapping plan and the needs of economic and social development and urban-rural development, and submit it to the provincial authority for filing before its implementation organized by the professional surveying and mapping authorities ex officio.

　　article 12   the basic surveying and mapping of this municipality includes:

　　(1)the establishment, construction, update and maintenance of such surveying and mapping infrastructure as plane control network, elevation control network and guangzhou continuous operation satellite positioning service system;

　　(2)the acquisition of basic aerial photography and basic aerospace remote sensing surveying and mapping data and the mapping and updating of corresponding in-depth products;

　　(3)the mapping and updating of 1:2000 and 1:500 topographic maps and corresponding in-depth products;

　　(4)the cooperation with the provincial natural resources authority in the mapping and updating of 1:5000 topographic maps and corresponding in-depth products;

　　(5)the construction, update and maintenance of basic geographic information system;

　　(6)other basic surveying and mapping matters stipulated by laws, regulations and rules.

　　article 13    this municipality is available with a basic surveying and mapping results updating system that requires updates to be done in the following ways:

　　(1)the plane coordinate control network and elevation control network of class ii and above in this municipality shall be maintained and monitored at least every three years. regular coordinate calculation of the guangzhou continuous operation satellite positioning service system shall be performed, with the calculation period not exceeding one year.

　　(2)the 1:500 topographic map for the key construction areas of this municipality shall be updated at least once a year, and the 1:500 topographic map for other construction areas shall be updated at least every two years; the 1:2000 topographic maps shall be updated at least every three years; 1:5000 topographic maps shall be updated at least every five years.

　　(3)this municipality shall carry out photographic survey according to the needs of urban-rural development, and regularly update the city-wide photographic image map and digital products.

　　(4)this municipality shall timely update other basic surveying and mapping results urgently needed for economic development, national defense, social development, ecological, historical or cultural protection.

　　article 14    the municipal natural resources authority shall, according to the needs of responding to natural disasters and other emergencies, timely provide maps, basic geographic information and data, public geographic information service platforms and other mapping results, and strive to provide such emergency mapping supports as remote sensing monitoring, navigation & positioning and map drawing.

　　article 15     other activities concerning surveying and mapping related geographic information, including real estate surveying and mapping, underground pipeline surveying, geographical national condition monitoring, boundary surveying and mapping and engineering surveying, shall be carried out in accordance with laws, regulations, rules and relevant technical specifications.

　　chapter iv  qualification and surveying and mapping market

　　article 16     any entity engaged in surveying and mapping activities within the administrative area of this municipality shall possess corresponding surveying and mapping qualifications. the municipal natural resources authority shall be responsible for the unified supervision and regulation of surveying and mapping qualifications in the administrative areas of this municipality.

　　the municipal natural resources authority shall, according to the entrustment of the provincial natural resources authority, review and approve the grade b qualification of surveying and mapping and may introduce a third party institution to carry out technical review, and conduct on-site audit or expert review.

　　article 17    a surveying and mapping entity shall not engage in surveying and mapping activities beyond the scope permitted by its qualification at the corresponding grade, nor shall it engage in surveying and mapping activities in the name of other surveying and mapping entities, or allow other entities to engage in surveying and mapping activities in its name.

　　where a surveying and mapping project is subject to bidding, the tenderee shall legally set requirements for the qualification grade of the surveying and mapping entity in the bidding documents or the invitation for bids, and shall not award of the bid to an entity that does not have the required qualification at the corresponding grade, or allow a surveying and mapping entity to win the bid at a cost lower than the surveying and mapping cost.

　　the surveying and mapping entity winning the bid shall not transfer or subcontract the surveying and mapping project. the winning entity may, in accordance with the contract or with the consent of the tenderee, subcontract some minor or less crucial parts of the project. surveying and mapping entities that accept the subcontracted parts shall also have corresponding qualifications and shall not sublicense the subcontracted parts of the project.

　　article 18     when conducting surveying and mapping activities, the surveying and mapping operators shall hold and present the surveying and mapping work permits of the unified type issued by the national natural resources authority, abide by the relevant operation specifications, and minimize the impact on the public’s normal life and production order.

　　no entity or individual may prevent or obstruct surveying and mapping operators from carrying out surveying and mapping activities according to law. relevant entities and individuals shall provide convenience and necessary assistance to surveying and mapping operators when conducting surveying and mapping activities according to law.

　　article 19   the municipal natural resources authority shall undertake the special statistical investigation of natural resources surveying and mapping, and submit the statistical data to the provincial natural resources authority.

　　the surveying and mapping entity shall, in accordance with relevant provisions, timely submit relevant statistical data to the municipal natural resources authority to ensure the truthfulness, accuracy and completeness of the submitted data.

　　article 20     foreign organizations or individuals engaging in surveying and mapping activities within the administrative areas of this municipality shall obtain the approval as required by law and abide by the provisions of relevant laws and administrative regulations of the people’s republic of china, and shall not involve state secrets or endanger state security.

　　the natural resources authority shall, in accordance with the provisions of the state laws, regulations and rules, strengthen the supervision and management of the surveying and mapping activities specified in the preceding paragraph.

　　chapter v management and use of surveying and mapping results

　　article 21   for the surveying and mapping projects completed within the administrative areas of this municipality, the investors of the surveying and mapping projects or the entities undertaking the surveying and mapping projects funded by financial investment shall, within 3 months from the date of completion of the projects, submit a copy of the surveying and mapping results and the catalogue of the surveying and mapping results to the provincial natural resources authority:

　　(1)for basic surveying and mapping results, a copy of the surveying and mapping results shall be submitted;

　　(2)for other surveying and mapping results, the catalogue of the surveying and mapping results shall be submitted; for the surveying and mapping results completed with the support of financial funds, a copy of the surveying and mapping results shall be submitted.

　　the municipal natural resources authority shall compile the catalogue of surveying and mapping results of this municipality on a regular basis and announce it to the public.

　　article 22  the natural resources authority shall strengthen the supervision and management of the quality of surveying and mapping results.

　　surveying and mapping entities shall establish a mature quality assurance system for surveying and mapping results and be responsible for the quality of the surveying and mapping results of projects that have been completed. surveying and mapping results that have not been inspected or have failed the inspection shall not be delivered for use.

　　article 23    the institution safekeeping surveying and mapping results shall establish a mature system for preservation and management of surveying and mapping results, fulfill the tasks in the reception, sorting, statistics, safekeeping and confidentiality of surveying and mapping results according to law, be equipped with necessary facilities to ensure the safety and integrity of surveying and mapping results, and implement a backup mechanism for storing basic surveying and mapping results in different places.

　　article 24    the basic surveying and mapping results and other surveying and mapping results supported by the financial investment, if intended for government decision-making, national defense construction and public services, shall be provided free of charge; where relevant surveying and mapping results are required for urban-rural development, these surveying and mapping results may be provided free of charge.

　　except the cases specified in the forgoing paragraph, the surveying and mapping results adopt a paid use system in accordance with the law, provided that the surveying and mapping results may be used free of charge for the purpose of meeting the needs of public interests such as disaster prevention and mitigation, response to emergencies, and maintenance of national security.

　　for paid use of surveying and mapping results in accordance with the law, the user and the sponsor of the surveying and mapping project shall sign a written agreement to specify the rights and obligations of both parties.

　　article 25  where the surveying and mapping results are state secrets, the determination of their classification, their change, decryption, copying, use, transfer, lending and safekeeping shall abide by the relevant provisions of confidentiality laws and regulations. the natural resources authority shall, in conjunction with secrecy authority and other relevant authorities, supervise and inspect the use and management of surveying and mapping results involving state secrets.

　　for the use of basic surveying and mapping results that are state secrets, the purpose and scope of use shall be made clear in written and submitted to the municipal natural resources authority for approval. if approved by the municipal natural resources authority, the secret level, confidentiality requirements and relevant 凯发k8官方 copyright protection requirements of the surveying and mapping results shall be informed in writing to the user, and the user shall use the surveying and mapping results within the approved scope. if disapproved, the reasons shall be informed in writing to the user.

　　chapter vi  surveying and mapping related geographic

　　information service and application

　　article 26     the municipal and district people’s governments shall build a well-established mechanism for co-construction and sharing of geographic information resources among government sectors, and incorporate geographic information and data into the municipal big data management system.

　　the municipal natural resources authority shall, in accordance with the national basic geographic information standard, formulate a unified cross-city basic geographic information standard, establish the guangzhou-specific basic geographic information system, and promote the social application of geographic information.

　　article 27     for surveying and mapping projects supported by financial funds and other projects supported by financial funds that involve surveying and mapping, the relevant authorities shall, prior to the approval of the project, consult the municipal natural resources authority, and the municipal natural resources authority shall give a written reply within 10 days. appropriate surveying and mapping results on hand, if available, shall be made full use of to avoid repeated surveying and mapping.

　　article 28    the municipal natural resources authority and the municipal government service data management authority shall, in conjunction with other relevant authority and entities, use the unified cross-city big data platform to promote the sharing and application of geographical information resources, and provide services for the people’s governments at all levels when performing their functions of economic regulation, market regulation, social management, public services, ecological and historical cultural protection.

　　the municipal natural resources authority shall actively promote the processing and compilation of the public version of surveying and mapping results, increase the supply of geographical information, open up the geographical information resources that can be made public, and provide geographical information services to the society through the geographical information public service platform.

　　colleges and universities, scientific research institutions, etc. may use legally owned geographic information resources for exchange and sharing.

　　article 29 the municipal and district people’s governments shall take measures to encourage the r&d and innovation of key core technologies of surveying and mapping related geographic information with independent intellectual property rights, and boost the construction of surveying and mapping related geographic information infrastructure, the r&d and promotion of technical equipment, the acquisition of geographic information resources and the application of geographic information results.

　　in the building of digital government and smart city, the municipal and district people’s governments and the relevant government sectors shall purchase the first set of equipment, system, software and other products through such ways as government’s first purchase and ordering, implement the first set of product demonstration application projects, and promote the innovation and progress of science and technology concerning surveying and mapping related geographic information.

　　article 30  the municipal and district people’s governments and the relevant government sectors shall, in accordance with the relevant national/provincial policies, formulate incentive measures to encourage and support the innovative development of the surveying and mapping related geographic information industry, create a favorable development environment, attract social funds to invest in the geographic information industry, support the development of new forms and new patterns in the geographic information industry, promote the structural adjustment, optimization and upgrading of the geographic information industry, and accelerate the integrated development of the geographic information industry and other industries.

　　chapter vii map management and use

　　article 31    the municipal natural resources authority shall implement unified supervision and management of the map-related work in the administrative areas of this municipality, and be responsible for examining the maps mainly manifested within the administrative areas of this municipality.

　　the municipal natural resources authority shall explore the supervision and management of maps by applying information technologies to improve the regulatory capacities over maps.

　　article 32    the natural resources authority shall, in conjunction with the authorities in charge of education, national security, press and publication, culture, radio, television and tourism, market regulation, sports, transportation, commerce, internet information, secret, customs, etc., establish a mature working mechanism of consolidated supervision of maps, and take a law-based approach to strengthen the supervision and inspection of map compilation, publication, display, publishing, production, sales, import and export.

　　article 33  the municipal natural resources authority shall regularly organize the compilation, updating and publication of non-profit maps for free use by the public.

　　the indication of education, teaching, publicity, news and other information on the non-profit map that retains the original map approval number shall not affect the expression of various important geographical information such as the name of administrative division, the boundary of administrative regions, and important place names.

　　the natural resources authority shall, in conjunction with the relevant authorities in charge of culture, radio, television, tourism, education, civil affairs, press and publication, strengthen the publicity of and guidance on the use of non-profit maps.

　　article 34    no entity or individual may publish, print, display, sell, import, export, or produce or process unapproved maps and products attached with unapproved maps, except for the maps that are not subject to approval as required by law, including scenic spot maps, block maps and public transport route maps. the relevant entities shall check the map approval numbersas follows:

　　(1)for the maps displayed at airports, passenger stations, rail transit stations, museums, exhibition halls, science and technology museums or other public places, the business operators shall check the map approval numbers.

　　(2)for thetv programs involving maps, tv stations and iptvservice providers shall check the map approval numbers when examining the contents of broadcast programs as required.

　　(3)for the printed matters that involves maps, the printing entities shall check the map approval numbers.

　　(4)the exhibition organizers shall, prior to the start of the exhibitions, inform the exhibitors and exhibition service providers of the relevant requirements on the correct use of maps, and check the map approval numbers of the map exhibits and other maps used during the exhibitions.

　　the problems that are found during the checking of map approval numbers byrelevant entities in accordance with the provisions of the preceding paragraph or the problems that are found by the relevant authorities in charge of education, press & publication or market regulation during their law-based examination, review and checking of the map related textbooks of primary and secondary schools, publications, films, tv series and relevant advertisementsshall be reported to the municipal natural resources authority in a timely way.

　　the operators of e-commerce platforms shall urge the map operators on the platforms to engage in business activities in accordance with the relevant provisions on map management.

　　article 35    the data collection, editing and making of autopilot maps shall be undertaken by surveying and mapping entities with gps map making qualifications. for the cooperation between an autopilot map making entity and relevant entities in the field of intelligent networking on the r&d and testing of autopilot maps, the surveying and mapping activities required can only be independently carried out by surveying and mapping entities with gps map making qualifications.

　　the relevant entities in the field of autopilot shall set in the people’s republic of china the servers that produce, store or transmit map data, and take effective measures to ensure the safety of geographic information data. map data and mapping data derived from autopilot technology test and road test shall not be illegally disclosed and shared.

　　the natural resources authority shall, in conjunction with the authorities in charge of industry and information technology, public security and transportation, promote the application of new maps in the field of intelligent networking. the natural resources authority shall actively explore the establishment of a standardized autopilot map supervision platform, strengthen the confidentiality management of autopilot map data, and promote the orderly and healthy development of the autopilot industry.

　　article 36    the natural resources authority shall, in conjunction with the authorities in charge of culture, radio, television and tourism, education, civil affairs, and industry and information technology, strengthen the publicity and education of the awareness of the state territory and enhance the citizens’ awareness of the state territory.

　　the news media shall promote the state territory awareness, and may publicize it through the internet, publications, new media and other forms.

　　primary and secondary schools shall strengthen the education of state territory awareness in combination with relevant courses, and organize students to participate in the publicity and education activities themed with state territory awareness.

　　chapter viii      protection of surveying marks

　　article 37  the municipal and district people’s governments shall take effective measures to strengthen the protection of surveying markers and promote the publicity and education on the protection of surveying marks.

　　the municipal natural resources authority shall, in accordance with relevant regulations, inspect and maintain permanent surveying marks, establish archives of permanent surveying marks in the administrative areas of this municipality, and timely release the distribution information of permanent surveying marks in the whole city.

　　the town people’s governments and sub-district offices shall make efforts to protect the surveying marks within their respective jurisdictions.

　　article 38    the construction contractor of any permanent surveying mark in this municipality shall set obvious marks upon the completion of the construction of permanent surveying marks, and shall, within 30 days, submit the results to the municipal natural resources authority for filing.

　　article 39    this municipality shall implement a classified protection system combining key protection with general protection for surveying marks. the details of protection measures shall be subject to the relevant provisions of the state.

　　permanent surveying marks that constitute the surveying and mapping datum of this municipality shall be included in the scope of key protection.

　　article 40   this municipality implements a system of entrusted safekeeping of surveying marks under key protection. the surveying marks under key protection shall be safekept by the relevant entities or personnel in the places where the surveying marks are set as entrusted by the authorities setting the surveying marks. a letter of entrustment for the safekeeping of the surveying marks shall be signed to specify the rights and obligations of both parties, and the entrusting party shall send a copy of the letter of entrustment to the town people’s government, the sub-district office and the municipal natural resources authority in the place where the surveying marks are set.

　　the measures for entrusted management of surveying marks shall be formulated separately by the municipal natural resources authority.

　　article 41   when carrying out project construction, permanent surveying marks shall be kept off; if unavoidable and the permanent surveying marks established by this municipality need to be demolished or shall be rendered ineffective, the construction contractor shall handle the approval procedures in accordance with the relevant provisions of the regulations of the people’s republic of china on the protection of surveying marks and pay the relocation costs. for removing permanent surveying marks, the construction contractor shall also notify the relevant entities and personnel responsible for safekeeping the surveying marks.

　　when a building with permanent surveying marks needs to be rebuilt or demolished, the municipal natural resources authority shall be notified in advance.

　　chapter ix  legal liability

　　article 42  where an administrative organ and its staff member, in violation of the provisions of these measures, fails to perform its/his/her duties required by law, the competent authority shall order it/him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　article 43   in any of the following circumstances in violation of the provisions of these measures, the violator shall be dealt with in accordance with the relevant provisions of the surveying and mapping law of the people’s republic of china, the bidding law of the people’s republic of china, and the regulations of guangdong province on surveying and mapping:

　　(1)in violation of the provisions of paragraph 1 of article 16 herein, the suerveying and mapping entity engages in surveying and mapping activities without obtaining qualification certificates;

　　(2)in violation of the provisions of paragraph 1 of article 17 herein, the surveying and mapping entity engages in surveying and mapping activities beyond the scope permitted by its qualification at the corresponding grade or allows other entities to engage in surveying and mapping activities in its name;

　　(3)in violation of the provisions of paragraph 2 of article 17 herein, the tenderee of a surveying and mapping project awards of the bid to an entity that does not have the required qualification at the corresponding grade, or allows a surveying and mapping entity to win the bid at a cost lower than the surveying and mapping cost;

　　(4)in violation of the provisions of paragraph 3 of article 17 herein, the surveying and mapping entity winning the bid transfers or subcontracts the surveying and mapping project to others;

　　(5)in violation of the provisions of paragraph 1 of article 21 herein, a foreign organization or individual engages in surveying and mapping activities without approval;

　　(6)in violation of the provisions of paragraph 1 of article 21 herein, the investor of a surveying and mapping project or the entity undertaking the surveying and mapping project fails to submit a copy of surveying and mapping results or the catalogue of surveying and mapping results as required;

　　(7)in violation of the provisions of paragraph 2 of article 22 herein, a surveying and mapping entity delivers or provides surveying and mapping results that have not been inspected or that are found to be below standard;

　　(8)other illegal activities concerning surveying and mapping related geographic information.

　　chapter x   supplementary provisions

　　article 44    these measures shall come into force on october 1, 2022. the measures of guangzhou municipality for surveying and mapping management effective from may 1, 2010 shall be abolished accordingly.