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Regulations on Administration of Maps

Source:NASG    Time:2017-01-20 09:06:00

(Adopted at the 111th Executive Meeting of the State Council on November 11, 2015, promulgated by Decree No. 664 of the State Council of the People’s Republic of China on November 26, 2015, and effective as of January 1, 2016)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Surveying and Mapping Law of the People’s Republic of China, for the purpose of strengthening map administration, safeguarding national sovereignty, security and interests, promoting the sound development of the geoinformation industry, and providing service for economic development, social progress and people’s need.

Article 2 These Regulations apply to the compilation, review and publication of maps for public use, Internet map services, and relevant supervision and inspection activities within the territory of the People’s Republic of China.

Article 3 The principles of safeguarding national sovereignty, ensuring the security of geoinformation, and providing convenience for people’s need shall be adhered to in map-related work.

The provisions of laws and regulations on confidentiality shall be complied with in compilation, review and publication of maps and provision of Internet map services.

Article 4 The competent administration department of the State Council for surveying, mapping and geoinformation is responsible for unified supervision and administration of map-related work nationwide. Other relevant departments of the State Council are responsible for map-related work according to their functions and duties specified by the State Council.

The competent administration departments for surveying, mapping and geoinformation of the local people’s governments at or above the county level are responsible for unified supervision and administration of map-related work within their respective administrative areas. Other relevant departments of the local people’s governments at or above the county level are responsible for map-related work according to their functions and duties specified by the people’s governments at the corresponding level.

Article 5 The people’s governments at all levels and the relevant departments of them and the news media shall promote the publicity and education about the national territory, in order to enhance citizens’ awareness of the national territory.

Education about the national territory shall be included in the syllabuses of primary and middle schools.

Citizens, legal persons and other organizations shall use the maps where the national territory is correctly drawn.

Article 6 The State encourages compilation and publication of various types of map products in conformity with the standards and the provisions, supports scientific and technological innovation and industrial development of geoinformation, accelerates restructuring, optimization and upgrading of the geoinformation industry, and promotes in-depth application of geoinformation.

The people’s governments at or above the county level shall establish a sound mechanism for joint development and sharing of geoinformation resources among government departments.

The competent administration departments for surveying, mapping and geoinformation of the people’s governments at or above the county level shall take effective measures to collect, process and update the basic geoinformation data in a timely manner, and provide the public with geoinformation services through public geoinformation service platforms, so that the public can have access to and share geoinformation data.

Chapter II Map Compilation

Article 7 A unit engaged in map compilation shall obtain an appropriate qualification certificate for surveying and mapping in accordance with law, and shall carry out map compilation within the scope permitted by the qualification grade.

Article 8 In map compilation, the national standards for map compilation shall be met, and the provisions of the State on presentation of the map content shall be complied with.

A map shall not present the following content, which:

(1) jeopardizes national unity, sovereignty and territorial integrity;

(2) jeopardizes national security, or impairs national honor and interests;

(3) involves State secrets;

(4) affects ethnic unity, or infringes on the customs and habits of ethnic groups; or

(5) as otherwise specified by laws and regulations, is not allowed to be presented.

Article 9 In map compilation, the map data to be used shall be the latest and shall be supplemented or updated in a timely manner, the geospatial locations, shapes, names and interrelationships of all the elements shall be correctly reflected, and the content shall fulfill the aim of use of the map.

The territory of the People’s Republic of China shall completely be presented in the compilation of world maps and national maps that involve the national boundaries of the People’s Republic of China.

Article 10 The following provisions shall be observed in the drawing on maps of the national boundaries of the People’s Republic of China, the historical boundaries of China, the boundaries between countries of the world, and the historical boundaries between countries of the world:

(1) the national boundaries of the People’s Republic of China shall be drawn according to the standard sample map of the national boundaries of China;

(2) the historical boundaries of China shall, based on the relevant historical data, be drawn according to actual historical boundaries;

(3) the boundaries between countries of the world shall be drawn according to the reference sample map of boundaries between countries of the world;

(4) the historical boundaries between countries of the world shall, based on the relevant historical data, be drawn according to actual historical boundaries.

The standard sample map of the national boundaries of China and the reference sample map of boundaries between countries of the world shall be drafted by the Ministry of Foreign Affairs and the competent administration department of the State Council for surveying, mapping and geoinformation, and shall be issued after approval by the State Council.

Article 11 The standard map of the boundaries between the administrative areas, the maps of the administrative areas of the special administrative regions issued after approval by the State Council and other relevant provisions of the State shall be complied with in the drawing on maps of the boundaries or scopes of the administrative areas of China at or above the county level.

The standard map of the boundaries between the administrative areas shall be drafted by the civil affairs department of the State Council and the competent administration department of the State Council for surveying, mapping and geoinformation, and shall be issued after approval by the State Council.

Article 12 The important geoinformation data to be given in maps shall be such as are issued in accordance with law.

Article 13 Where the surveying and mapping results involving State secrets are to be used in compilation of maps, such results shall, in accordance with law, be the ones that have undergone confidentiality processing conducted by the competent administration department of the State Council for surveying, mapping and geoinformation, or by the competent administration departments for surveying, mapping and geoinformation of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 14 The competent administration departments for surveying, mapping and geoinformation of the people’s governments at or above the county level shall provide maps for public service free of charge.

The competent administration departments for surveying, mapping and geoinformation of the people’s governments at or above the county level shall, in a timely manner, organize the collection of changes in map-related information, such as in administrative division, place names, transportation network, river systems, vegetation, public facilities and residential areas, in order to regularly update maps for public service. The departments and units concerned shall provide the relevant updated data in a timely manner.

Chapter III Map Review

Article 15 The State implements a map review system.

Maps to be issued for public use shall be submitted for review to the competent administration departments for surveying, mapping and geoinformation that are authorized with the power of review, except for maps of scenic spots, streets and subway routes and other simple maps.

No fees shall be charged for map review.

Article 16 Maps to be published shall be submitted by publishers for review; maps to be displayed or carried as non-publications shall be submitted by exhibitors or publishers for review; maps as non-publications or products containing map graphics to be imported shall be submitted by importers for review; maps as publications to be imported shall be handled in accordance with the relevant provisions of the Regulations on Publication Administration; maps as non-publications or products containing map graphics to be exported shall be submitted by exporters for review; products containing map graphics to be produced shall be submitted by producers for review.

The following material shall be submitted for review:

(1) an application form for map review;

(2) the sample of the map or product that needs to be reviewed; and

(3) the qualification certificate for surveying and mapping of the unit engaged in map compilation.

An importer of maps as non-publications or products containing map graphics is only required to submit the material specified in subparagraphs (1) and (2) of the preceding paragraph. Where maps are to be compiled by using surveying and mapping results which involve State secrets, the user shall, in addition, submit the certificate of confidentiality processing.

Article 17 The competent administration department of the State Council for surveying, mapping and geoinformation is responsible for reviewing the following maps:

(1) maps of China, and maps that mainly show the administrative areas of two or more provinces, autonomous regions, or municipalities directly under the Central Government;

(2) maps of the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region;

(3) world maps, and maps that mainly show the areas of foreign countries; and

(4) historical maps.

Article 18 The competent administration departments for surveying, mapping and geoinformation of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government are responsible for reviewing maps that mainly show the regions within the scopes of their respective administrative areas. Among these, maps that mainly show the administrative areas within the scopes of the cities divided into districts and that do not involve national boundaries shall be reviewed by the competent administration departments for surveying, mapping and geoinformation of the people’s governments at the level of a city divided into districts.

Article 19 The competent administration departments for surveying, mapping and geoinformation that are authorized with the power of review shall make a decision after review within 20 working days as of the date of acceptance of an application for map review.

For maps to be used for publicity of current events and maps to be inserted in or appended to books, newspapers or periodicals requiring timely effectiveness, a decision after review shall be made within 7 working days as of the date of acceptance of an application for map review.

Maps needed for emergency response and other special situations shall be reviewed promptly upon submission.

Article 20 Maps involving professional content shall be reviewed according to the criteria set by the competent administration department of the State Council for surveying, mapping and geoinformation jointly with the relevant departments. Where there are no clear and definite criteria to go by, the competent administration departments for surveying, mapping and geoinformation that are authorized with the power of review shall consult the relevant departments, which shall feed back their comments and suggestions within 20 working days as of the date of receipt of the written request for consultation. The time for consultation is not included in the time limit for map review.

Where there are no clear and definite criteria for review of world maps, historical maps, or maps for publicity of current events, such maps shall be reviewed by the competent administration department of the State Council for surveying, mapping and geoinformation in consultation with the Ministry of Foreign Affairs.

Article 21 For maps submitted for review that meet the following requirements, the competent administration department for surveying, mapping and geoinformation that is authorized with the power of review shall issue an approval document affixed with a map review number:

(1) that meet the national standards for map compilation, and completely present the territory of the People’s Republic of China;

(2) that conform to the provisions of the State on presentation of the map content in terms of the national boundaries, borders, historical boundaries, boundaries or scopes of administrative areas, important geoinformation data, and place names; and

(3) that are free from any content not allowed to be presented on maps.

The approval documents issued after map review and the map review numbers shall, in a timely manner, be published on the websites of the competent administration departments for surveying, mapping and geoinformation that are authorized with the power of review, or through other news media.

Article 22 For maps approved after review, the map review number shall clearly be marked at a proper place of such maps or products containing map graphics. Among these, for maps as publications, the said number shall be marked on the copyright page.

Article 23 Review of the maps to be used for teaching in primary and secondary schools nationwide shall be arranged by the education administration department of the State Council jointly with the competent administration department of the State Council for surveying, mapping and geoinformation and the Ministry of Foreign Affairs; review of the maps to be used for teaching in primary and secondary schools in localities shall be arranged by the education administration departments of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government jointly with the competent administration departments for surveying, mapping and geoinformation of the said people’s governments.

Article 24 No unit or individual shall publish, display, carry, sell, import or export maps that do not meet the relevant standards or provisions of the State, or carry, mail or deliver such maps into or out of the territory of China.

Importers and exporters of maps shall submit the approval documents issued after map review and the map review numbers to the customs.

Article 25 An applicant for review of maps shall, in accordance with the relevant provisions, send samples of the maps, for which approval has been granted upon review, to the competent administration department for surveying, mapping and geoinformation that is authorized with the power of review, free of charge.

Chapter IV Map Publishing

Article 26 The competent publication administration departments of the people’s governments at or above the county level shall strengthen supervision and administration of map publishing, and shall investigate into and deal with illegal map publishing in accordance with law.

Article 27 To engage in map publishing, a publisher shall be subject to review by and approval of the competent publication administration department of the State Council with respect to its scope of business, and shall go through the review and approval formalities in accordance with the relevant provisions of the Regulations on Publication Administration.

Article 28 A publisher may, in light of need, insert in or append to its publications the maps approved after review.

Article 29 No publisher shall publish maps for teaching in primary or secondary schools, for which no approval has been obtained.

Article 30 A publisher shall, in accordance with the relevant provisions of the State, send samples of the published maps free of charge to the National Library of China, the China Archives of Publications and the competent publication administration department of the State Council.

Article 31 Map copyrights shall be protected in accordance with the provisions of laws and regulations on copyright.

Chapter V Internet Map Services

Article 32 The State encourages and supports the providers of Internet map services to carry out development, application and value-added services in the field of geoinformation.

The people’s governments at or above the county level shall strengthen policy-oriented support for and supervision and administration of the Internet map service industry.

Article 33 To provide the public with services such as geospatial positioning, geoinformation uploading and labeling, and map database development, a provider of Internet map services shall obtain the necessary qualification certificate for surveying and mapping in accordance with law.

To engage in Internet map publishing, a provider of Internet map services shall be subject to review by and approval of the competent publication administration department of the State Council in accordance with law.

Article 34 A provider of Internet map services shall place its map data servers within the territory of the People’s Republic of China, and shall establish the management system and introduce safeguard measures for the security of Internet map data.

The competent administration departments for surveying, mapping and geoinformation of the people’s governments at or above the county level shall, jointly with the relevant departments, strengthen supervision and administration of the security of Internet map data.

Article 35 To collect and use personal information of users, a provider of Internet map services shall expressly indicate its purpose, manner and scope of collecting and using such information, and shall obtain consent of the users.

A provider of Internet map services that needs to collect and use personal information of users shall make public the rules for collection and use of such information, and it shall not disclose, tamper with or sell such information or illegally provide the same to others.

A provider of Internet map services shall take technical and other necessary measures to prevent leakage and missing of the personal information of users.

Article 36 No content that is not allowed to be presented on maps in accordance with the relevant provisions of the State shall be stored or recorded in the map database and other databases which a provider of Internet map services uses in such services. When a provider of Internet map services finds that the map data its website is transmitting contain content that is not allowed to be presented, it shall immediately cease the transmission, keep the relevant records, and report the matter to the competent administration department for surveying, mapping and geoinformation, the competent publication administration department, the competent department for network security and information technology and other relevant departments of the people’s government at or above the county level.

Article 37 No unit or individual shall, through the Internet, upload or label any content that is not allowed to be presented on maps in accordance with the relevant provisions of the State.

Article 38 A provider of Internet map services shall use maps that have been reviewed and approved in accordance with law, and strictly verify newly added content of the Internet maps, and it shall, in accordance with the relevant provisions of the State, file such content with the competent administration department of the State Council for surveying, mapping and geoinformation or the competent administration department for surveying, mapping and geoinformation of the province, autonomous region, or municipality directly under the Central Government.

Article 39 A provider of Internet map services shall keep confidential the information involving State secrets or business secrets acquired in the course of its work.

Article 40 Providers of Internet map services shall strengthen self-regulation of the industry, promote the development of a credit system of the industry, and improve their service quality.

Article 41 The provisions of this Chapter are applicable to the provision of Internet map services; where there are no provisions in this Chapter to go by, the other relevant provisions in these Regulations shall apply.

Chapter VI Supervision and Inspection

Article 42 The people’s governments at or above the county level and their relevant departments shall, in accordance with law, strengthen supervision and inspection of such activities as map compilation, publishing, display, carrying, production, sales, import and export.

Article 43 To conduct supervision and inspection in accordance with law, the competent administration departments for surveying, mapping and geoinformation, the competent publication administration departments, and other relevant departments of the people’s governments at or above the county level shall have the power to take the following measures:

(1) conducting on-site inspection at the places suspected of illegal activities involving maps;

(2) consulting and duplicating the relevant material, such as contracts, bills and account books; and

(3) sealing up or impounding suspected illegal maps and products containing map graphics, as well as the equipment, tools and raw materials used in illegal activities involving maps.

Article 44 The competent administration department of the State Council for surveying, mapping and geoinformation, and the competent publication administration department of the State Council, shall establish a sound information system for map supervision and administration to facilitate the sharing of information resources for the convenience of public inquiry.

Article 45 The competent administration departments for surveying, mapping and geoinformation of the people’s governments at or above the county level shall strengthen supervision and administration of map quality in conformity with the relevant national standards and technical specifications.

A unit engaged in map compilation, publishing, display, carrying, production, sales, import or export shall establish a sound accountability system for map quality, and shall take effective measures to ensure the quality of maps.

Article 46 All units and individuals have the right to report illegal activities involving maps.

Upon receipt of such report, the people’s government or the relevant department shall, in accordance with law, investigate and handle the case in a timely manner, and shall keep the informant confidential.

Chapter VII Legal Liability

Article 47 Where a people’s government at or above the county level or its relevant department, in violation of these Regulations, commits one of the following acts, the competent authority or the supervision authority shall order it to make corrections; if the circumstances are serious, a sanction shall be imposed in accordance with law on the person in charge with competent accountability and other persons with competent accountability; if such person commits a crime, he shall be investigated for criminal liability in accordance with law:

(1) failing to make a decision on an administrative license or to handle an approval document in accordance with law;

(2) failing to investigate and deal with the illegal activities upon discovery or receipt of a report on such activities; or

(3) failing to perform other duties in accordance with the provisions of these Regulations.

Article 48 Where, in violation of these Regulations, an entity compiles maps or provides Internet map services without a qualification certificate for surveying and mapping, or beyond the scope permitted by the qualification grade for surveying and mapping, it shall be punished in accordance with the relevant provisions of the Surveying and Mapping Law of the People’s Republic of China.

Article 49 Where, in violation of these Regulations, an entity fails to submit maps or products containing map graphics for review as required, it shall be ordered to make corrections and given a warning, the illegal maps or products containing map graphics shall be confiscated, and a fine of not more than 100,000 yuan may be imposed; the illegal income, if any, shall be confiscated; if a crime is committed, criminal liability shall be investigated for in accordance with law.

Article 50 Where, in violation of these Regulations, maps that are not required to undergo review do not meet the relevant standards or provisions of the State, the entity concerned shall be ordered to make corrections and given a warning, the illegal maps or products containing map graphics shall be confiscated, and a fine of not more than 100,000 yuan may be imposed; the illegal income, if any, shall be confiscated; if the circumstances are serious, the case may be made known to the public; if a crime is committed, criminal liability shall be investigated for in accordance with law.

Article 51 Where, in violation of these Regulations, maps that do not meet the relevant standards or provisions of the State, as concluded by review, are made public without making any revisions as required, the entity concerned shall be ordered to make corrections and given a warning, the illegal maps or products containing map graphics shall be confiscated, and a fine of not more than 100,000 yuan may be imposed; the illegal income, if any, shall be confiscated; if the circumstances are serious, such entity shall be ordered to suspend operation for rectification, its qualification shall be downgraded or its qualification certificate for surveying and mapping shall be revoked, and the case may be made known to the public; if a crime is committed, criminal liability shall be investigated for in accordance with law.

Article 52 Where, in violation of these Regulations, an entity practices fraud or fabricates the application material in order to obtain an approval document issued after map review, or forges an approval document or map review number or uses another entity’s document or number, it shall be ordered to cease the illegal activities and given a warning, the illegal maps or products containing map graphics shall be confiscated, and a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed concurrently; the illegal income, if any, shall be confiscated; if the circumstances are serious, such entity shall be ordered to suspend operation for rectification, its qualification shall be downgraded or its qualification certificate for surveying and mapping shall be revoked; if a crime is committed, criminal liability shall be investigated for in accordance with law.

Article 53 Where, in violation of these Regulations, an entity fails to clearly mark the map review number at a proper place of maps, or fails to send samples in accordance with the relevant provisions, it shall be ordered to make corrections and given a warning; if the circumstances are serious, it shall be ordered to suspend operation for rectification, its qualification shall be downgraded or its qualification certificate for surveying and mapping shall be revoked.

Article 54 Where, in violation of these Regulations, a provider of Internet map services uses maps that are not reviewed and approved in accordance with law, or fails to verify the newly added content of the Internet maps, it shall be ordered to make corrections and given a warning, and a fine of not more than 200,000 yuan may be imposed; the illegal income, if any, shall be confiscated; if the circumstances are serious, it shall be ordered to suspend operation for rectification, its qualification shall be downgraded or its qualification certificate for surveying and mapping shall be revoked; if a crime is committed, criminal liability shall be investigated for in accordance with law.

Article 55 Where, in violation of these Regulations, a person or entity uploads or labels through the Internet the content that is not allowed to be presented on maps in accordance with the relevant provisions of the State, he or it shall be ordered to make corrections and given a warning, and a fine of not more than 100,000 yuan may be imposed; if a crime is committed, criminal liability shall be investigated for in accordance with law.

Article 56 The administrative penalties, including downgrading of qualification and revoking of the qualification certificates for surveying and mapping, as provided in these Regulations, shall be decided on by the departments that issue such qualification certificates, while the other administrative penalties shall be decided on by the competent administration departments for surveying, mapping and geoinformation of the people’s governments at or above the county level.

Chapter VIII Supplementary Provisions

Article 57 Maps compiled by the military units and marine maps shall be administered as prescribed by the State Council and the Central Military Commission.

Article 58 These Regulations shall be effective as of January 1, 2016. The Regulations of the People’s Republic of China on the Administration of Drawing and Publishing Maps, promulgated by the State Council on July 10, 1995, shall be repealed simultaneously.

(In case of any divergence in interpretation, the Chinese version shall prevail.)

 

 

 

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