Standing Committee of the National People’s Congress of the People’s Republic of China
Order of the President of the People’s Republic of China
No.75
The Surveying and Mapping Law of the People’s Republic of China was amended and adopted at the 29th Meeting of the Standing Committee
of the Ninth National People’s Congress of the People’s Republic of China on August 29, 2002, the amended Surveying and Mapping Law
of the People’s Republic of China is hereby promulgated and shall come into force on December 1, 2002.
Jiang Zemin, President of the People’s Republic of China
August 29, 2002
Surveying and Mapping Law of the People’s Republic of China ContentsChapter 1 General Provisions
Chapter 2 Surveying and Mapping Benchmark and Systems
Chapter 3 Basic Surveying and Mapping
Chapter 4 Borderline Surveying and Mapping and Other Surveying and Mapping
Chapter 5 Qualification and Competency of Surveying and Mapping
Chapter 6 Achievement of Surveying and Mapping
Chapter 7 Protection of Surveying Markers
Chapter 8 Legal Responsibilities
Chapter 9 Supplementary Provisions
Chapter 1 General Provisions
Article 1
This Law is formulated for the purpose of strengthening the administration of surveying and mapping, promoting the development
of the undertaking of surveying and mapping and ensuring the service thereof to the national economic construction, the building-up
of national defense, and the social development.
Article 2
All surveying and mapping activities conducted in the domain of People’s Republic of China and other sea areas under the jurisdiction
of the People’s Republic of China shall comply with this Law.
The “surveying and mapping” as used in this Law shall refer to the surveying, collection and presentation of the shape, size, spatial
location and properties of the natural geographic factors or the man-made facilities on the surface, as well as the activities for
processing and providing of the obtained data, information and achievements.
Article 3
The undertaking of surveying and mapping is fundamental to the economic construction, the building-up of national defense and the
social development. The people’s governments at all levels shall strengthen the leadership over the work of surveying and mapping.
Article 4
The competent administrative department of surveying and mapping under the State Council shall be in charge of the unified supervision
and administration of the surveying and mapping work throughout the country. Other relevant departments under the State Council shall
be responsible for the management of surveying and mapping work related to them according to the division of functions and responsibilities
assigned to them by the State Council.
The administrative departments responsible for the management on surveying and mapping work under the local people’s governments
at or above the county level (hereinafter refer to competent administrative department of surveying and mapping) l shall be responsible
for unified supervision and management on the surveying and mapping work within their respective administrative regions. Other relevant
departments of the local people’s governments at or above the county level shall be responsible for the management of surveying and
mapping work related to them according to the division of functions and responsibilities assigned to them by the people’s governments
at the corresponding level.
The competent department of surveying and mapping in the armed forces shall be responsible for the management of surveying and mapping
work of military departments, and shall, according to the division of the functions and responsibilities assigned to it by the State
Council and the Central Military Commission, be responsible for the management of basic marine surveying and charting work.
Article 5
Those conducting surveying and mapping shall make use of the surveying and mapping benchmark and systems prescribed by the State
and execute the technical norms and standards of surveying and mapping prescribed by the state.
Article 6
The state shall encourage the innovation and advancement in science and technology of surveying and mapping , and the adoption of
advanced technology and equipment so as to improve the level of surveying and mapping.
Entities and individuals that have made significant contributions to the advancement on science and technology of surveying and mapping
shall be awarded in accordance with the relevant provisions of the state.
Article 7
A foreign organization or individual that conducts surveying and mapping in the domain of the People’s Republic of China and other
sea areas under the jurisdiction of the People’s Republic of China must be subject to the approval of the competent administrative
department of surveying and mapping under the State Council jointly with the competent department of surveying and mapping in the
armed forces, and must abide by the relevant laws and regulations of the People’s Republic of China.
A foreign organization or individual that conducts surveying and mapping in the domain of the People’s Republic of China must take
the form of joint venture or cooperation with the relevant departments or entities of the People’s Republic of China, and may not
deal with any state secret and harm the state security.
Chapter 2 Surveying and Mapping Benchmark and Systems
Article 8
The State shall establish and adopt the nationwide unified geodetic benchmark , vertical benchmark , depth benchmark and gravimetric
benchmark , and the data thereof shall be examined and verified by the administrative department of surveying and mapping under the
State Council and, after consultation with other relevant departments under the State Council and the competent department of surveying
and mapping in the armed forces, shall be submitted to the State Council for approval.
Article 9
The State shall establish a nationwide unified geodetic coordinates system, plane coordinates system, vertical system, geocentric
coordinates system and gravimetric survey system, and define the grade and precision of the national geodetic survey, as well as
the national basic scale map series and their basic precision. Specific norms and requirements shall be formulated by the competent
administrative department of surveying and mapping under the State Council after consultation with other relevant departments under
the State Council and the competent department of surveying and mapping in the armed forces.
Under the circumstances that the state security shall not be disturbed, the adoption of international coordinates systems where it
is really necessary must be subject to the approval of the competent administrative department of surveying and mapping under the
State Council jointly with the competent department of surveying and mapping in the armed forces.
Article 10
Where the large cities and major engineering projects of the state do need to establish relatively independent plane coordinates
systems for the needs of construction, urban planning and scientific research, the establishment shall be subject to the approval
of competent administrative department of surveying and mapping under the State Council; and other establishment of relatively independent
plane coordinates systems where it is really necessary shall be subject to the approval of the competent administrative department
of surveying and mapping of the people’s government of the relevant province, autonomous region or municipality directly under the
Central Government.
The relatively independent plane coordinate systems established shall be connected with the state coordinate systems.
Chapter 3 Basic Surveying and Mapping
Article 11
Basic surveying and mapping is a public welfare undertaking. The state shall administer the basic surveying and mapping on a classified
grade basis.
The “basic surveying and mapping” as used in this Law shall refer to establishing nationwide unified surveying and mapping benchmark
and systems, conducting basic aerial photography, obtaining remote sense materials of basic geographic information, mapping and updating
national basic scale maps, image maps and digital products; and establishing and updating the basic geographic information systems.
Article 12
The competent administrative department of surveying and mapping under the State Council shall, jointly with other relevant departments
under the State Council and the competent department of surveying and mapping in the armed forces, draw up the plan for national
basic surveying and mapping, submit the plan to the State Council and take charge of the implementation after approval.
The competent administrative departments of surveying and mapping of the local people’s governments at or above the county level shall,
jointly with other relevant departments of the people’s governments at the corresponding level, take charge of the drawing-up of
the plans for basic surveying and mapping of their respective administrative regions on the basis of the plans for basic surveying
and mapping of the state and the people’s governments at the next higher level and in light of the actual situation of their respective
administrative regions, and shall submit such plans to the people’s governments at the corresponding level for approval and take
charge of implementation after submitting them to the competent administrative departments of surveying and mapping at the next higher
level for record. .
Article 13
The competent department of surveying and mapping in the armed forces shall draw up the plans for military surveying and mapping,
draw up plans for the basic marine surveying and charting according to the division of functions and responsibilities assigned
to it by the State Council and the Central Military Commission, and shall take charge of their implementation.
Article 14
The people’s governments at or above the county level shall put the basic surveying and mapping into their annual plans and financial
budgets of national economic and social development at the corresponding level.
The competent department of development planning under the State Council shall, jointly with the competent administrative department
of surveying and mapping under the State Council, draw up the annual plan for national basic surveying and mapping on the basis of
the plan for national basic surveying and mapping.
The competent departments of development planning of the local people’s governments at or above the county level shall, jointly with
the competent administrative department of surveying and mapping at the corresponding level, draw up the annual plans for basic surveying
and mapping of their respective administrative regions on the basis of the plans for basic surveying and mapping of their respective
administrative regions, and shall submit such annual plans to the respective competent departments for record.
The state shall give financial support to the basic surveying and mapping of the remote areas and the areas of minor nationalities.
Article 15
The results of basic surveying and mapping shall be updated periodically, and those urgently needed in the construction of national
economy, national defense and social development shall be updated timely
The updating period of basic surveying and mapping results shall be determined according to the needs of national economic and social
development of different areas.
Chapter 4 Borderline Surveying and Mapping and Other Surveying and Mapping
Article 16
Surveying and mapping of national boundaries of the People’s Republic of China shall be carried out in accordance with the boundary
treaties or agreements signed by the People’s Republic of China with the adjacent nations. Standard sample maps of the national
boundaries of the map of People’s Republic of China shall be drafted by the Ministry of Foreign Affairs and the competent administrative
department of surveying and mapping under the State Council, and be submitted to the State Council for approval and promulgate it
after approval..
Article 17
Surveying and mapping of administrative regions boundaries shall be carried out in accordance with the relevant provisions of the
State Council. The standard drawings of administrative regions boundaries between provinces, autonomous regions and municipalities
directly under the Central Government, and between autonomous prefectures, counties, autonomous counties and city districts shall
be drafted by the department of civil affairs under the State Council jointly with the competent administrative department of surveying
and mapping under the State Council, and be submitted to the State Council for approval and promulgate it after approval..
Article 18
The competent administrative department of surveying and mapping under the State Council shall, jointly with the competent administrative
department of land under the State Council, draw up the plan for national cadastre surveying and mapping. The competent administrative
departments of surveying and mapping of the local people’s governments at or above the county level shall, jointly with the competent
administrative departments of land at the corresponding level, draw up the plans for cadastre surveying and mapping of their respective
administrative regions.
The competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall,
on the basis of the plans for cadastre surveying and mapping, take charge of the organization and administration of cadastre surveying
and mapping.
Article 19
Surveying and mapping of the ownership boundary location lines of lands, buildings, structures and other aboveground objects attached
to the land shall be conducted in accordance with the ownership boundary location points and ownership boundary location lines determined
by the local people’s governments at or above the county level or by the relevant registration data and attached maps provided by
such governments. In case of alteration of the ownership boundary location lines, the parties concerned shall make the surveying
and mapping of alteration timely.
Article 20
For the engineering surveying activity of urban construction areas, and the surveying of the house area related to the property right
or property owner of the house, the technical norms of surveying organized and drawn up by the competent administrative department
of construction under the State Council and the competent administrative department of surveying and mapping under the State Council
shall be executed.
The engineering surveying activity in water conservancy, energy, traffic, communication, resource development and other areas shall
be carried out pursuant to the relevant technical norms of engineering surveying of the state.
Article 21
Establishment of geographic information systems must make use of the basic geographic information data that meet the state standards
Chapter 5 Qualification and Competency for Surveying and Mapping
Article 22
The state shall adopt the system of administration of surveying and mapping qualification to the entities conducting surveying and
mapping.
Entities conducting surveying and mapping shall possess the following conditions, and shall obtain the certificates of surveying and
mapping qualification of the corresponding grade before conducting any surveying and mapping:
(1)
Having the professional technical personnel compatible with the conduction of surveying and mapping;
(2)
Having the technical equipment and facilities compatible with the conduction of surveying and mapping;
(3)
Having a sound technique, quality guarantee system and the management system for surveying and mapping results and the materials
and archives;
(4)
Having other conditions ruled by the competent administrative department of surveying and mapping; under the State Council.
Article 23
The competent administrative department of surveying and mapping under the State Council and the competent administrative departments
of surveying and mapping of the people’s governments of the provinces, autonomous regions, municipalities directly under the Central
Government shall, according to their respective functions and responsibilities, be in charge of the examination of the qualification
for surveying and mapping and the issuance of the qualification certificates. The specific measures shall be provided for by the
competent administrative department of surveying and mapping under the State Council after consultation with other relevant departments
under the State Council.
The competent department of surveying and mapping in the armed forces shall be responsible for the examination of the qualification
for surveying and mapping of the military entities.
Article 24
A surveying and mapping entity may not conduct surveying and mapping beyond the scope of its qualification grade or conduct surveying
and mapping in the name of other surveying and mapping entities, neither may it allow other entities to conduct surveying and mapping
in its name.
In the contracting of a surveying and mapping project, the contract-issuing entity may not give the contract to an entity without
the corresponding surveying and mapping qualification grade or force the surveying and mapping entity to contract the project with
the contracting fee lower than the cost.
The surveying and mapping entity may not sub-contract the surveying and mapping project it contracted.
Article 25
The professional technical personnel conducting surveying and mapping shall have the corresponding condition of practice qualification,
the specific measures shall be prescribed by the competent administrative department of surveying and mapping under the State Council
jointly with the competent administrative department of personnel under the State Council.
Article 26
Surveying and mapping personnel shall conduct surveying and mapping work with surveying and mapping work certificates.
No entity or individual may impede or obstruct the surveying and mapping conducted by surveying and mapping personnel in accordance
with the law.
Article 27
The format of the certificate of qualification of surveying and mapping entity, the practice certificate of professional surveying
and mapping technical personnel and the surveying and mapping work certificates of the surveying and mapping personnel shall be uniformly
prescribed by the competent administrative department of surveying and mapping under the State Council.
Chapter 6 Achievement of Surveying and Mapping
Article 28
The state shall adopt the system of collection and submission of surveying and mapping achievement.
After a surveying and mapping project is finished, the sponsor of the project or the entity undertaking the project with state investment
shall collect and submit the surveying and mapping achievement and materials to the competent administrative department of surveying
and mapping under the State Council or the competent administrative department of surveying and mapping of the people’s government
of the relevant province, autonomous regions, or municipality directly under the Central Government. If a project of surveying
and mapping belong to basic one, the counterparts of the surveying and mapping achievement shall be collected and submitted; If
a project of surveying and mapping belongs to non-basic one, the catalog of surveying and mapping achievement shall be collected
and submitted. The competent administrative department of surveying and mapping in charge of acceptance of the counterparts and
catalogs of surveying and mapping achievement shall issue the proof of collection and submission of the achievement, and shall
transfer the counterparts and catalogs to the depository units . The State Council shall formulate the specific measures for the
collection and submission of surveying and mapping achievement .
The competent administrative department of surveying and mapping under the State Council or the competent administrative departments
of surveying and mapping of the people’s governments of the provinces, autonomous regions, or municipalities directly under the
Central Government shall periodically compile the catalogs of surveying and mapping achievement and promulgate them to the public.
Article 29
The depository units of surveying and mapping achievement shall take measures to ensure the completeness and safety of the surveying
and mapping achievement , and shall publicize and provide the achievement to the public pursuant to the relevant provisions of the
state.
Where the surveying and mapping achievements belong to state secrets, the provisions of the laws and regulations of the state on
secrecy shall be applied; if such achievements need to be provided to foreign organizations or individuals, the examination and
approval procedures prescribed by the State Council and the Central Military Commission shall be followed.
Article 30
With respect to the surveying and mapping projects financed by the finance fund and the construction engineering surveying and mapping
projects financed by the finance fund, the relevant departments shall seek opinions from the competent administrative departments
of surveying and mapping of the people’s governments at the corresponding level before approving the establishment of the project,
if there are suitable surveying and mapping achievements , the existing achievements shall be fully utilized and shall avoid
the repeated surveying and mapping
Article 31
The achievements of basic surveying and mapping and other surveying and mapping achievements achieved by state investment that
are used in decision-making of the state or in public welfare undertakings shall be provided gratuitously.
Except those prescribed in the preceding paragraph , the system of compensated use shall be applied according to law.,; but such
achievement may be used gratuitously for the needs of public interests of the governments and the relevant departments and armed
forces due to the prevention and mitigation of disasters, and the construction of national defense, etc.
The State Council shall formulate the specific measures for the use of surveying and mapping achievement.
Article 32
The significant geographic information and data concerning the positions, elevations, depths, areas and lengths in the domain of
the People’s Republic of China and other sea areas under the jurisdiction of the People’s Republic of China shall be examined and
verified by the competent administrative department of surveying and mapping under the State Council , and 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 promulgated by the State Council or by the department authorized thereby.
Article 33
The people’s governments at all levels shall strengthen the administration of the compiling, printing, publication, and publishing
of maps, to guarantee the quality of the maps and to safeguard the sovereignty, security and interests of the state. The specific
measures shall be formulated by the State Council .
The people’s governments at all levels shall strengthen the propaganda and education on consciousness of the state territory, and
increase the . civic consciousness of the state territory.
Article 34
Surveying and mapping entities shall be responsible for the quality of the surveying and mapping achievements finished by them. The
competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall strengthen
the supervision and administration of the quality of surveying and mapping achievements .
Chapter 7 Protection of Surveying Markers
Article 35
No entity or individual may damage, destroy, or remove without authorization the permanent surveying markers as well as the temporary
surveying markers still in use, or seize or occupy the land used for permanent surveying markers, or conduct any activity which endangers
the safety and utilization efficiency of the surveying marker within the security control area of a permanent surveying marker.
The permanent surveying markers as used in this Law refer to the wooden or steel target mark and stone markers for triangulation
points, baseline points, lead points, military control points, gravimetric points, astronomic points, leveling points and satellite
location points of various grads , as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement,
and installations at seabed geodetic points.
Article 36
An entity that establishes permanent surveying markers shall set up distinct signs for such markers, and shall entrust an appropriate
local entity with the designation of personnel to take care of such surveying markers
Article 37
A construction entity shall, when carrying out engineering construction, seek to avoid permanent surveying markers; if it is absolutely
impossible to avoid such markers and necessary to have them removed or lost efficiency, the construction entity shall get the approval
from the competent administrative department of surveying and mapping under the State Council or from the competent administrative
department of surveying and mapping of the people’s government of the relevant province, autonomous region or municipality directly
under the Central Government; where military control points are involved, the consent of the competent department of surveying and
mapping in the armed forces shall be obtained. The construction entity shall bear the expenses for the removal and reestablishment
of such markers.
Article 38
The personnel of surveying and mapping that make use of permanent surveying markers shall have their surveying and mapping work
certificates, and ensure the surveying markers remain in good condition.
The personnel taking care of the surveying markers shall inspect and examine the perfection situation of the markers after employment.
Article 39
The people’s governments at or above the county level shall take effective measures to strengthen the protection of surveying markers.
The competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall
check and maintain the permanent surveying markers according to the provisions.
The people’s governments at the township level shall responsible for the protection of surveying markers within their respective
administrative regions.
Chapter 8 Legal Responsibilities
Article 40
Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and
may be imposed on a fine of less than 100,000 yuan concurrently; the directly responsible personnel in charge and other directly
responsible personnel shall be given administrative punish in accordance with the law:
(1)
Establishing relatively independent plane coordinates systems without approval;
(2)
Employing the basic geographic information data that don’t meet the state standards in the establishment of geographic information
systems.
Article 41
Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and
may be imposed on a fine of less than 100,000 yuan concurrently; where a crime has been constituted, the criminal liabilities shall
be imposed ; where the circumstances are not serious enough for criminal punishment, the directly responsible personnel in charge
and other directly responsible personnel shall be given administrative punish in accordance with the law:
(1)
Employing international coordinates systems in surveying and mapping without approval;
(2)
Releasing important geographic information data of the domain of the People’s Republic of China and other sea areas under the jurisdiction
of the People’s Republic of China without authorization.
Article 42
Whoever, in violation of this Law, conducts surveying and mapping activity without the certificate of qualification for surveying
and mapping and permission shall be ordered to stop the illegal act, the illegal gains and the surveying and mapping achievements
shall be confiscated, and a fine of more than 1 time but less than 2 times of the agreed remuneration for surveying and mapping shall
be imposed.
For those obtaining the certificate of qualification for surveying and mapping by deceitful means to conduct surveying and mapping
activity, their qualification certificates shall be revoked, the illegal gains and the surveying and mapping achievements shall be
confiscated, and a fine of more than 1 time but less than 2 times of the agreed remuneration for surveying and mapping shall be imposed,
.
Article 43
Any surveying and mapping entity that, in violation of this Law, commits any of the following acts shall be ordered to stop the illegal
act, the illegal gains and surveying and mapping achievements shall be confiscated, a fine of more than 1 time but less than 2 times
of the agreed remuneration for surveying and mapping shall be imposed on that entity, and the entity may be ordered to stop business
for rectification or its qualification grade may be lowered; where the circumstances are serious, its certificate of qualification
for surveying and mapping shall be revoked:
(1)
Conducting surveying and mapping activity beyond the permitted scope the qualification grade;
(2)
Conducting surveying and mapping activity in the name of other surveying and mapping entities;
(3)
Allowing other entities to conduct surveying and mapping activities in its name.
Article 44
If a contract-issuing entity, in violation of this Law, contracts the surveying and mapping project to a surveying and mapping entity
without the corresponding qualification grade or forces a surveying and mapping entity to undertake the project with the contracting
fee lower than the cost, the contract-issuing entity shall be ordered to correct its act, and may be imposed a fine of not more than
2 times of the agreed remuneration for surveying and mapping. If any staff member of the contract-issuing entity takes advantage
of his powers to demand money or property from others or illegally accepts money or property from others and seeks interests for
others in return, where a crime has been constituted, the criminal liabilities shall be imposed pursuant to law; where the circumstances
are not serious enough for criminal punishment, administrative punish shall be given pursuant to law.
Article 45
Any surveying and mapping entity that, in violation of this Law, sub-contracts the surveying and mapping project shall be ordered
to correct its act, the illegal gains shall be confiscated, a fine of more than 1 time but less than 2 times of the agreed remuneration
for surveying and mapping shall be imposed, and the entity may be ordered to stop its business for rectification or its qualification
grade may be lowered; where the circumstances are serious, its certificate of qualification for surveying and mapping shall be revoked.
Article 46
Whoever, in violation of this Law, conducts surveying and mapping activity without the practice qualification for surveying and mapping
and permission, shall be ordered to stop the illegal act, the illegal gains shall be confiscated, a fine of not more than 2 times
of the illegal gains may be imposed concurrently; where any loss is caused, the offender shall undertake the liable for compensation
according to law..
