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Interim Measures for Foreign Organizations or Individuals to Come to China for Surveying and Mapping (2019)

Issuer: National Natural Resources Administration

Release time: 2019

Specification category: Other standards

Whether to abolish: No

new standard:

Old standard: 2011

On July 24, 2019, the "Decision of the Ministry of Natural Resources on the First Batch of Abolished and Revised Departmental Regulations" was announced. According to the "Decision", the original "Interim Measures for the Administration of Surveying and Mapping by Foreign Organizations or Individuals in China" was amended as follows:
“前款所称合资、合作的形式,是指依照外商投资的法律法规设立的合资、合作企业”; (1) The second paragraph of Article 6 is amended as: "The form of joint venture or cooperation referred to in the preceding paragraph refers to a joint venture or cooperative enterprise established in accordance with the laws and regulations of foreign investment";
(2) In the second paragraph (c) of Article 8, delete the words "and the proportion of foreign investors' investment in the joint venture shall not exceed 50% in the end";
(3) delete item (2) of Article 9;
“测绘资质许可依照下列程序办理: (4) Amending Article 10 to read: "The license for surveying and mapping qualification shall be handled in accordance with the following procedures:
合资、合作企业应当向国务院自然资源主管部门提交申请材料; "(1) Submitting applications: Joint ventures and cooperative enterprises shall submit application materials to the competent department of natural resources of the State Council;
国务院自然资源主管部门在收到申请材料后依法作出是否受理的决定; "(2) Acceptance: After receiving the application materials, the competent department of natural resources of the State Council makes a decision on whether to accept or not according to law;
国务院自然资源主管部门决定受理后10个工作日内送军队测绘主管部门会同审查,并在接到会同审查意见后10个工作日内作出审查决定; "(3) Review: The competent department of natural resources of the State Council shall send it to the military survey and mapping department for review within 10 working days after accepting the decision, and make a review decision within 10 working days after receiving the review opinion;
审查合格的,由国务院自然资源主管部门颁发相应等级的《测绘资质证书》; 审查不合格的,由国务院自然资源主管部门作出不予许可的决定”; "(4) Issuing a certificate: If the examination is qualified, the competent department of natural resources of the State Council shall issue a corresponding level of" Survey and Mapping Qualification Certificate "; if the examination fails, the competent department of natural resources of the State Council shall make a decision not to permit";
(5) by deleting "in triplicate" in Article 11;
“一次性测绘应当依照下列程序取得国务院自然资源主管部门的批准文件: (6) Amend Article 12 to read: "One-time surveying and mapping shall obtain the approval document of the State Council's competent department of natural resources in accordance with the following procedures:
经国务院及其有关部门或者省、自治区、直辖市人民政府批准,外国的组织或者个人来华开展科技、文化、体育等活动时,需要进行一次性测绘活动的,应当向国务院自然资源主管部门提交申请材料; "(1) Submitting an application: With the approval of the State Council and its related departments or the people's governments of provinces, autonomous regions, and municipalities, when foreign organizations or individuals come to China to carry out science, technology, culture, sports and other activities, one-time surveying and mapping activities should be submitted to Application materials submitted by the competent department of natural resources of the State Council;
国务院自然资源主管部门在收到申请材料后依法作出是否受理的决定; "(2) Acceptance: After receiving the application materials, the competent department of natural resources of the State Council makes a decision on whether to accept or not according to law;
国务院自然资源主管部门决定受理后10个工作日内送军队测绘主管部门会同审查,并在接到会同审查意见后10个工作日内作出审查决定; "(3) Review: The competent department of natural resources of the State Council shall send it to the military survey and mapping department for review within 10 working days after accepting the decision, and make a review decision within 10 working days after receiving the review opinion;
准予一次性测绘的,由国务院自然资源主管部门依法向申请人送达批准文件,并抄送测绘活动所在地的省、自治区、直辖市人民政府自然资源主管部门; 不准予一次性测绘的,应当作出书面决定”; "(4) Approval: If one-time surveying and mapping is approved , the natural resources department of the State Council shall send the approval document to the applicant in accordance with law, and copy the natural resources department of the people's government of the province, autonomous region, or municipality where the surveying and mapping activity is located; For surveying and mapping, a written decision shall be made ";
“行政处分”修改为“处分”。 (7) In the "Interim Measures for the Administration of Surveying and Mapping by Foreign Organizations or Individuals in China", the "Administrative Department of Surveying and Mapping" was amended to "the competent department of natural resources";
全文如下。 The full text of the revised "Interim Measures for the Administration of Surveying and Mapping by Foreign Organizations or Individuals in China" is as follows.





Decree No. 38 of the Ministry of Land and Resources released on January 19, 2007

First Amendment in accordance with the Decision of the Ministry of Land and Resources on Amending the "Interim Measures for the Administration of Surveying and Mapping of Foreign Organizations or Individuals in China" on April 27, 2011

The second amendment according to the "Decision of the Ministry of Natural Resources on the First Abolition and Modification of Departmental Regulations" at the 2nd Ministerial Meeting of the Ministry of Natural Resources on July 16, 2019



Chapter I General Provisions



Article 1 In order to strengthen the management of foreign organizations or individuals engaged in surveying and mapping activities in the territory of the People's Republic of China and other seas under their jurisdiction, to safeguard national security and interests, and to promote economic and scientific exchanges and cooperation between China and foreign countries, And other relevant laws and regulations to formulate these measures.

Article 2 These measures shall apply to foreign organizations or individuals engaged in surveying and mapping activities in the territory of the People's Republic of China and other sea areas under their jurisdiction (hereinafter referred to as surveying and mapping in China).

Article 3 The following principles shall be followed when surveying and mapping in China:
(1) Must abide by the laws, regulations and relevant national regulations of the People's Republic of China;
(2) shall not involve the state secrets of the People's Republic of China;
(3) shall not endanger the national security of the People's Republic of China.

Article 4 The competent department of natural resources of the State Council, together with the military surveying and mapping department, is responsible for the examination and approval of surveying and mapping in China.
The competent departments of natural resources of people's governments at and above the county level shall perform supervision and management duties on surveying and mapping in China in accordance with the provisions of laws, administrative regulations and rules.

Article 5 Surveying and mapping in China shall comply with the national secret scope of surveying and mapping management. Mapping activities involving state secrets of national defense and other departments or industries of the state shall be stipulated from the scope of the state secrets of their competent departments.

Article 6 Foreign organizations or individuals surveying and mapping in the territory of the People's Republic of China must take the form of joint venture or cooperation with the relevant departments or units of the People's Republic of China (hereinafter referred to as joint venture or cooperative surveying and mapping) in accordance with law.
The form of joint venture or cooperation referred to in the preceding paragraph refers to a joint venture or cooperative enterprise established in accordance with foreign investment laws and regulations.
With the approval of the State Council and its related departments or the people's governments of provinces, autonomous regions, and municipalities, when foreign organizations or individuals come to China to carry out science, technology, culture, sports and other activities, one-time surveying and mapping activities (hereinafter referred to as one-time surveying and mapping) may not be required. The establishment of a joint venture or cooperative enterprise must be approved by the State Council's natural resources department in conjunction with the military's surveying and mapping department and jointly with the surveying and mapping personnel of the relevant departments and units of the People's Republic of China.

Article 7 Joint ventures and cooperative surveying and mapping shall not engage in the following activities:
(1) Geodesy;
(2) aerial photography;
(3) mapping of administrative area boundaries;
(4) marine surveying and mapping;
(5) Compilation of topographic maps, maps of world political districts, maps of national districts, maps of provincial districts and below, national teaching maps, local teaching maps and true three-dimensional maps
(6) Compilation of electronic navigation maps;
(7) Other surveying and mapping activities stipulated by the State Council's competent department of natural resources.

Article 8 The joint venture or cooperative surveying and mapping shall obtain the Surveying and Mapping Qualification Certificate issued by the competent department of natural resources of the State Council.
Joint ventures and cooperative enterprises applying for surveying and mapping qualifications shall meet the following requirements:
(1) It complies with the relevant provisions of the Surveying and Mapping Law of the People's Republic of China and laws and regulations on foreign investment;
(2) Complying with the relevant requirements of the "Regulations on the Qualification of Surveying and Mapping";
(3) Business registration has been carried out in accordance with the law and legal person status of the People's Republic of China has been obtained.

Article 9 Joint ventures and cooperative enterprises applying for surveying and mapping qualifications shall provide the following materials:
(1) The application materials required in the Regulations on the Administration of Surveying and Mapping Qualifications;
(2) Business license of an enterprise legal person;
(3) Other materials required by the State Council's competent department of natural resources.

Article 10 The license for surveying and mapping qualification shall be handled in accordance with the following procedures:
(1) Submitting applications: joint ventures and cooperative enterprises shall submit application materials to the competent department of natural resources of the State Council;
(2) Acceptance: After receiving the application materials, the competent department of natural resources of the State Council makes a decision on whether to accept the application;
(3) Examination: The competent department of natural resources of the State Council shall send it to the military surveying and mapping department for review within 10 working days after acceptance, and make a review decision within 10 working days after receiving the review opinion;
(4) Issuing certificates: If the examination is qualified, the competent department of natural resources of the State Council will issue a corresponding level of Surveying and Mapping Qualification Certificate; if the examination fails, the competent department of natural resources of the State Council will make a decision not to permit.

Article 11: When applying for one-time surveying and mapping, the following application materials shall be submitted:
(1) Application form;
(2) The approval documents of the State Council and its related departments or the people's governments of provinces, autonomous regions and municipalities;
(3) Approval documents of relevant departments that shall be submitted in accordance with the laws and regulations;
(4) identification of foreign organizations or individuals and relevant credit certificates;
(5) Explanation of the scope, route, accuracy of surveying and mapping, and the form of surveying and mapping activities;
(6) A list and description of surveying and mapping instruments, software and equipment used in surveying and mapping activities;
(7) Explanation that the existing surveying and mapping results of the People's Republic of China cannot meet the needs of the project.

Article 12 One-time surveying and mapping shall obtain the approval documents of the State Council's competent department of natural resources in accordance with the following procedures:
(1) Submission of application: With the approval of the State Council and its related departments or the people's governments of provinces, autonomous regions, and municipalities, foreign organizations or individuals who need to conduct one-time surveying and mapping activities when they come to China to carry out science, technology, culture, sports and other activities shall submit to the State Council Application materials submitted by the competent natural resources authority;
(2) Acceptance: After receiving the application materials, the competent department of natural resources of the State Council makes a decision on whether to accept the application;
(3) Examination: The competent department of natural resources of the State Council shall send it to the military surveying and mapping department for review within 10 working days after acceptance, and make a review decision within 10 working days after receiving the review opinion;
(4) Approval: If one-time surveying and mapping is approved, the natural resources department of the State Council shall send the approval document to the applicant according to law, and copy the natural resources department of the people ’s government of the province, autonomous region, or municipality where the surveying and mapping activity is located; A written decision shall be made.

Article 13 Where hearing, inspection, testing, appraisal and expert review are required by law, the time required is not counted within the prescribed time limit, but the applicant shall be notified in writing of the time required.

Article 14 Joint ventures and cooperative enterprises shall engage in surveying and mapping activities within the scope of business specified in the Surveying and Mapping Qualification Certificate. The one-time surveying and mapping shall be carried out in accordance with the content approved by the competent department of natural resources of the State Council.
In the case of joint venture, cooperative surveying or mapping, or one-off surveying and mapping, the Chinese surveying and mapping personnel shall be guaranteed to participate in specific surveying and mapping activities throughout the process.

Article 15 The management of surveying and mapping results in China shall be implemented in accordance with the relevant laws and regulations on the management of surveying and mapping results.
If the results of surveying and mapping in China are owned by Chinese departments or units, the surveying and mapping results may not be carried or transmitted in any form without approval in accordance with the law.

Article 16 The competent department of natural resources of the local people's government at or above the county level shall strengthen the supervision and management of surveying and mapping in China within its administrative area, and regularly check the following:
(1) Whether it involves national security and secrets;
(2) Whether it is carried out within the scope of business specified in the Qualification Certificate for Surveying and Mapping;
(3) Whether it is carried out in accordance with the content approved by the competent department of natural resources of the State Council;
(4) Whether to submit copies or catalogues of surveying and mapping results in accordance with the relevant provisions of the Regulations on the Administration of Surveying and Mapping Results of the People's Republic of China;
(5) Whether the Chinese surveying and mapping personnel are guaranteed to participate in specific surveying and mapping activities throughout the process.

Article 17: Where administrative penalties have been provided for in violation of the provisions of these Measures, laws and regulations shall prevail.
Anyone who violates the provisions of these Measures and comes to China to survey and map acts involving the state secrets of the People ’s Republic of China or endangering the national security of the People ’s Republic of China shall be investigated for legal liability according to law.

Article 18 In case of any of the following acts in violation of the provisions of the present Measures, the competent department of natural resources of the State Council shall revoke the approval document, order the surveying and mapping activities to be suspended, and impose a fine of less than 30,000 yuan. Relevant departments shall be punished according to law by the persons in charge and other persons who are directly responsible for the Chinese side; if a crime is constituted, criminal responsibility shall be investigated according to law. Collect the surveying and mapping results according to law:
(1) Defrauding the one-time survey and mapping approval documents by falsifying certification documents and providing false materials;
(2) Engaging in surveying and mapping activities beyond the content of the one-time surveying and mapping approval document.

Article 19 Anyone who, in violation of the provisions of these Measures, carries or transmits surveying and mapping results out of the country without legal approval, shall be fined up to 30,000 yuan by the competent department of natural resources of the State Council; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

Article 20: Surveying and mapping in China that involves the examination and approval of other laws and regulations shall be approved by the corresponding competent authority according to law.

Article 21 Organizations or individuals from the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region who come to the Mainland to engage in surveying and mapping activities shall be administered with reference to these Measures.

Article 22 These Measures shall be implemented as of March 1, 2007.