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| Order of the President of the People's Republic of China | | 中华人民共和国主席令 |
(No.75) | |
（第75号） |
The Surveying and Mapping Law of the People's Republic of China was modified 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 modified Surveying and Mapping Law of the People's Republic of China is hereby promulgated and shall come into force on December 1, 2002. | |
《中华人民共和国测绘法》已由中华人民共和国第九届全国人民代表大会常务委员会第二十九次会议于２００２年８月２９日修订通过，现将修订后的《中华人民共和国测绘法》公布，自２００２年１２月１日起施行。 |
President of the People's Republic of China: Jiang Zemin | |
中华人民共和国主席 江泽民 |
August 29, 2002 | |
２００２年８月２９日 |
Surveying and Mapping Law of the People's Republic of China | |
中华人民共和国测绘法 |
(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) | |
（２００２年８月２９日第九届全国人民代表大会常务委员会第二十九次会议通过） |
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| Contents | | 目录 |
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| Chapter 1 General Provisions | | 第一章 总则 |
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| Chapter 2 Surveying and Mapping Datums and Systems | | 第二章 测绘基准和测绘系统 |
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| Chapter 3 Basic Surveying and Mapping | | 第三章 基础测绘 |
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| Chapter 4 Boundary Surveying and Mapping and Other Surveying and Mapping | | 第四章 界线测绘和其他测绘 |
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| Chapter 5 Qualification of Surveying and Mapping | | 第五章 测绘资质资格 |
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| Chapter 6 Surveying and Mapping Results | | 第六章 测绘成果 |
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| Chapter 7 Protection of Surveying Markers | | 第七章 测量标志保护 |
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| Chapter 8 Legal Responsibilities | | 第八章 法律责任 |
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| Chapter 9 Supplementary Provisions | | 第九章 附则 |
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| Chapter 1 General Provisions | | 第一章 总则 |
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| Article 1 This Law is formulated to strengthen the administration of surveying and mapping, to promote the development of the undertaking of surveying and mapping and to ensure the service thereof to the national economic construction, the building-up of national defense, and the social development. | | 第一条 为了加强测绘管理，促进测绘事业发展，保障测绘事业为国家经济建设、国防建设和社会发展服务，制定本法。 |
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| Article 2 All surveying and mapping activities conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall comply with this Law. | | 第二条 在中华人民共和国领域和管辖的其他海域从事测绘活动，应当遵守本法。 |
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 and geographic factors or the man-made surface facilities, as well as the processing and providing of the data, information and achievements obtained. | |
本法所称测绘，是指对自然地理要素或者地表人工设施的形状、大小、空间位置及其属性等进行测定、采集、表述以及对获取的数据、信息、成果进行处理和提供的活动。 |
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| 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. | | 第三条 测绘事业是经济建设、国防建设、社会发展的基础性事业。各级人民政府应当加强对测绘工作的领导。 |
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| Article 4 The department of surveying and mapping administration 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 within their respective departments in line with the functions and responsibilities assigned to them by the State Council. | | 第四条 国务院测绘行政主管部门负责全国测绘工作的统一监督管理。国务院其他有关部门按照国务院规定的职责分工，负责本部门有关的测绘工作。 |
The departments of surveying and mapping administration of the local people's governments at or above the county level shall be in charge of 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 within their respective departments in line with the functions and responsibilities assigned to them by the people's governments at the corresponding level. | |
县级以上地方人民政府负责管理测绘工作的行政部门（以下简称测绘行政主管部门）负责本行政区域测绘工作的统一监督管理。县级以上地方人民政府其他有关部门按照本级人民政府规定的职责分工，负责本部门有关的测绘工作。 |
The 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, in line with 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. | |
军队测绘主管部门负责管理军事部门的测绘工作，并按照国务院、中央军事委员会规定的职责分工负责管理海洋基础测绘工作。 |
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| Article 5 Those conducting surveying and mapping shall employ the surveying and mapping datums and systems prescribed by the State and execute the technical norms and standards of surveying and mapping prescribed by the state. | | 第五条 从事测绘活动，应当使用国家规定的测绘基准和测绘系统，执行国家规定的测绘技术规范和标准。 |
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| Article 6 The state shall encourage the innovation and advancement in surveying and mapping technology and the adoption of advanced technology and equipment to improve the level of surveying and mapping. | | 第六条 国家鼓励测绘科学技术的创新和进步，采用先进的技术和设备，提高测绘水平。 |
Entities and individuals that have made significant contributions to the advancement of surveying and mapping technology shall be awarded in accordance with the relevant provisions of the state. | |
对在测绘科学技术进步中做出重要贡献的单位和个人，按照国家有关规定给予奖励。 |
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| Article 7 A foreign organization or individual that conducts surveying and mapping in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China must be subject to the approval of the department of surveying and mapping administration under the State Council jointly with the department of surveying and mapping administration in the armed forces, and must abide by the relevant laws and regulations of the People's Republic of China. | | 第七条 外国的组织或者个人在中华人民共和国领域和管辖的其他海域从事测绘活动，必须经国务院测绘行政主管部门会同军队测绘主管部门批准，并遵守中华人民共和国的有关法律、行政法规的规定。 |
A foreign organization or individual that conducts surveying and mapping in the territorial air, land and waters of the People's Republic of China must take the form of an equity joint venture or contractual joint venture with the relevant departments or entities of the People's Republic of China, and may not involve any state secret or harm the state security. | |
外国的组织或者个人在中华人民共和国领域从事测绘活动，必须与中华人民共和国有关部门或者单位依法采取合资、合作的形式进行，并不得涉及国家秘密和危害国家安全。 |
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| Chapter 2 Surveying and Mapping Datums and Systems | | 第二章 测绘基准和测绘系统 |
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| Article 8 The State shall establish and adopt the nationwide unified geodetic datums, vertical datums, depth datums and gravimetric datums, and the data thereof shall be examined and verified by the department of surveying and mapping administration under the State Council and, after consultation with other relevant departments under the State Council and the department of surveying and mapping in the armed forces, be submitted to the State Council for approval. | | 第八条 国家设立和采用全国统一的大地基准、高程基准、深度基准和重力基准，其数据由国务院测绘行政主管部门审核，并与国务院其他有关部门、军队测绘主管部门会商后，报国务院批准。 |
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| Article 9 The State shall establish a nationwide unified geodetic coordinate system, plane coordinate system, vertical system, geocentric coordinate system and gravimetric system, and define the classification of orders and classes 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 department of surveying and mapping administration under the State Council after consultation with other relevant departments under the State Council and the department of surveying and mapping in the armed forces. | | 第九条 国家建立全国统一的大地坐标系统、平面坐标系统、高程系统、地心坐标系统和重力测量系统，确定国家大地测量等级和精度以及国家基本比例尺地图的系列和基本精度。具体规范和要求由国务院测绘行政主管部门会同国务院其他有关部门、军队测绘主管部门制定。 |
Under the circumstances that the state security shall not be disturbed, the adoption of international coordinate systems where it is really necessary must be subject to the approval of the department of surveying and mapping administration under the State Council jointly with the department of surveying and mapping in the armed forces. | |
在不妨碍国家安全的情况下，确有必要采用国际坐标系统的，必须经国务院测绘行政主管部门会同军队测绘主管部门批准。 |
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| Article 10 Where the major engineering projects of large cities and the state do need to establish relatively independent plane coordinate systems for the needs of construction, urban planning and scientific research, the establishment shall be subject to the department of surveying and mapping administration under the State Council; and other establishment of relatively independent plane coordinate systems where it is really necessary shall be subject to the approval of the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. | | 第十条 因建设、城市规划和科学研究的需要，大城市和国家重大工程项目确需建立相对独立的平面坐标系统的，由国务院测绘行政主管部门批准；其他确需建立相对独立的平面坐标系统的，由省、自治区、直辖市人民政府测绘行政主管部门批准。 |
The relatively independent plane coordinate systems established shall be connected with the state coordinate systems. | |
建立相对独立的平面坐标系统，应当与国家坐标系统相联系。 |
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| Chapter 3 Basic Surveying and Mapping | | 第三章 基础测绘 |
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| Article 11 Basic surveying and mapping is a public welfare undertaking. The state shall administer the basic surveying and mapping on a classified basis. | | 第十一条 基础测绘是公益性事业。国家对基础测绘实行分级管理。 |
The “basic surveying and mapping” as used in this Law shall refer to establishing nationwide unified surveying and mapping datums 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. | |
本法所称基础测绘，是指建立全国统一的测绘基准和测绘系统，进行基础航空摄影，获取基础地理信息的遥感资料，测制和更新国家基本比例尺地图、影像图和数字化产品，建立、更新基础地理信息系统。 |
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| Article 12 The department of surveying and mapping administration under the State Council shall, jointly with other relevant departments under the State Council and the department of surveying and mapping administration in the armed forces, draw up the plan for national basic surveying and mapping, and take charge of the implementation after submitting the plan to the State Council for approval. | | 第十二条 国务院测绘行政主管部门会同国务院其他有关部门、军队测绘主管部门组织编制全国基础测绘规划，报国务院批准后组织实施。 |
The departments of surveying and mapping administration 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 submit them to the departments of surveying and mapping administration at the next higher level for record before implementation. | |
县级以上地方人民政府测绘行政主管部门会同本级人民政府其他有关部门根据国家和上一级人民政府的基础测绘规划和本行政区域内的实际情况，组织编制本行政区域的基础测绘规划，报本级人民政府批准，并报上一级测绘行政主管部门备案后组织实施。 |
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| Article 13 The department of surveying and mapping in the armed forces shall draw up the plans for military surveying and mapping, shall, in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission, draw up plans for the basic marine surveying and charting, and shall take charge of their implementation. | | 第十三条 军队测绘主管部门负责编制军事测绘规划，按照国务院、中央军事委员会规定的职责分工负责编制海洋基础测绘规划，并组织实施。 |
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| Article 14 The people's governments at or above the county level shall bring the basic surveying and mapping into their annual plans and financial budgets of national economic and social development at the corresponding level. | | 第十四条 县级以上人民政府应当将基础测绘纳入本级国民经济和社会发展年度计划及财政预算。 |
The department of development planning under the State Council shall, jointly with the 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. | |
国务院发展计划主管部门会同国务院测绘行政主管部门，根据全国基础测绘规划，编制全国基础测绘年度计划。 |
The departments of development planning of the local people's governments at or above the county level shall, jointly with the department of surveying and mapping administration at the corresponding level, draw up the annual plans for basic surveying and mapping of their respective administrative regions on the basis of their plans for basic surveying and mapping, and shall submit such annual plans to the respective competent departments for record. | |
县级以上地方人民政府发展计划主管部门会同同级测绘行政主管部门，根据本行政区域的基础测绘规划，编制本行政区域的基础测绘年度计划，并分别报上一级主管部门备案。 |
The state shall give financial support to the basic surveying and mapping of the remote areas and the areas of minor nationalities. | |
国家对边远地区、少数民族地区的基础测绘给予财政支持。 |
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| Article 15 The results of basic surveying and mapping shall be updated periodically, and those badly needed in the construction of national economy, national defense and social development shall be updated timely | | 第十五条 基础测绘成果应当定期进行更新，国民经济、国防建设和社会发展急需的基础测绘成果应当及时更新。 |
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. | |
基础测绘成果的更新周期根据不同地区国民经济和社会发展的需要确定。 |
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| Chapter 4 Boundary Surveying and Mapping and Other Surveying and Mapping | | 第四章 界线测绘和其他测绘 |
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| Article 16 Surveying and mapping of international 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 defining the international boundaries of the People's Republic of China shall be drafted by the Ministry of Foreign Affairs and the department of surveying and mapping administration under the State Council and be submitted to the State Council for approval and promulgation. | | 第十六条 中华人民共和国国界线的测绘，按照中华人民共和国与相邻国家缔结的边界条约或者协定执行。中华人民共和国地图的国界线标准样图，由外交部和国务院测绘行政主管部门拟订，报国务院批准后公布。 |
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| Article 17 Surveying and mapping of administrative boundaries shall be carried out in accordance with the relevant provisions of the State Council. The standard drawings of administrative boundaries between provinces, autonomous regions and municipalities, 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 department of surveying and mapping administration under the State Council, and be submitted to the State Council for approval and promulgation. | | 第十七条 行政区域界线的测绘，按照国务院有关规定执行。省、自治区、直辖市和自治州、县、自治县、市行政区域界线的标准画法图，由国务院民政部门和国务院测绘行政主管部门拟订，报国务院批准后公布。 |
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| Article 18 The department of surveying and mapping administration under the State Council shall, jointly with the department of land administration under the State Council, draw up the plan for national cadastre surveying and mapping. The departments of surveying and mapping administration of the local people's governments at or above the county level shall, jointly with the departments of land administration at the corresponding level, draw up the plans for cadastre surveying and mapping of their respective administrative regions. | | 第十八条 国务院测绘行政主管部门会同国务院土地行政主管部门编制全国地籍测绘规划。县级以上地方人民政府测绘行政主管部门会同同级土地行政主管部门编制本行政区域的地籍测绘规划。 |
The departments of surveying and mapping administration 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 administration of cadastre surveying and mapping. | |
县级以上人民政府测绘行政主管部门按照地籍测绘规划，组织管理地籍测绘。 |
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| Article 19 Surveying and mapping of the estate boundary location lines of lands, buildings, structures and other aboveground objects attached to the land shall be conducted in accordance with the estate boundary location points and estate 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 estate boundary location lines, the parties concerned shall make the surveying and mapping of alteration timely. | | 第十九条 测量土地、建筑物、构筑物和地面其他附着物的权属界址线，应当按照县级以上人民政府确定的权属界线的界址点、界址线或者提供的有关登记资料和附图进行。权属界址线发生变化时，有关当事人应当及时进行变更测绘。 |
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| Article 20 In the engineering surveying within 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 drawn up by the department of construction administration under the State Council and the department of surveying and mapping under the State Council shall be executed. | | 第二十条 城市建设领域的工程测量活动，与房屋产权、产籍相关的房屋面积的测量，应当执行由国务院建设行政主管部门、国务院测绘行政主管部门负责组织编制的测量技术规范。 |
The engineering surveying 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. | |
水利、能源、交通、通信、资源开发和其他领域的工程测量活动，应当按照国家有关的工程测量技术规范进行。 |
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| Article 21 Establishment of geographic information systems must employ the basic geographic information data that meet the state standards | | 第二十一条 建立地理信息系统，必须采用符合国家标准的基础地理信息数据。 |
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| Chapter 5 Qualification for Surveying and Mapping | | 第五章 测绘资质资格 |
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| Article 22 The state shall apply the system of administration of surveying and mapping qualification to the entities conducting surveying and mapping. | | 第二十二条 国家对从事测绘活动的单位实行测绘资质管理制度。 |
Entities conducting surveying and mapping shall possess the following conditions, and shall obtain the certificates of surveying and mapping qualification of the corresponding level before conducting any surveying and mapping: | |
从事测绘活动的单位应当具备下列条件，并依法取得相应等级的测绘资质证书后，方可从事测绘活动： |
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| 1) Having the professional technical personnel compatible with the conduction of surveying and mapping; | | （一）有与其从事的测绘活动相适应的专业技术人员； |
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| 2) Having the technical equipment and facilities compatible with the conduction of surveying and mapping; | | （二）有与其从事的测绘活动相适应的技术装备和设施； |
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| 3) Having a sound technical and quality guarantee system and the management system of surveying and mapping results and the materials and archives; | | （三）有健全的技术、质量保证体系和测绘成果及资料档案管理制度； |
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| 4) Having other conditions provided for by the department of construction administration under the State Council. | | （四）具备国务院测绘行政主管部门规定的其他条件。 |
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| Article 23 The department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration 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 department of surveying and mapping administration under the State Council after consultation with other relevant departments under the State Council. | | 第二十三条 国务院测绘行政主管部门和省、自治区、直辖市人民政府测绘行政主管部门按照各自的职责负责测绘资质审查、发放资质证书，具体办法由国务院测绘行政主管部门商国务院其他有关部门规定。 |
The department of surveying and mapping administration in the armed forces shall be responsible for the examination of the qualification for surveying and mapping of the military entities. | |
军队测绘主管部门负责军事测绘单位的测绘资质审查。 |
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| Article 24 A surveying and mapping entity may not conduct surveying and mapping beyond the scope of its qualification level 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. | | 第二十四条 测绘单位不得超越其资质等级许可的范围从事测绘活动或者以其他测绘单位的名义从事测绘活动，并不得允许其他单位以本单位的名义从事测绘活动。 |
In the contracting of a surveying and mapping project, the contract-issuing entity may not give out the contract to an entity without the corresponding surveying and mapping qualification level or force the surveying and mapping entity to contract the project with the contracting fee lower than the cost. | |
测绘项目实行承发包的，测绘项目的发包单位不得向不具有相应测绘资质等级的单位发包或者迫使测绘单位以低于测绘成本承包。 |
The surveying and mapping entity may not sub-contract the surveying and mapping project it contracted. | |
测绘单位不得将承包的测绘项目转包。 |
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| Article 25 The professional technical personnel conducting surveying and mapping shall have the corresponding practice qualification, the specific measures shall be prescribed by the department of surveying and mapping administration under the State Council jointly with the department of personnel under the State Council. | | 第二十五条 从事测绘活动的专业技术人员应当具备相应的执业资格条件，具体办法由国务院测绘行政主管部门会同国务院人事行政主管部门规定。 |
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| Article 26 Surveying and mapping personnel shall conduct surveying and mapping work with surveying and mapping work certificates. | | 第二十六条 测绘人员进行测绘活动时，应当持有测绘作业证件。 |
No entity or individual may impede or obstruct the surveying and mapping conducted by surveying and mapping personnel in accordance with the law. | |
任何单位和个人不得妨碍、阻挠测绘人员依法进行测绘活动。 |
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| 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 department of surveying and mapping administration under the State Council. | | 第二十七条 测绘单位的资质证书、测绘专业技术人员的执业证书和测绘人员的测绘作业证件的式样，由国务院测绘行政主管部门统一规定。 |
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| Chapter 6 Surveying and Mapping Results | | 第六章 测绘成果 |
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| Article 28 The state shall apply the system of summarization and submission of surveying and mapping results. | | 第二十八条 国家实行测绘成果汇交制度。 |
After a surveying and mapping project is finished, the sponsor of the project or the entity undertaking the project with state investment shall summarize and submit the surveying and mapping results and materials to the department of surveying and mapping administration under the State Council or the department of surveying and mapping administration of the people's government of the relevant province, autonomous regions, or municipality directly under the Central Government. In case of a project of basic surveying and mapping, the counterparts of the surveying and mapping results shall be summarized and submitted; in case of a project of non-basic surveying and mapping, the catalog of surveying and mapping results shall be summarized and submitted. The department of surveying and mapping administration in charge of acceptance of the counterparts and catalogs of surveying and mapping results shall produce the proof of summarization and submission of the results, and shall transfer the counterparts and catalogs to the depositories. The State Council shall formulate the specific measures for the summarization and submission of surveying and mapping results. | |
测绘项目完成后，测绘项目出资人或者承担国家投资的测绘项目的单位，应当向国务院测绘行政主管部门或者省、自治区、直辖市人民政府测绘行政主管部门汇交测绘成果资料。属于基础测绘项目的，应当汇交测绘成果副本；属于非基础测绘项目的，应当汇交测绘成果目录。负责接收测绘成果副本和目录的测绘行政主管部门应当出具测绘成果汇交凭证，并及时将测绘成果副本和目录移交给保管单位。测绘成果汇交的具体办法由国务院规定。 |
The department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration 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 results and promulgate them to the public. | |
国务院测绘行政主管部门和省、自治区、直辖市人民政府测绘行政主管部门应当定期编制测绘成果目录，向社会公布。 |
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| Article 29 The depositories of surveying and mapping results shall take measures to ensure the completeness and safety of the surveying and mapping results, and shall publicize and provide the results to the public pursuant to the relevant provisions of the state. | | 第二十九条 测绘成果保管单位应当采取措施保障测绘成果的完整和安全，并按照国家有关规定向社会公开和提供利用。 |
Where the surveying and mapping results are state secrets, the provisions of the laws and regulations of the state on secrecy shall be applied; if such results 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. | |
测绘成果属于国家秘密的，适用国家保密法律、行政法规的规定；需要对外提供的，按照国务院和中央军事委员会规定的审批程序执行。 |
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| Article 30 With respect to the surveying and mapping projects financed by the treasury and the construction engineering surveying and mapping projects financed by the treasury, the relevant departments shall seek opinions from the departments of surveying and mapping administration of the people's governments at the corresponding level before approving the establishment of the project, where there are suitable surveying and mapping results, the existing results shall be fully utilized and repeated surveying and mapping shall be avoided. | | 第三十条 使用财政资金的测绘项目和使用财政资金的建设工程测绘项目，有关部门在批准立项前应当征求本级人民政府测绘行政主管部门的意见，有适宜测绘成果的，应当充分利用已有的测绘成果，避免重复测绘。 |
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| Article 31 The results of basic surveying and mapping and other surveying and mapping results achieved with state investment that are to be used in decision-making of the state or in public welfare undertakings shall be provided for free. | | 第三十一条 基础测绘成果和国家投资完成的其他测绘成果，用于国家机关决策和社会公益性事业的，应当无偿提供。 |
The system of paid use shall be applied to the surveying and mapping results other than those prescribed in the preceding paragraph; but such results may be used free for the needs of public interests of the governments and the relevant departments and armed forces, such as prevention and mitigation of disasters, and national defense, etc. | |
前款规定之外的，依法实行有偿使用制度；但是，政府及其有关部门和军队因防灾、减灾、国防建设等公共利益的需要，可以无偿使用。 |
The State Council shall formulate the specific measures for the use of surveying and mapping results. | |
测绘成果使用的具体办法由国务院规定。 |
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| Article 32 The significant geographic information and data concerning the positions, elevations, depths, areas and lengths of the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall be examined and verified by the department of surveying and mapping administration under the State Council then, after consultation with other relevant departments under the State Council and the 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. | | 第三十二条 中华人民共和国领域和管辖的其他海域的位置、高程、深度、面积、长度等重要地理信息数据，由国务院测绘行政主管部门审核，并与国务院其他有关部门、军队测绘主管部门会商后，报国务院批准，由国务院或者国务院授权的部门公布。 |
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| Article 33 The people's governments at all levels shall strengthen the administration of the drawing-up, printing, publication, showing of maps and publishing of maps on newspapers or magazines to guarantee the quality of the maps and to safeguard the sovereignty, security and interests of the state. The State Council shall formulate the specific measures y. | | 第三十三条 各级人民政府应当加强对编制、印刷、出版、展示、登载地图的管理，保证地图质量，维护国家主权、安全和利益。具体办法由国务院规定。 |
The people's governments at all levels shall educate the citizens in the sense of state territory. | |
各级人民政府应当加强对国家版图意识的宣传教育，增强公民的国家版图意识。 |
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| Article 34 Surveying and mapping entities shall be responsible for the quality of the surveying and mapping results achieved by them. The departments of surveying and mapping administration of the people's governments at or above the county level shall strengthen the supervision and administration of the quality of surveying and mapping results. | | 第三十四条 测绘单位应当对其完成的测绘成果质量负责。县级以上人民政府测绘行政主管部门应当加强对测绘成果质量的监督管理。 |
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| Chapter 7 Protection of Surveying Markers | | 第七章 测量标志保护 |
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| Article 35 No entity or individual may damage, destroy, or without authorization remove 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 effective utilization of the surveying marker within the security control area of a permanent surveying marker. | | 第三十五条 任何单位和个人不得损毁或者擅自移动永久性测量标志和正在使用中的临时性测量标志，不得侵占永久性测量标志用地，不得在永久性测量标志安全控制范围内从事危害测量标志安全和使用效能的活动。 |
Permanent surveying markers as used in this Law include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points, leveling points and satellite location points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at seabed geodetic points. | |
本法所称永久性测量标志，是指各等级的三角点、基线点、导线点、军用控制点、重力点、天文点、水准点和卫星定位点的木质觇标、钢质觇标和标石标志，以及用于地形测图、工程测量和形变测量的固定标志和海底大地点设施。 |
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| 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 | | 第三十六条 永久性测量标志的建设单位应当对永久性测量标志设立明显标记，并委托当地有关单位指派专人负责保管。 |
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| Article 37 A construction entity shall, when carrying out engineering construction, seek to get around permanent surveying markers; if it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the construction entity shall get the approval from the department of surveying and mapping administration under the State Council or from the department of surveying and mapping administration 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 department of surveying and mapping administration in the armed forces shall be obtained. The construction entity shall bear the expenses for the removal and reestablishment of such markers. | | 第三十七条 进行工程建设，应当避开永久性测量标志；确实无法避开，需要拆迁永久性测量标志或者使永久性测量标志失去效能的，应当经国务院测绘行政主管部门或者省、自治区、直辖市人民政府测绘行政主管部门批准；涉及军用控制点的，应当征得军队测绘主管部门的同意。所需迁建费用由工程建设单位承担。 |
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| Article 38 Surveying and mapping personnel shall employ permanent surveying markers with their surveying and mapping work certificates, and ensure that the surveying markers remain in good condition. | | 第三十八条 测绘人员使用永久性测量标志，必须持有测绘作业证件，并保证测量标志的完好。 |
The personnel taking care of the surveying markers shall inspect and examine if the markers are intact after employment. | |
保管测量标志的人员应当查验测量标志使用后的完好状况。 |
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| Article 39 The people's governments at or above the county level shall take effective measures to strengthen the protection of surveying markers. | | 第三十九条 县级以上人民政府应当采取有效措施加强测量标志的保护工作。 |
The departments of surveying and mapping administration of the people's governments at or above the county level shall check and maintain the permanent surveying markers pursuant to the provisions. | |
县级以上人民政府测绘行政主管部门应当按照规定检查、维护永久性测量标志。 |
The people's governments at the township level shall take care of the protection of surveying markers within their respective administrative regions. | |
乡级人民政府应当做好本行政区域内的测量标志保护工作。 |
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| Chapter 8 Legal Responsibilities | | 第八章 法律责任 |
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| 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 not more than 100,000 yuan concurrently; the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law: | | 第四十条 违反本法规定，有下列行为之一的，给予警告，责令改正，可以并处十万元以下的罚款；对负有直接责任的主管人员和其他直接责任人员，依法给予行政处分： |
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| 1) Establishing relatively independent plane coordinate systems without approval; | | （一）未经批准，擅自建立相对独立的平面坐标系统的； |
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| 2) Employing the basic geographic information data that don't meet the state standards in the establishment of geographic information systems. | | （二）建立地理信息系统，采用不符合国家标准的基础地理信息数据的。 |
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| 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 not more than 100,000 yuan concurrently; where a crime has been constituted, the criminal responsibilities shall be investigated for; 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 sanctions in accordance with the law: | | 第四十一条 违反本法规定，有下列行为之一的，给予警告，责令改正，可以并处十万元以下的罚款；构成犯罪的，依法追究刑事责任；尚不够刑事处罚的，对负有直接责任的主管人员和其他直接责任人员，依法给予行政处分： |
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| 1) Employing international coordinate systems in surveying and mapping without approval; | | （一）未经批准，在测绘活动中擅自采用国际坐标系统的； |
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| 2) Releasing important geographic information data of the territorial land, air and water and other sea areas under the jurisdiction of the People's Republic of China without authorization. | | （二）擅自发布中华人民共和国领域和管辖的其他海域的重要地理信息数据的。 |
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| Article 42 Whoever, in violation of this Law, conducts surveying and mapping without the certificate of qualification for surveying and mapping shall be ordered to stop the illegal act, the illegal gains and the surveying and mapping results 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 on the offender. | | 第四十二条 违反本法规定，未取得测绘资质证书，擅自从事测绘活动的，责令停止违法行为，没收违法所得和测绘成果，并处测绘约定报酬一倍以上二倍以下的罚款。 |
For those obtaining the certificate of qualification for surveying and mapping by deceitful means to conduct surveying and mapping, their qualification certificates shall be revoked, the illegal gains and the surveying and mapping results 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 on the offender. | |
以欺骗手段取得测绘资质证书从事测绘活动的，吊销测绘资质证书，没收违法所得和测绘成果，并处测绘约定报酬一倍以上二倍以下的罚款。 |
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| 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 results 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 level may be lowered; where the circumstances are serious, its certificate of qualification for surveying and mapping shall be revoked: | | 第四十三条 违反本法规定，测绘单位有下列行为之一的，责令停止违法行为，没收违法所得和测绘成果，处测绘约定报酬一倍以上二倍以下的罚款，并可以责令停业整顿或者降低资质等级；情节严重的，吊销测绘资质证书： |
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| 1) Conducting surveying and mapping beyond the scope the qualification level; | | （一）超越资质等级许可的范围从事测绘活动的； |
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| 2) Conducting surveying and mapping in the name of other surveying and mapping entities; | | （二）以其他测绘单位的名义从事测绘活动的； |
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| 3) Allowing other entities to conduct surveying and mapping activities in its name. | | （三）允许其他单位以本单位的名义从事测绘活动的。 |
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| 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 level 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 on 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 responsibilities shall be investigated for pursuant to law; where the circumstances are not serious enough for criminal punishment, administrative sanctions shall be given pursuant to law. | | 第四十四条 违反本法规定，测绘项目的发包单位将测绘项目发包给不具有相应资质等级的测绘单位或者迫使测绘单位以低于测绘成本承包的，责令改正，可以处测绘约定报酬二倍以下的罚款。发包单位的工作人员利用职务上的便利，索取他人财物或者非法收受他人财物，为他人谋取利益，构成犯罪的，依法追究刑事责任；尚不够刑事处罚的，依法给予行政处分。 |
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| 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 level may be lowered; where the circumstances are serious, its certificate of qualification for surveying and mapping shall be revoked. | | 第四十五条 违反本法规定，测绘单位将测绘项目转包的，责令改正，没收违法所得，处测绘约定报酬一倍以上二倍以下的罚款，并可以责令停业整顿或者降低资质等级；情节严重的，吊销测绘资质证书。 |
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| Article 46 Whoever, in violation of this Law, conducts surveying and mapping without the practice qualification for surveying and mapping, shall be ordered to stop the illegal act, the illegal gains shall be confiscated, a fine of not more than 2 times of the agreed remuneration for surveying and mapping may be imposed concurrently; where any loss is caused, the offender shall be liable for compensation. | | 第四十六条 违反本法规定，未取得测绘执业资格，擅自从事测绘活动的，责令停止违法行为，没收违法所得，可以并处违法所得二倍以下的罚款；造成损失的，依法承担赔偿责任。 |
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| Article 47 Whoever, in violation of this Law, fails to summarize and submit the surveying and mapping results and materials shall be ordered to summarize and submit the results and materials within the specific time limit; where no summarization and submission is made within that time limit, the sponsor of the surveying and mapping project shall be imposed on a fine of more than 1 time but less than 2 times of the expenses needed for a renewing surveying and mapping; the entity undertaking a surveying and mapping project with state investment shall be imposed on a fine of more than 100,000 but less than 50,000 yuan, and its certificate of qualification for surveying and mapping shall be suspended, if the entity fails to summarize and submit the surveying and mapping results and materials within 6 months from the day of suspension of its qualification certificate, the certificate shall be revoked, and the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions pursuant to law. | | 第四十七条 违反本法规定，不汇交测绘成果资料的，责令限期汇交；逾期不汇交的，对测绘项目出资人处以重测所需费用一倍以上二倍以下的罚款；对承担国家投资的测绘项目的单位处一万元以上五万元以下的罚款，暂扣测绘资质证书，自暂扣测绘资质证书之日起六个月内仍不汇交测绘成果资料的，吊销测绘资质证书，并对负有直接责任的主管人员和其他直接责任人员依法给予行政处分。 |
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| Article 48 For the substandard quality of surveying and mapping results due to violation of this law, the surveying and mapping entity shall be ordered to make up the surveying and mapping or do it over again; where the circumstances are serious, the entity shall be ordered to stop business for rectification, it qualification level shall be lowered or even its certificate of qualification for surveying and mapping shall be revoked; where any loss has been caused to the user, the entity shall be liable for compensation. | | 第四十八条 违反本法规定，测绘成果质量不合格的，责令测绘单位补测或者重测；情节严重的，责令停业整顿，降低资质等级直至吊销测绘资质证书；给用户造成损失的，依法承担赔偿责任。 |
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| Article 49 If the map drawn up, printed, published or showed contains any mistake, omits any information or discloses any secret and thus harms the sovereignty or security of the state, or impairs the interests of the state, where a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law; where the circumstances are not serious enough for criminal punishment, administrative punishment or administrative sanctions shall be given pursuant to law. | | 第四十九条 违反本法规定，编制、印刷、出版、展示、登载的地图发生错绘、漏绘、泄密，危害国家主权或者安全，损害国家利益，构成犯罪的，依法追究刑事责任；尚不够刑事处罚的，依法给予行政处罚或者行政处分。 |
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| Article 50 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 not more than 50,000 yuan concurrently; where any loss has been caused, the offender shall be liable for compensation; where a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law; 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 sanctions pursuant to law: | | 第五十条 违反本法规定，有下列行为之一的，给予警告，责令改正，可以并处五万元以下的罚款；造成损失的，依法承担赔偿责任；构成犯罪的，依法追究刑事责任；尚不够刑事处罚的，对负有直接责任的主管人员和其他直接责任人员，依法给予行政处分： |
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| 1) Damaging, destroying or without authorization removing permanent surveying markers and temporary surveying markers still in use; | | （一）损毁或者擅自移动永久性测量标志和正在使用中的临时性测量标志的； |
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| 2) Seizing or occupying the land used for permanent surveying markers | | （二）侵占永久性测量标志用地的； |
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| 3) Conducting activities that endanger the safety and effective utilization of surveying marker within the security control area of a permanent surveying marker; | | （三）在永久性测量标志安全控制范围内从事危害测量标志安全和使用效能的活动的； |
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| 4) Constructing buildings that affect the effective utilization of surveying marker within the land occupied by a surveying marker; | | （四）在测量标志占地范围内，建设影响测量标志使用效能的建筑物的； |
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| 5) Without authorization demolishing permanent surveying markers or rendering permanent surveying markers ineffective, or refusing to pay for the expenses for removal and reestablishment; | | （五）擅自拆除永久性测量标志或者使永久性测量标志失去使用效能，或者拒绝支付迁建费用的； |
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| 6) Using permanent surveying markers in violation of the operation rules and thus causing damages to permanent surveying markers. | | （六）违反操作规程使用永久性测量标志，造成永久性测量标志毁损的。 |
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| Article 51 Whoever, in violation of this Law, commits any of the following acts shall be ordered to stop the illegal act, the surveying and mapping results and tools shall be confiscated, and a fine of more than 10,000 yuan but less than 100,000 yuan shall be imposed on the offender concurrently; where the circumstances are serious, the offender shall be imposed on a fine of more than 100,000 yuan but less than 500,000 yuan and be ordered to leave the territory of China within a specific time limit; where the achieved surveying and mapping results are state secrets and a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law: | | 第五十一条 违反本法规定，有下列行为之一的，责令停止违法行为，没收测绘成果和测绘工具，并处一万元以上十万元以下的罚款；情节严重的，并处十万元以上五十万元以下的罚款，责令限期离境；所获取的测绘成果属于国家秘密，构成犯罪的，依法追究刑事责任： |
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| 1) Foreign organizations or individuals conduct surveying and mapping in the territorial land, water and air and other sea areas under the jurisdiction of the People's Republic of China without approval; | | （一）外国的组织或者个人未经批准，擅自在中华人民共和国领域和管辖的其他海域从事测绘活动的； |
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| 2) Foreign organizations or individuals conduct surveying and mapping activities within the territory of the People's Republic of China without cooperating, in the form of an equity joint venture or a contractual joint venture, with the relevant departments or entities of the People's Republic of China. | | （二）外国的组织或者个人未与中华人民共和国有关部门或者单位合资、合作，擅自在中华人民共和国领域从事测绘活动的。 |
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| Article 52 The administrative punishment of lowering the qualification level, and suspending or revoking the certificate of qualification for surveying and mapping shall be decided by the departments issuing the qualification certificates; other administrative punishment shall be decided by the departments in charge of surveying and mapping administration of the people's governments at or above the county level. | | 第五十二条 本法规定的降低资质等级、暂扣测绘资质证书、吊销测绘资质证书的行政处罚，由颁发资质证书的部门决定；其他行政处罚由县级以上人民政府测绘行政主管部门决定。 |
Ordering the offender to leave the territory of China prescribed in Article 51 of this Law shall be decided by the public security offices. | |
本法第五十一条规定的责令限期离境由公安机关决定。 |
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| Article 53 If any member of the departments in charge of surveying and mapping administration of the people's governments at or above the county level, in violation of this Law, takes advantage of his powers to accept money and property or other benefits from others, or neglects his duties and issues certificates of qualification for surveying and mapping to the entities that don't meet the conditions provided for by the law, fails to perform the duties of supervision and administration pursuant to law or fails to punish the illegal acts that have been found out, and thus causes serious consequences, where a crime has been constituted, the criminal responsibilities shall be investigated for pursuant to law; 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 sanctions. | | 第五十三条 违反本法规定，县级以上人民政府测绘行政主管部门工作人员利用职务上的便利收受他人财物、其他好处或者玩忽职守，对不符合法定条件的单位核发测绘资质证书，不依法履行监督管理职责，或者发现违法行为不予查处，造成严重后果，构成犯罪的，依法追究刑事责任；尚不够刑事处罚的，对负有直接责任的主管人员和其他直接责任人员，依法给予行政处分。 |
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| Chapter 9 Supplementary Provisions | | 第九章 附则 |
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| Article 54 The Central Military Commission shall formulate the Measures for the Administration of Military Surveying and Mapping in accordance with this Law. | | 第五十四条 军事测绘管理办法由中央军事委员会根据本法规定。 |
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| Article 55 This Law shall come into force on December 1, 2002. | | 第五十五条 本法自２００２年１２月１日起施行。 |
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