Chương I Luật Đo đạc và bản đồ 2018: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for fundamental and specialized topographic and cartographic activities, quality of topographic and cartographic products, topographic infrastructure works, topographic and cartographic information, data and products, national geographical space data infrastructure, conditions for providing topographic and cartographic services, rights and obligations of organizations and individuals engaged in topographic and cartographic activities and state management in topography and cartography.

Article 2. Regulated entities

This Law applies to agencies, organizations and individuals engaged in topographic and cartographic activities, use of topographic and cartographic information, data and products or other activities relating to topography and cartography within the territory of the Socialist Republic of Vietnam.

Article 3. Definition

For the purpose of this Law, the terms below shall be construed as follows:

1. “geographical subject” means any object or phenomenon in the real world or description of any object or phenomenon that does not exist in the real world defined at a geographical location on the earth surface, under the ground, in the water, at the bottom water or in the space.

2. “topography” means receiving and processing information and data to determine location, shape, size and attribute information of geographical subjects.

3. “cartography” means a general model showing geographical subjects on a fixed scale under certain mathematic rules through a system of signs based upon the results of processing information and data collected from the survey.

4. “topographic and cartographic activities” means surveying geographical subjects, constructing and operating topographic infrastructure works and geographical database, mapping and creating other topographic and cartographic products. Topographic and cartographic activities include fundamental and specialized topographic and cartographic activities.

5. “topographic marker” means a fixed marker established on the earth surface in consistent with technical restrictions presenting the topographic point.  “world coordinate system” means a mathematical coordinate system in the space and on the plane developed in a specified time and used popularly over the world to present the topographic and cartographic results.

8. “national elevation system” means an elevation system developed in a specified time and used uniformly nationwide to determine the elevation of geographical subjects.

9. “national gravity system” means a gravity system developed in a specified time and used uniformly nationwide to determine the gravity of Earth within territory of the Socialist Republic of Vietnam.

10. “national satellite positioning station” means a fixed station located on the ground used to receive satellite positioning signals, process and transmit information serving topographic and cartographic activities.

11. “protective corridor of topographic infrastructure works” means necessary space or area on earth surface, under the ground, on water surface or under the water ensuring that topographic infrastructure works operate in compliance with technical standards and regulations.

12. “topographic map” means a map showing topographic relief and place names that is drawn under coordinate and elevation systems on a specified scale.

13.  “national topographical map system” means a collection of topographic maps of mainland, islands, archipelagoes and topographic maps of seabed that are drawn in compliance with national technical standards and regulations on a prescribed scale under the national coordinate system and national elevation system and used uniformly nationwide.

14. “geographical space data” means data on geographical locations and attribute of geographical subjects.

15. “geographical background data” means geographical space data used as the basis for setting up other space data.

16. “geographical database” means a systematic collection of geographical space data.

17. “place name” means name of a geographical subject in the real world attached to a specified geographical location.

18. “boundary map” means a map showing national boundaries on land, under the ground and in the space which are determined in accordance with international agreement to which the Socialist Republic of Vietnam is a signatory or regulations in Vietnam Laws.

19. “administrative map” means a map showing territorial division according to administrative units.

20. “standard map of national boundaries” means a map drawn under the national coordinate system and national elevation system.

21. “nautical chart” means a map showing the depth of the ocean, terrains, place names and information regarding maritime activities and other activities on the sea.

22. “civil aviation map” means a map showing terrains, place names and information relating to civil aviation activities.

23. “map of underground works” means a map showing the planning, region division and status quo of works under the ground or under the water.

24. “map publications” mean published maps or map publications containing map photos in any form.

Article 4. Fundamental rules of topographic and cartographic activities

1. Topographic and cartographic activities must ensure sovereignty of the country, territorial integrity, national defense, security, order and social safety, satisfy international integration requirement and comply with international agreements to which the Socialist Republic of Vietnam is a signatory as well as timely apply science and technology advances.

2. Topographic and cartographic information, data and products must be timely, sufficiently and accurately updated and provided meeting requirement for socio-economic development, national defense and security, management of resources and environment, preventing and fighting against natural disasters, rescuing and dealing with climate change as well as broadening people’s knowledge.

3. Topographic infrastructure works, topographic and cartographic information, data and products must be managed and protected in accordance with provisions in herein and other relevant law provisions; topographic infrastructure works , topographic and cartographic information, data and products that are made by using state budget are considered public properties and must be commonly used and inherited.

4. Information, data and products from fundamental topographic and cartographic activities must be used in specialized topographic and cartographic activities.

5. A database of fundamental topography and cartography must be used as foundation for setting up national geographical space data.

Article 5. State policy on topography and cartography

1. Invest in development of topographic and cartographic activities with the aim of meeting requirements for state management and socio-economic development as well as ensuring national defense and security.

2. Prioritize investment in topographic and cartographic activities serving the work of preventing, fighting against natural disasters, rescuing and dealing with climate change, develop and apply national geographical space data infrastructure, study, apply and develop modern and advanced technologies for topography and cartography .

3. Encourage organizations and individuals to invest in or study and apply high technology and science, advanced and modern technologies, train and develop highly qualified human resources for topography and cartography.

4. Enable organizations and individuals to get access to or use topographic and cartographic information, data and products and national geographical space data infrastructure and participate in topographic and cartographic activities.

Article 6. Prohibited acts in topographic and cartographic activities

1. Counterfeiting or falsifying topographic and cartographic data or results

2. Destroying or damaging topographic infrastructure works, infringing the protective corridor of topographic infrastructure works

3. Carrying out topographic and cartographic activities when failing to satisfy requirements prescribed in laws

4. Publishing and circulating topographic and cartographic products, map publications related to sovereignty of the country that fail to show or improperly show national sovereignty and boundaries.

5. Obstructing legal topographic and cartographic activities performed by agencies, organizations and individuals

6. Making use of topographic and cartographic activities to harm benefits of people and country, juridical rights and benefits of organizations and individuals

7. Disseminating or revealing topographic and cartographic information, data and products in the list of State secrets.

Article 7. Science and technology activities regarding topography and cartography

1. Science and technology activities regarding topography and cartography shall be carried out in accordance with provisions herein and provisions of the Law on Science and Technology.

2. State-prioritized science and technology activities regarding topography and cartography include:

a) research on scientific bases for building of regulatory and institutional framework and the law on topography and cartography;

b) research on development, application and transfer of high, advanced and modern technologies in fundamental and specialized topographic and cartographic activities for national defense, security, preventing and fighting against natural disaster, rescuing and dealing with environmental incidents as well as climate change;

c) research on development of national geographical space data infrastructure;

d) fundamental research on Earth using modern and advanced topographic and cartographic methods

3. Encourage and enable organizations and individuals to carry out science and technology activities prescribed in clause 2 in this Article.

Article 8. International cooperation in topography and cartography

1. Principles for international cooperation in topography and cartography include:

a) Respect independence, sovereignty and territorial integrity;

b) Comply with international agreements to which the Socialist Republic of Vietnam is a signatory and provisions of Vietnam Laws;

c) Ensure equality and mutual benefits

2. Basic matters of international cooperation in topography and cartography include:

a) Signing and executing international contracts or agreements for topography and cartography;

b) Running international cooperation programs or projects;

c) Exchanging experts and training human resources for topography and cartography;

d) Conducting science research, applying and transferring topographic and cartographic technologies;

dd) Exchanging topographic and cartographic information, data and products;

e) Holding or participating in international conferences, seminars or negotiations

Article 9. Finance for topographic and cartographic activities

1. State management in topographic and cartographic activities by ministries, ministerial agencies and Governmental agencies, building and development of national geographical space data infrastructure shall be funded by central government budget.

2. State management in topographic and cartographic activities by People’s Committees of all levels, building and development of national geographical space data infrastructure under local management shall be funded by local government budget.

3. Topographic and cartographic activities carried out by organizations and individuals satisfying their own demands shall be funded by those organizations and individuals themselves.