Chương II Luật Đo đạc và bản đồ 2018: Hoạt động đo đạc và bản đồ cơ bản

Chapter II

FUNDAMENTAL TOPOGRAPHIC AND CARTOGRAPHIC ACTIVITIES

Article 10. Fundamental topographic and cartographic matters

1. Establishing national original topographic data system, national coordinate system, national elevation system and national gravity system

2. Establishing a data system of national topographic nets

3. Establishing aerial photo data system and remote sensing photo data system

4. Establishing, operating and updating national geographical background database, establishing and updating national topographic map system

5. Surveying and mapping national boundaries

6. Surveying and mapping administrative boundaries

7. Standardizing place names

8. Establishing and operating fundamental topographic infrastructure works

Article 11. National original topographic data system, national coordinate system, national elevation system and national gravity system

1. National original topographic data system includes original data on national coordinate system, national elevation system, national gravity system and national depth that are uniformly determined nationwide in accordance with national technical regulations. Each national original topographic data is attached to a point with a fixed and permanent marker called national original topographic point.

2. National coordinate system, national elevation system, national gravity system and national depth are used to present the results of topography and cartography within territory of the Socialist Republic of Vietnam.

3. The world coordinate system shall be used in accordance with provisions in international agreements to which the Socialist Republic of Vietnam is a signatory.

4. The Ministry of Natural Resources and Environment shall develop and submit national original topographic data system, national coordinate system, national elevation system and national gravity system to be used uniformly nationwide to the Prime Minister for publication, establish and publish converting parameters between national coordinate system and the world coordinate system.

Article 12. Data system of national topographic nets

1. A data system of national topographic nets includes data on national coordinate net, national elevation net, national gravity net and national net of satellite positioning stations that are established and used to carry out topographic and cartographic activities throughout the country.

2. The data system of national topographic nets shall be established in accordance with national technical regulations. The Ministry of Natural Resources and Environment shall take responsibility to establish and publish data on national topographic nets to be used uniformly nationwide.

3. This Article shall be elaborated by the Government.

Article 13. Aerial photo data

1. Aerial photo data is collected from the aircraft. The collection of aerial photo data must be approved by ministries, ministerial agencies, Governmental agencies or People’s Committees of provinces, as authorized, before the collection for preventing cliché; aerial photo data may not be collected if appropriate data is available.

2. Civil aviation for the purpose of collecting aerial photo data shall be managed in accordance with provisions of the Law on Civil Aviation.

3. The Ministry of Natural Resources and Environment shall prepare and launch an aerial photography plan under management of ministries and develop an aerial photo database within the country.

4. The Ministry of National Defense shall prepare and launch an aerial photography plan for national defense, security and other purposes as assigned by the Government.

5. Ministries, ministerial agencies, Governmental agencies and People's Committees of provinces shall prepare and launch the aerial photography plan upon the agreement with the Ministry of Natural Resources and Environment and provide the Ministry of Natural Resources and Environment with a copy of aerial photo data within 15 days from the day on which such plan is implemented.

Article 14. Remote sensing photo data

1. Remote sensing photo data is collected from the remote sensing satellite through the remote sensing data collecting station and remote sensing satellite control station of Vietnam and from foreign sources and stored, processed as well as provided for common use.

2. The Ministry of Natural Resources and Environment shall preside over the collection, processing and provision of remote sensing photo data and establish a national remote sensing photo database.

3. Ministries, ministerial agencies, Governmental agencies and People's Committees of provinces shall send requirements for use of remote sensing photo data to the Ministry of Natural Resources and Environment to reach an agreement on data collection.

4. This Article shall be elaborated by the Government.

Article 15. National geographical background database and national topographic map system

1. National geographical background database and national topographic map system shall be established uniformly throughout the country.

2. National geographical background database and national topographic map system include:

a) National geographical background database and national topographic maps on the large scale of 1:2.000, 1:5.000 and 1:10.000;

b) National geographical background database and national topographic maps on the medium scale of 1:25.000, 1:50.000 and 1:100.000;

c) National geographical background database and national topographic maps on the small scale of 1:250.000, 1:500.000 and 1:1.000.000

3. National geographical background database and national topographic maps of the mainland on the scale of 1:2.000 and 1:5.000 are made for urban area, urban development area, specific functional area and area requiring regional division planning and rural planning while national geographical background database and national topographic maps on the scale of 1:10.000 and smaller are made covering the mainland of Vietnam.

4. National geographical background database, national topographic maps and topographic maps of the seabed on the large scale are made for islands, archipelagoes, estuaries and seaports.  National geographical background database and national topographic maps of the seabed on the medium scale are made covering the internal water and territorial sea. National geographical background database and national topographic maps of the seabed on the small scale are made covering Vietnam’s sea areas.

Article 16. Establishing, operating and updating national geographical background database and establishing and updating national topographic map system

1. The Ministry of Natural Resources and Environment shall take responsibility to:

a) establish and update national geographical background database of the mainland on the scale of 1:10.000 and smaller;

a) establish and update national topographic map system of the mainland on the scale of 1:10.000 and smaller;

c) establish and update national topographic maps and database of islands and archipelagoes and topographic maps of the seabed on the scale of 1:10.000 and smaller;

d) operate national geographical background database under management

2. People’s Committees of provinces shall take responsibility to:

a) establish and update national geographical background database on the scale of 1:2.000 and 1:5.000 applied to mainland, islands, archipelagoes, estuaries and seaports under management;

b) establish and update national topographic maps on the scale of 1:2.000 and 1:5.000 applied to mainland, islands, archipelagoes, estuaries and seaports under management;

d) operate national geographical background database under management

d) submit proposal to the Ministry of Natural Resources and Environment for appraisal of necessity, scope and technical-technological solutions for the project and task of establishment of national geographical background database and national topographic maps prescribed in point a and b in this clause before the establishment.

dd) send a national geographical background database and national topographic maps prescribed in point a and b in this clause to the Ministry of Natural Resources and Environment

3. National geographical background database and national topographic map system must be updated sufficiently, accurately and timely in accordance with the Government regulations.

Article17. Surveying and mapping national boundaries

1. Surveying and mapping national boundaries means topographic and cartographic activities for planning, dividing, marking and managing national boundaries in accordance with the Law on National Boundaries.

2. Surveying and mapping national boundaries include:

a) Drawing a topographic map for planning, dividing and marking national boundaries;

b) Surveying and recording the division and marking results in the topographic map;

c) Establishing and updating a database of national boundary surveying and mapping;

d) Surveying, establishing and updating a set of standard maps of national boundaries;

dd) Topographic and cartographic activities for management of national boundaries

3. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public Security and People's Committees of provinces of localities in which national boundaries are marked in surveying and mapping those national boundaries.

Article 18. Marking national boundaries and territorial sovereignty

1. National boundaries and territorial sovereignty must be marked accurately on the topographic and cartographic products and map publications.

2. Organizations and individuals must use the standard map of national boundaries or boundary map provided by the Ministry of Natural Resources and Environment to accurately marking national boundaries and territorial sovereignty on topographic and cartographic products and map publications when surveying national boundaries and sovereignty in areas without any standard map of national boundaries.

3. The Ministry of Natural Resources and Environment shall take responsibility to:

a) preside over and cooperate with the Ministry of Foreign Affairs and Ministry of National Defense in submitting a set of standard maps of national boundaries to the Prime Minister for publication;

b) provide guidelines for marking national boundary lines and territorial sovereignty on topographic and cartographic products and map publications.

4. In case national boundaries are not yet divided, the Ministry of Foreign Affairs shall take responsibility to preside over and cooperate with the Ministry of Natural Resources and Environment and Ministry of National Defense in submitting a proposal for marking national boundaries on types of map to regulatory agencies for decision-making.

Article 19. Surveying and mapping administrative boundaries

1. Surveying and mapping administrative boundaries means topographic and cartographic activities for establishing discarding, merging, dividing and adjusting administrative boundaries, settling disputes regarding administrative boundaries and determining administrative boundaries.

2. Surveying and mapping administrative boundaries include:

a) Surveying and drawing maps for developing profiles of administrative units of various levels;

b) Surveying, adjusting and amending administrative boundary maps according to Resolution of National Assembly, the Standing Committee of National Assembly on establishing, discarding, merging, dividing and adjusting administrative boundaries; surveying and adjusting administrative boundaries suffering natural effects and effects from socio-economic development;

c) Establishing and updating a database of administrative boundary surveying and mapping;

d) Surveying for settling disputes relating to boundaries among various level administrative units

3. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Home Affairs and People’s Committees of provinces in carrying out the following tasks:

a) Tasks prescribed in point b and d in clause 2 in this Article for provincial administrative units;

b) Tasks prescribed in point c in clause 2 in this Article

4. People’s Committees of provinces shall carry out the following tasks:

a) Tasks prescribed in point a in clause 2 in this Article;

a) Tasks prescribed in point b and d in clause 2 in this Article for administrative units of district and commune levels

Article 20. Requirements, principles and cases regarding standardization of place names

1. Place name standardization means verification and unification of Vietnamese reading and spelling of place names.

2. Vietnamese and international place names must be standardized for uniform use.

3. Principles for place name standardization include:

a) Each geographical subject is only associated to a single place name;

a) Place names given must ensure the inheritance, universality and integration and respect beliefs and customs of the country as well as conform to linguistic rules;

c) Place names must be consistent with places regulated by laws or places specified in international agreements to which the Socialist Republic of Vietnam is a signatory

4. Cases of place name standardization include:

a) Place name given to a geographical location with various names or place names with different reading styles and spelling;

b) Arrival of new geographical subjects or changes in geographical subjects resulting in changes in the place names

5. Standardized place names must be turned into a database, updated and published for use.

Article 21. Responsibilities for place name standardization and use of standardized place names

1. The Ministry of Natural Resources and Environment shall preside over and cooperate with Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces in standardizing place names, unifying and issuing lists of standardized place names, establish, update and publish a database of standardized place names.

2. Ministries, ministerial agencies, Governmental agencies and People's Committees of provinces shall send place name standardization requirement and information on names of places under management to the Ministry of Natural Resources and Environment.

3. Standardized place names must be used accurately and uniformly by organizations and individuals when carrying out topographic and cartographic activities in consistent with each historical period.