Chương V Luật Đo đạc và bản đồ 2018: Công trình hạ tầng đo đạc

Chapter V

TOPOGRAPHIC INFRASTRUCTURE WORKS

Article 35. Types of topographic infrastructure works

1. Topographic infrastructure works include fundamental and specialized topographic infrastructure works.

2. Fundamental topographic infrastructure works include:

a) National original topographic points;

b) National topographic markers;

c) National satellite positioning stations;

d) National remote sensing data collecting stations

3. Specialized topographic infrastructure works include:

a) Specialized fundamental topographic markers;

c) Specialized satellite positioning stations;

d) Specialized remote sensing data collecting stations

Article 36. Construction, operation and maintenance of topographic infrastructure works

1. Topographic infrastructure work funded by state budget must be constructed according to the plan and task approved by competent regulatory agencies and in compliance with the law provisions.

2. The State shall give land or lease land to organizations and individuals for construction of topographic infrastructure works in accordance with provisions of the Law on Land.

3. The Ministry of Natural Resources and Environment shall construct, operate and maintain works prescribed in point a, b and c in clause 2 in Article 35 herein, construct, operating and maintain works prescribed in point d in clause 2 in Article 35 herein as approved by the Prime Minister.

4. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall construct, operate and maintain works prescribed in point a and b in clause 3 in Article 35 herein after reaching agreement with the Ministry of Natural Resources and Environment.

5. Ministries, ministerial agencies, Governmental agencies shall construct, operate and maintain works prescribed in point c in clause 3 in Article 35 herein as approved by the Prime Minister.

6. Organizations and individuals may participate in investment, construction, management, operation and maintenance of topographic infrastructure works in accordance with provisions herein and other relevant law provisions.

7. After completing the construction of topographic marker, the investor is required to make a record transferring topographic marker and location map to People's Committees of communes in the presence of the land user and transfer the list associated with topographic marker location map People's Committees of provinces.

8. This Article shall be elaborated by the Government.

Article 37. Use of topographic markers

1. Before using the topographic marker, organizations and individuals are required to notify such use to People's Committee of commune of locality in which such marker is placed and must maintain as well as protect it from damage while using such marker.

2. Land users and owners of properties in areas where topographic markers are placed must not hinder organizations and individuals from using these topographic markers when performing legal topographic activity.

Article 38. Protection of topographic infrastructure works

1. Organizations and individuals shall take responsibility to maintain and protect topographic infrastructure works and timely inform local government authorities or competent agencies, organizations and individuals when discovering damage or destruction of topographic infrastructure works or risk of damage and destruction.

2. Topographic infrastructure works shall be surrounded by protective corridors and land use right within those protective corridors shall conform to provisions of the Law on Land.

Any construction, repair or reform of structures within the protective corridor of topographic infrastructure works that produces effects on such topographic infrastructure works must be notified to competent regulatory agencies by land users or owners of those structures.

3. Relocation or demolition of topographic infrastructure works due to requirement for socio-economic development, national defense and security must be approved by supervisory agencies of those topographic infrastructure works and organizations or individuals requiring relocation or demolition must pay compensation for losses in accordance with law provisions.

4. Responsibilities for protection of topographic infrastructure works shall be allocated as follows:

a) The Ministry of Natural Resources and Environment shall protect topographic infrastructure works prescribed in point a, c and d in clause 2 in Article 35 herein;

b) Ministries, ministerial agencies and Governmental agencies shall protect specialized topographic infrastructure works under management;

c) People’s Committees of provinces shall protect topographic infrastructure works under management and those prescribed in point b in clause 2 in Article 35 herein and cooperate with other agencies in protecting other topographic infrastructure works in localities.

d) Organizations and individuals shall protect topographic infrastructure works under their own management.

5. This Article shall be elaborated by the Government.