Chương VI Luật Đo đạc và bản đồ 2018: Thông tin, dữ liệu, sản phẩm đo đạc và bản đồ; hạ tầng dữ liệu không gian địa lý quốc gia

Chapter VI

TOPOGRAPHIC AND CARTOGRAPHIC INFORMATION, DATA AND PRODUCTS AND NATIONAL GEOGRAPHICAL SPACE DATA INFRASTRUCTURE

Section 1. TOPOGRAPHIC AND CARTOGRAPHIC INFORMATION, DATA AND PRODUCTS

Article 39. Topographic and cartographic information, data and product system

1. The system of topographic and cartographic information, data and product includes:

a) Fundamental topographic and cartographic information, data and products;

b) Specialized topographic and cartographic information, data and products;

c) Results of science research and technology development in terms of topography and cartography;

d) Legislative documents on topography and cartography;

dd) Technical standards and regulations on topography and cartography

2. Fundamental topographic and cartographic information, data and products include:

a) Information and data on system of national original topographic points and national topographic nets;

b) Aerial photo data system and remote sensing photo data system;

c) National geographical background data and national topographic map products and data;

d) Data and products regarding surveying and mapping of national boundaries;

dd) Data and products regarding surveying and mapping of administrative boundaries;

e) Data and lists of place names

3. Specialized topographic and cartographic information, data and products include:

a) Information, data and products regarding specialized fundamental topographic net;

b) Information, data and products regarding topographic and cartographic activities for national defense;

c) Information, data and products regarding surveying and drawing of cadastral maps;

d) Information, data and products regarding surveying and drawing of administrative maps;

dd) Information, data and products regarding surveying and drawing of nautical charts;

e) Information, data and products regarding surveying and drawing of civil aviation maps;

g) Information, data and products regarding surveying and mapping of underground works;

h) Information, data and products regarding topographic and cartographic activities for preventing and fighting against natural disasters, rescuing, dealing with environmental incidents and climate change;

i) Information, data and products regarding map archives; information, data and products regarding surveying and drawing of other specialized maps

Article 40. Topographic and cartographic database

1. National topographic and cartographic database includes fundamental and specialized topographic and cartographic databases that are established and updated uniformly nationwide and connected to Vietnam geographical space portal.

2. Fundamental topographic and cartographic database is established from information, data and products prescribed in clause 2 in Article 39 herein.

3. Specialized topographic and cartographic database is established from information, data and products prescribed in clause 3 in Article 39 herein.

4. The Ministry of Natural Resources and Environment shall preside over the establishment, operation and update of national topographic and cartographic database as well as perform the following tasks:

a) Establishing, operating and updating fundamental and specialized topographic and cartographic databases under management;

b) Integrating topographic and cartographic database with specialized maps of Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces

5. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall establish, operate and update specialized topographic and cartographic databases under management and provide such database for the Ministry of Natural Resources and Environment to be integrated into national topographic and cartographic database.

Article 41. Storage, security, provision, exchange and use of topographic and cartographic information, data and products

1. Topographic and cartographic information, data and products shall be stored in accordance with provisions of the Law on Storage. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall store topographic and cartographic information, data and products under their management.

2. Topographic and cartographic information, data and products in the list of State secrets must be kept confidential and safely secured in accordance with the law provisions.

3. Topographic and cartographic information, data and products shall be provided as follows:

a) Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall provide topographic and cartographic information, data and products that are considered public properties under their management.

b) Organizations and individuals shall provide topographic and cartographic information, data and products funded by those organizations and individuals themselves;

c) Agencies, organizations and individuals shall take legal responsibility for origin and accuracy of topographic and cartographic information, data and products provided themselves;

d) Agencies, organizations and individuals must certify the copy of topographic and cartographic information, data and products and digital maps provided themselves; Certified copies of topographic and cartographic information, data and products and digital maps are considered as valid as the original.

dd) Topographic and cartographic information, data and products provided widely include lists of topographic and cartographic information, data and products, topographic marker notes, set of standard maps of national boundaries, data on administrative boundaries, hydrology, traffic, residents, vegetation, place names, administrative maps and other topographic and cartographic information, data and products not in the list of State secrets.

4. Topographic and cartographic information, data and products shall be exchanged with international organizations, foreign organizations or foreigners as follows:

a) Topographic and cartographic information, data and products not in the list of State secrets may be exchanged with international organizations, foreign organizations or foreigners.

a) Topographic and cartographic information, data and products in the list of State secrets may be exchanged with international organizations, foreign organizations or foreigners in accordance with provisions in international agreements to which the Socialist Republic of Vietnam is a signatory or as approved by competent regulatory agencies.

5. Topographic and cartographic information, data and products shall be used as follows:

a) Organizations and individuals using topographic and cartographic information, data and products must comply with the law provisions;

b) Topographic and cartographic information, data and products used in programs, planning, plans or projects for socio-economic development must have clear origin;

c) Organizations and individuals using topographic and cartographic information, data and products that are considered public properties must pay charges in accordance with the law provisions; however; charge remission shall be applied if those information, data and products are used for national defense, security, preventing and fighting against natural disasters as regulated by laws.  

6. Organizations and individuals using topographic and cartographic information, data and products provided by other agencies are encouraged to provide new update on these information, data and products for those agencies.

7. This Article shall be elaborated by the Government.

Article 42. Intellectual property right regarding topographic and cartographic information, data and products

1. Topographic and cartographic information, data and products funded by state budget are under ownership of the country people in which the State exercises rights and obligations of the owner on behalf of the country people.

2. The copyright on topographic and cartographic information, data and products shall be consistent with provisions of the Law on Intellectual Property.

Section 2. NATIONAL GEOGRAPHICAL SPACE DATA INFRASTRUCTURE

Article 43. General regulations on national geographical space data infrastructure

1. National geographical space data infrastructure means a collection of policies, regulatory and institutional framework, standards, technologies, data and human resources for the purpose of sharing and using efficiently geographical space data throughout the country.

2. National geographical space data infrastructure must ensure geographical space data is standardized, fully collected from ministries, local authorities, organizations and individuals and regularly updated for meeting requirements for state management, socio-economic development, national defense and security assurance, preventing and fighting against natural disasters, rescuing and dealing with environmental incidents as well as climate change, help to improve people's knowledge, facilitate provision of public services and ensure the capacity to connect with regional and international geographical space data infrastructure.

3. Provision, exchange and use of geographical space data must not cause harm to benefits of the country and people, legal rights and benefits of organizations and individuals.

Article 44. Establishment of national geographical space data infrastructure

1. Establishment of national geographical space data infrastructure includes:

a) Designing a strategy development and plan for establishment of national geographical space data infrastructure;

b) Formulating a policy and creating resources for implementing the strategy or plan for development of national geographical space data infrastructure;

c) Selecting and developing technologies and establishing technical standards and regulations in respect of national geographical space data infrastructure;

d) Establishing and integrating geographical space data;

dd) Establishing and operating Vietnam geographical space portal and geographical space data applications or services

2. The Prime Minister shall preside over and coordinate the establishment of national geographical space data infrastructure.

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

a) preside over and cooperate with ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces in submitting the development strategy and plan for establishment of national geographical space data infrastructure to the Government for approval.

a) preside over and cooperate with ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces in integrating national geographical space data, establish and operate Vietnam geographical space portal.

4. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall implement development strategy and plan for establishment of national geographical space data infrastructure as authorized.

5. Organizations and individuals may be engaged in establishment and development of national geographical space data in accordance with the law provisions.

6. This Article shall be elaborated by the Government.

Article 45. National geographical space data

1. National geographical space data includes frame data and specialized data.

2. Frame data means data used as foundation for establishing national geographical space data. Frame data includes:

a) Data on system of national topographic points and national topographic nets;

b) National geographical background data and national topographic map data;

c) Aerial photo data and remote sensing photo data;

d) Data on standard maps of national boundaries;

dd) Data on maps of administrative boundaries;

e) Data on place names;

g) Data prescribed in clause 3 in this Article by the Government.

3. Specialized data means data that is commonly used. Specialized data includes the following fundamental groups:

a) Cadastral data;

b) Existing land use map data;

c) Water resource investigation and assessment map data;

d) Geologic map data;

dd) Soil map data;

e) Interactive forest map data;

g) Underground work map data;

h) Civil aviation map data;

i) Data on nautical charts of port waters, sea lanes, navigable channels and sea areas;

k) Data on maps for preventing and fighting against natural disasters, rescuing and dealing with environmental as well as climate change;

l) Traffic map data;

m) Data on maps of national, regional and provincial planning, planning for specially-graded economic-administrative units, urban and rural planning;

n) Groups of other specialized map data regulated by the Government for ensuring the consistency in national geographical space data and meeting state management requirement in each period.

4. Frame data and specialized data are described in the form of metadata. Metadata includes the following groups of information:

a) Scope, time, organization and individual establishing, updating and storing data;

b) Conformity with applicable technical standards and regulations;

c) Data quality and validity;

d) Methods for accessing, exchanging and using data and services concerning geographical space data

Article 46. National geographical space data services

1. Services regarding national geographical space data include sharing, converting, analyzing, integrating, searching and downloading the data.

2. Services regarding national geographical space data shall be provided through Vietnam geographical space portal.

Article 47. Use of national geographical space data

1. Agencies, organizations and individuals must utilize national geographical space data when using funding from state budget to plan the policy, develop strategy, planning, plan, program or project for socio-economic development, national defense and security as well as perform other activities serving state management.

2. Agencies, organizations and individuals are encouraged to use national geographical space data for production, business purposes and other activities.

Article 48. Vietnam geographical space data portal

1. Vietnam geographical space portal means a portal allowing access to national geographical space data and providing relevant information and services on network environment.

2. Vietnam geographical space portal must be established and operated in such a way that agencies, organizations and individuals could easily get access to such portal and published national geographical space data is always available.

3. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces must link national geographical space data prescribed in Article 45 herein with Vietnam geographical space portal.

Section 3. MAP PUBLICATION

Article 49. Requirements for map publication

1. Maps and products bearing map photos must be published in accordance with provisions herein and the Law on Publication as well as other relevant law provisions.

2. Map publications must accurately show territorial sovereignty, national boundaries and administrative boundaries.

Article 50. Map publication activity

1. The Ministry of Natural Resources and Environment shall publish system of national topographic maps and specialized maps for state management as regulated.

3. Organizations and individuals shall publish maps not prescribed in clause 1 and 2 in this Article.