Chương VII Luật Đo đạc và bản đồ 2018: Điều kiện kinh doanh dịch vụ đo đạc và bản đồ; quyền, nghĩa vụ của tổ chức, cá nhân hoạt động đo đạc và bản đồ

Chapter VII

CONDITIONS FOR PROVIDING TOPOGRAPHIC AND CARTOGRAPHIC SERVICES AND RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS ENGAGED IN TOPOGRAPHIC AND CARTOGRAPHIC ACTIVITIES

Article 51. Topography and cartography licenses

1. Organizations providing topographic and cartographic services in the list of topographic and cartographic activities subject to licensing may be licensed for topography and cartography in accordance with the Government regulations.

2. Each organization may be licensed for one or more than one topographic and cartographic service in the list of topographic and cartographic activities subject to licensing. A topography and cartography license is valid nationwide for at least 5 years, and may be extended.

The license granted to the foreign contractor must present the effective scope and have duration determined according to the duration of performance of topographic and cartographic activities in the contract package.

3. Eligible domestic organizations and foreign contractors prescribed in Article 52 herein may be licensed for topography and cartography by competent regulatory agencies.

4. Additional topographic and cartographic activities may be included in the granted topography and cartography license as required by eligible organizations.

5. A topography and cartography license may be re-issued if being lost, torn or damaged or when the licensed organization requires for adjustments to information stated in such license.

6. A topography and cartography license may be revoked if the licensed organization or individual:

a) deletes or falsifies information in the license;

b) counterfeits the application for topography and cartography license;

c) commits prohibited acts in topographic and cartographic activities prescribed in clause 1, 4, 6 and 7 in Article 6 herein;

d) fails to meet requirements prescribed in Article 52 herein and relapses into criminal behavior after penalties for administrative violations have been imposed.

dd) Other cases in accordance with the law provisions

7. Specialized supervisory agencies of topography and cartography affiliated to the Ministry of Natural Resources and Environment may issue, extend, amend, re-issue and revoke topography and cartography licenses.

8. The Government shall regulate time, application, order and procedure for issuing, extending, amending, re-issuing and revoking topography and cartography licenses.

Article 52. Conditions for granting topography and cartography licenses

1. An organization may be licensed for topography and cartography when fully satisfying the following conditions:

a) Being an enterprise or a service provider performing topography and cartography tasks;

b) Having a topographic and cartographic technician who holds a tertiary or higher degree in topography and cartography and has at least 5-year-experience in the subject that is consistent with at least one matter included in topographic and cartographic activities or gains a first-class topography and cartography practicing certificate prescribed in Article 53 herein and must not be in charge of topographic and cartographic techniques in other organizations at the same time;

c) Having the number of topographic and cartographic technicians meeting requirement for performing activities requiring license in accordance with the Government regulations;

d) Having topographic and cartographic instruments, equipments and technologies conformable to regulations in economic-technical restrictions on topography and cartography for the purpose of creating one topographic and cartographic product included in the activities requiring the license.

2. A foreign contractor may be licensed for topography and cartography by the specialized supervisory agency of topography and cartography affiliated to the Ministry of Natural Resources and Environment when fully satisfying the following conditions:

a) Receiving the bid winner decision or contractor selection by the investor in which topographic and cartographic activities are included; and

b) Having topographic and cartographic technicians, instruments, equipments and technologies conformable to the winning bid or selected bid

Article 53. Topography and cartography practicing certificate

1. Topography and cartography practicing certificate means a document verifying the practicing capacity granted by competent authorities to eligible individual prescribed in clause 3 in this Article and is valid nationwide.

2. Each issued topography and cartography practicing certificate is applied to one or more than one activity in the list of topography and cartography practice; any Vietnamese citizen solely practicing topography and cartography must possess a practicing certificate suitable to the job performed and each certificate is valid for at least 5 years and may be extended.

3. A topography and cartography practicing certificate may be issued if a person:

a) has legal capacity in accordance with the law provisions; and

b) has professional qualifications and experience of the job conformable to the one requiring practicing certificate; and

c) has sat an examination on professional experience and law concerning the job requiring practicing certificate.

4. Topography and cartography practicing license are divided into the two following class:

a) First-class honor shall be conferred to the person possessing a tertiary or higher degree and having participated in topographic and cartographic activities for at least 5 consecutive years as well as fully meeting requirements prescribed in clause 3 in this Article;

a) Second-class honor shall be conferred to the person possessing a tertiary or higher degree and having participated in topographic and cartographic activities for at least 2 consecutive years and the person possessing a vocational diploma of intermediate or college level who has at least 3-year-experience of topography and cartography and fully satisfy requirements prescribed in clause 3 in this Article.

5. The authority to hold examination, issue, re-issue and revoke the topography and cartography practicing certificate:

a) Specialized supervisory agencies of topography and cartography affiliated to the Ministry of Natural Resources and Environment may hold the examination, issue, re-issue and revoke first-class topography and cartography practicing certificates.

b) Specialized agencies of natural resources and environment affiliated to People's Committees of provinces may hold the examination, issue, extend, re-issue and revoke second-class topography and cartography practicing certificates.

6. Confirmation of topography and cartography practicing certificates between Vietnam and other countries shall comply with provisions in international contracts or international agreements to which the Socialist Republic of Vietnam is a signatory.

7. A topography and cartography practicing certificate may be re-issued if being lost, torn or damaged or when the person receiving such certificate requires adjustments to information stated in the certificate.

8. A topography and cartography practicing certificate shall be revoked in case the person receiving such certificate commits prohibited acts in topographic and cartographic activities prescribed in Article 6 herein.

9. The Government shall issue the list of topography and cartography practice and regulations on examination on professional experience and laws as well as regulations on time, application, order and procedure for issuing, extending, re-issuing and revoking the topography and cartography practicing certificate.

Article 54. Information on organizations and individuals engaged in topographic and cartographic activities  

1. Information on organizations licensed for topography and cartography and individuals receiving topography and cartography practicing certificates may be posted on the portal of the Ministry of Natural Resources and Environment.

2. Information on organizations licensed for topography and cartography whose head offices are located in provinces or centrally-affiliated cities and information on individuals receiving topography and cartography practicing certificates from specialized agencies of natural resources and environment affiliated to People's Committees of provinces may be posted on the portal of People’s Committees of provinces.

3. The Government shall stipulate time for publishing the above-mentioned information.

Article 55. Rights and obligations of organizations engaged in topographic and cartographic activities

1. Any organization engaged in topographic and cartographic activities is entitled to:

a) carry out topographic and cartographic activities in accordance with provisions herein;

b) participate in formulation of the policy and law on topography and cartography;

c) cooperate with domestic or foreign organizations and persons in topography and cartography in accordance with the law provisions;

d) exercise other rights in accordance with the law provisions.

2. Any organization engaged in topographic and cartographic activities is obliged to:

a) submit reports as regulated by the Government;

b) comply with the request for inspection by competent regulatory agencies;

c) comply with provisions herein and other relevant law provisions.

Article 56. Rights and obligations of individuals solely practicing topography and cartography profession

1. Any individual solely practicing topography and cartography profession is entitled to:

a) practice topography and cartography in accordance with provisions herein;

b) participate in formulation of the policy and law on topography and cartography;

c) cooperate with domestic or foreign organizations and persons in topography and cartography in accordance with the law provisions;

d) exercise other rights in accordance with the law provisions.

2. Any individual solely practicing topography and cartography profession is obliged to:

b) comply with the request for inspection by competent regulatory agencies;

c) comply with provisions herein and other relevant law provisions.