Chương VIII Luật Đo đạc và bản đồ 2018: Quản lý Nhà nước về đo đạc và bản đồ

Chapter VIII

STATE MANAGEMENT IN TOPOGRAPHY AND CARTOGRAPHY

Article 57. Responsibilities of the Government, ministries and ministerial agencies

1. The Government shall unify the state management in topography and cartography nationwide.

2. The Ministry of Natural Resources and Environment shall play the role of a contact point assisting the Government in performing state management task in topography and cartography nationwide and take responsibility to:

a) preside over and cooperate with ministries and ministerial agencies in developing and submitting legislative documents, strategies, plans, programs or projects for topography and cartography to competent regulatory agencies for promulgation or promulgate the above-mentioned documents, as authorized, and provide guidelines for implementation of those plans, projects or programs.

b) formulate and issue national technical regulations, economic-technical restrictions on fundamental and specialized topography and cartography under management, submit national standards for topography and cartography under management to the Ministry of Science and Technology for appraisal then publish those standards and regulations.

c) propagate and convey the law on topography and cartography as well as supervise the compliance with such law;

d) perform topography and cartography tasks in accordance with provisions herein;

dd) establish, manage and operate topographic infrastructure works under management;

e) preside over the construction and management of national geographical space data infrastructure;

g) control the quality of topographic and cartographic products and quality of measurement instruments used in topographic and cartographic activities in accordance with the law provisions;

h) appraise the necessity, scope and technological-technical solutions for topographic and cartographic activities included in programs, projects or tasks funded by central government budget performed by ministries, ministerial agencies or Governmental agencies and appraise fundamental topography and cartography projects or tasks performed by People’s Committees of provinces;

i) manage, store and provide topographic and cartographic information, data and products;

k) manage the issuance of topography and cartography practicing certificates and topography and cartography licenses as well as manage topographic and cartographic activities carried out by organizations or individuals nationwide;

l) inspect, handle violations of laws and settle disputes and complaints about topography and cartography as authorized;

m) develop and implement plans or programs for topography and cartography training or broadening the knowledge of topography and cartography;

n) manage science research and technology development, train and develop human resources for topography and cartography;

o) preside over and cooperate with international organizations in topography and cartography;

p) send the Government annual reports on topographic and cartographic activities nationwide.

3. The Ministry of National Defense shall take responsibility to:

a) preside over the preparation of legislative documents on topography and cartography for national defense and submit those documents to the Government for promulgation or promulgate them as authorized;

b) manage topographic and cartographic activities for national defense;

c) manage and operate topographic infrastructure works for national defense, manage and secure topographic and cartographic information, data and products for national defense and security assurance;

d) manage and supervise aerial photography, collection of aerial photos for topography and cartography purposes and supervise topographic and cartographic activities in areas under management of the Ministry of National Defense;

dd) provide information and data to organizations and individuals engaged in socio-economic development in accordance with the law provisions;

e) perform other topography and cartography tasks assigned by the Government;

g) send annual reports on topographic and cartographic activities under management to the Ministry of Natural Resources and Environment which is then consolidated and submitted to the Government.

4. Other ministries and ministerial agencies shall take responsibility to:

a) prepare and issue national technical regulations and economic-technical restrictions on specialized topography and cartography under management after getting consent from the Ministry of Natural Resources and Environment, send national standards for topography and cartography under management to the Ministry of Science and Technology for appraisal then publish those standard as well as provide instruction on implementation and inspect such implementation;

b) manage and perform specialized topographic and cartographic activities as assigned or authorized in accordance with provisions herein and other relevant law provisions;

c) preside over the construction and management of national geographical space data infrastructure as authorized;

d) manage, store and provide topographic and cartographic information, data and products under management;

dd) send annual reports on topographic and cartographic activities under management to the Ministry of Natural Resources and Environment which is then consolidated and submitted to the Government.

Article 58. Responsibilities of People’s Committees of various levels

1. People’s Committees of provinces, as assigned and authorized, shall take responsibility to:

a) perform state management task in respect of topographic and cartographic activities under management, promulgate documents as authorized, provide guidelines for performance of topography and cartography tasks in accordance with provisions herein and other relevant law provisions, propagate and convey laws, provide instructions for compliance with the law on topography and cartography and supervise such compliance in their localities;

b) manage topographic infrastructure works as decentralized;

c) establish and manage national geographical space data infrastructure and topographic database as well as maps under management;

d) control quality of topographic and cartographic products under management;

dd) manage, store and provide topographic and cartographic information, data and products under management;

e) manage the issuance of topography and cartography practicing certificates and manage organizations or individuals engaged in topographic and cartographic activities in their localities;

g) inspect, handle violations of laws and settle disputes and complaints about topography and cartography as authorized;

h) send annual reports on topographic and cartographic activities under management to the Ministry of Natural Resources and Environment which is then consolidated and submitted to the Government.

2. People’s Committees of districts, as assigned and authorized, shall take responsibility to:

c) propagate and convey the law on topography and cartography as well as supervise the compliance with such law in their localities;

b) inspect, handle violations of laws and settle disputes and complaints about topography and cartography as authorized;

c) participate in management of topographic markers as decentralized by People’s Committees of provinces;

d) perform other state management tasks in respect of topography and cartography as decentralized or authorized by superior state management agencies.

3. People’s Committees of communes, as assigned and authorized, shall take responsibility to:

a) perform tasks prescribed in point a, b and d in clause 2 in this Article in their localities;

b) protect topographic markers as decentralized by People’s Committees of provinces.

Article 59. Inspection and handling of violations of the law on topography and cartography

1. With reference to topography and cartography inspection:

a) Natural resource and environment inspectors shall carry out specialized inspection regarding topography and cartography;

b) Organizations and individuals engaged in topographic and cartographic activities shall be subject to the topography and cartography inspection;

c) Topography and cartography inspection must be carried out in accordance with provisions herein, provisions of the Law on Inspection and other relevant law provisions.

2. With reference to handling of violations of the law on topography and cartography:

a) Ministers, Directors of ministerial agencies and Chairmen of People’s Committees of provinces shall carry out the inspection and handle violations of laws concerning eligibility and capacity of organizations and individuals engaged in topographic and cartographic activities as authorized;

b) Organizations and individuals violating the law on topography and cartography shall be subject to administrative penalties, discipline or face criminal charges according to nature and seriousness of their violation and must pay compensation if causing losses in accordance with the law provisions.