Nghị định 03/2019/NĐ-CP về hoạt động viễn thám

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 03/2019/ND-CP	Hanoi, January 4, 2019

 

DECREE

ON REMOTE SENSING ACTIVITIES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Surveying and Mapping dated June 14, 2018;

Upon the request of the Minister of Natural Resources and Environment,

The Government hereby promulgates the Decree on remote sensing activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the remote sensing image data acquisition system; the acquisition, storage, processing, provision, exploitation and use of remote sensing image data; the building of the remote sensing image database.

Article 2. Subjects of application

This Decree shall apply to entities, organizations and individuals involved in remote sensing activities within the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation

For the purposes of this Decree, terms used herein shall be construed as follows:

1. Remote sensing means the science and technology of studying and collecting information about geographic objects or targets without making physical contact with them.

2. Remote sensing image data means geographic object information and images obtained from remote sensing satellites.

3. Remote sensing activities means those activities relating to the remote sensing image data acquisition system; the acquisition, storage, processing, provision, exploitation and use of remote sensing image data; the building of the remote sensing image database.

4. Remote sensing image data acquisition infrastructure comprises remote sensing data collection stations and remote sensing satellite control stations.

5. Remote sensing products include remote sensing imagery data, radiometrically and geometrically corrected raw remote sensing image data, specialized information and data extracted from remote sensing images.

6. Remote sensing superdata means information describing remote sensing data and products, including contents, origins, quality and other related information.

Article 4. Principles of remote sensing activities

1. Remote sensing image data, superdata and products must be updated regularly, must be provided sufficiently, accurately and punctually to meet the requirements of socio-economic development, observation and monitoring of natural resources, environment, rescue, salvation, prevention and control of natural disasters, national defence and security.

2. Remote sensing image data collection infrastructure which is built by using the state budget funds shall be deemed as public assets, inherited, commonly used, managed and protected as per laws.

3. National remote sensing database must be maintained, operated and updated frequently in order to build and update the national geographic database, the topographic map and the national geospatial data, and must comply with laws on cybersecurity.

4. The central government’s budget shall provide ministries, ministry-level agencies and Governmental bodies with funds for exercise of the regulatory authority over remote sensing activities; building and operation of remote sensing data acquisition systems; acquisition, storage, processing, provision, exploitation and usage of remote sensing image data; building of remote sensing image databases.

5. The local government’s budget shall provide People's Committees of all levels with funds for exercise of the regulatory authority over remote sensing activities; acquisition, storage, processing, provision, exploitation and usage of remote sensing image data; building of remote sensing image data within their jurisdiction.

Article 5. List of preferred remote sensing science and technology activities

1. Conduct researches on scientific bases for improvement of remote sensing law and institution.

2. Research , apply and transfer high, advanced and innovative remote sensing technologies intended for basic surveys, management, monitoring and surveillance of mining and usage of natural resources and environmental protection, prevention, control and mitigation of consequences of natural disasters, response to climate change, rescue, salvation and remediation of environmental accidents and emergencies; take control of and manage territory, national defence, security, and give direction and administration over agricultural production activities; conduct basic earth researches.

Article 6. Applications of remote sensing image data

Remote sensing image data shall be exploited and used in the following activities:

1. Monitoring and observing environmental pollution, including soil and water pollution caused by domestic and industrial waste; air pollution caused by industrial and domestic gas emissions; environmental pollution caused by natural disasters, the spreading of hazardous minerals and mining activities; making statistical reports on greenhouse gas emissions.

2. Collecting information and data, analyzing, investigating, assessing and monitoring changes in natural resources and environment on a regular and irregular basis in order to produce reports used for performing the socio-economic development tasks; preventing and controlling natural disasters; monitoring drought, alerting bush fire, reporting on flood, rescue and salvation and responding to climate change; assessing current conditions of agricultural production.

3. Building and updating specialized maps and databases on current conditions of natural resources and environment, the reality of climate change; drawing geologic maps on different scales.

4. Updating the national geographical database and the national topographic map system.

5. Supporting national defence and security tasks.

Chapter II

REMOTE SENSING IMAGE DATA ACQUISITION SYSTEMS

Article 7. Remote sensing image data acquisition system

Remote sensing image data acquisition system shall be constituted by remote sensing satellites, remote sensing image data collection infrastructure, systems for storage and processing of remote sensing image data and networks for transmission of remote sensing image data.

Article 8. Remote sensing satellites

1. Remote sensing satellites are defined as artificial satellites equipped with remote sensors designed for collecting information about geographic entities.

2. The building and development of remote sensing satellites funded by the state budget for the purposes of supporting socio-economic development, national defence, security, managing natural resources and environment, preventing and controlling natural disasters, performing the tasks of rescue, salvation, responding to climate change must conform to the plan approved by the Prime Minister.

3. The governing body in charge of operating remote sensing satellites must periodically send annual reports on operation of remote sensing satellites and transmission of remote sensing satellite signals to the Ministry of Natural Resources and Environment for its consolidation of a final report submitted to the Government. Ad-hoc reports shall be made as requested in writing by the Ministry of Natural Resources and Environment.

4. Remote sensing satellites shall be built by using funds from the state budget must have the shoot time priority mode to provide data used for performing the tasks of maintenance of national defence, security, prevention and control of natural disasters, rescue and salvation activities.

Article 9. Construction of remote sensing image data acquisition infrastructure

1. Building remote sensing image data acquisition infrastructure by using the state budget allocations shall be subject to the following provisions:

a) Minister of Natural Resources and Environment shall undertake the construction of national remote sensing satellite control stations and national data collection stations within its jurisdiction in compliance with the Law on Public Investment and other relevant legislative documents on construction in force;

b) Ministers and Heads of Ministry-level agencies or Governmental bodies shall undertake the construction of specialized remote sensing satellite control stations and specialized data collection stations within their jurisdiction in compliance with the Law on Public Investment and other relevant legislative documents on construction in force.

2. Upon building remote sensing image data acquisition infrastructure, investors shall be responsible for implementing land assignment or rental procedures or using existing architectural structures for construction of remote sensing image data acquisition infrastructure, and identifying the safety corridors of remote sensing image data acquisition infrastructure in accordance with laws on land and other relevant legislation.

3. Upon developing plans for construction of remote sensing image data acquisition infrastructure, investors must apply for written consents from the Ministry of National Defense, the Ministry of Public Security and the Ministry of Information and Communications to locations and frequency bands of remote sensing data collection stations and remote sensing satellite control stations before appealing to the Prime Minister to seek his approval.

Article 10. Operation and maintenance of remote sensing image data acquisition infrastructure

1. The Ministry of Natural Resources and Environment shall take control of operation and maintenance of remote sensing image data acquisition infrastructure within its jurisdiction.

2. Ministries, ministry-level agencies and Governmental bodies shall take charge of operation and maintenance of specialized remote sensing image data acquisition infrastructure within their jurisdiction.

3. Operation of remote sensing image data acquisition infrastructure shall be subject to the following provisions:

a) Investors in construction of remote sensing image data acquisition infrastructure must prepare operational procedures for submission to competent regulatory authorities prescribed in clause 1 and clause 2 of this Article to seek their approval before bringing such infrastructure into operation or putting it to use;

b) If remote sensing image data acquisition infrastructure is currently in use without operational procedures, organizations authorized to operate such infrastructure shall be responsible for preparing operational procedures for submission to competent regulatory authorities prescribed in clause 1 and clause 2 of this Article to seek their approval.

4. Organizations and individuals authorized to operate and maintain remote sensing image data acquisition infrastructure must comply with operation and maintenance regulations in order to ensure that such infrastructure is in the normal working state in conformity with technical standards, regulations and construction designs.

5. Maintenance of remote sensing image data acquisition infrastructure is defined as combined activities that ensure and maintain the normal and safe operation of such infrastructure in conformity with design requirements during the period of use and operation thereof. Maintenance of remote sensing image data acquisition infrastructure shall include part or all of the following activities: inspection, monitoring and assessment of quality, care and repair of related construction works. Each remote sensing image data acquisition infrastructure must be operated according to maintenance procedures regulating steps and instructions for maintenance of remote sensing image data acquisition infrastructure. Procedures for maintenance of remote sensing image data acquisition infrastructure must be conformable to and integrated into operational procedures approved by competent regulatory authorities referred to in clause 1 and clause 2 of this Article.

Article 11. Organizations and individuals making investment in construction and operation of remote sensing data acquisition stations and remote sensing satellite control stations

Organizations and individuals granted permission to make investment in construction and operation of remote sensing data acquisition stations and remote sensing satellite control stations must comply with laws on investment; must protect interests of the State and other institutional and individual investors; must maintain national defence and security.

Article 12. Safety corridors of remote sensing image data acquisition infrastructure

1. Safety corridors of remote sensing image data acquisition infrastructure must be defined in the process of assigning or leasing land and assigning investors to manage, operate and use such infrastructure with the aim of ensuring that the infrastructure is under stable working conditions according to predetermined specifications and designs. The status quo of remote sensing image data acquisition infrastructure already built and currently operating in a stable manner before this Decree is promulgated shall be kept unchanged.

2. The installation of boundary markers used for determining and publicly disclosing boundaries of safety corridors of remote sensing image data acquisition infrastructure shall be subject to laws on land and boundaries of safety corridors of remote sensing image data acquisition infrastructure must be defined on cadastral maps provided in regulations in force.

3. Each safety corridor of remote sensing image data acquisition infrastructure shall extend within the distance equaling the 150-meter radius from the center point of a satellite dish.

4. Protection of safety corridors of remote sensing image data acquisition infrastructure

a) Construction of high-rise buildings or planting of perennials blocking in the line of sight of the dish, soil digging or backfilling and other activities performed within the safety corridors of remote sensing image data acquisition infrastructure shall be prohibited;

b) Planting trees or building construction works outside of safety corridors of remote sensing satellite control stations and remote sensing data collection stations (except geostationary satellite data collection stations), defined in clause 3 of this Article, may be permitted providing that the altitude of each tree or construction work does not exceed the angle of 2° (two degrees) formed by the line connecting the center point of a satellite dish to the apex of that tree or construction work and the horizontal surface crossing the center point of the satellite dish; c) Upon new construction of infrastructure using radio systems with broadcast ranges that may affect safety corridors of remote sensing image data acquisition infrastructure, such radio systems shall not cause harmful interferences in signals transmitted and received by remote sensing satellite control stations and remote sensing data collection stations;

d) Entities, organizations and individuals shall, subject to provisions laid down in this Article and other relevant laws, determine boundaries and safety corridors of remote sensing image data acquisition infrastructure within their jurisdiction.

Article 13. Responsibilities for protection of remote sensing image data acquisition infrastructure

1. Ministers, Heads of ministry-level agencies and Governmental bodies shall be responsible for promulgating regulations for and undertaking the protection of each remote sensing image data acquisition infrastructure within their jurisdiction.

2. Entities, organizations and individuals authorized to protect remote sensing image data acquisition infrastructure shall comply with regulations on protection of infrastructure of specific kinds.

3. If people discover any remote sensing image data acquisition infrastructure being intentionally damaged or discover safety corridors of any remote sensing image data acquisition infrastructure being infringed upon, they must promptly report to local authorities or competent entities, organizations or individuals.

Article 14. Relocation of remote sensing image data acquisition infrastructure

1. Remote sensing image data acquisition infrastructure shall be relocated in the following cases:

a) As to requirements for socio-economic development, maintenance of national defence and security, remote sensing image data acquisition infrastructure cannot continue to exist or is not working properly according to technical standards, regulations and specifications;

b) Such infrastructure is lost, damaged or moved to other locations due to impacts caused by natural conditions, natural disasters and other external factors;

c) Such infrastructure has expired, has no longer been valid or has been replaced by other remote sensing image data acquisition infrastructure.

2. Relocation of remote sensing image data acquisition infrastructure shall be subject to the following regulations:

a) Provincial-level People's Committees in collaboration with the Ministry of Natural Resources and Environment shall send written reports to the Prime Minister on relocation of remote sensing image data acquisition infrastructure to meet demands for socio-economic development, national defence and security and shall enclose decisions on approval of related projects;

b) After receipt of approval from the Prime Minister, provincial-level People’s Committees shall send written requests to ministries, ministerial-level agencies or Governmental bodies concerned for relocation of remote sensing image data acquisition infrastructure, enclosing decisions on approval of relevant socio-economic development, national defence and security projects;

c) Ministries, ministerial-level agencies or Governmental bodies in collaboration with provincial-level People's Committees shall consider, negotiate about and select new locations of remote sensing image data acquisition infrastructure;

d) Provincial-level People’s Committee shall prepare projects for relocation of remote sensing image data acquisition infrastructure for submission to ministries, ministerial-level agencies and Governmental bodies concerned to obtain their opinions before approval of these projects;

dd) Provincial-level People’s Committees in collaboration with ministries, ministerial-level agencies and Governmental bodies shall undertake the relocation of remote sensing image data acquisition infrastructure.

Article 15. Acquisition of remote sensing image data

1. Remote sensing image data may be collected from the following sources:

a) Remote sensing data acquisition stations of Vietnam;

b) Purchased, bartered data or data received as foreign aid.

2. The Ministry of Natural Resources and Environment shall be responsible for drawing up the annual or quinquennial plan for acquisition of remote sensing image data, based on reports on demands for these data submitted by ministries, ministerial-level agencies, Governmental bodies or provincial-level People’s Committees, and spontaneous duties assigned by the State.

3. Ministers, Heads of Ministry-level agencies or Governmental bodies shall undertake the collection of remote sensing image data from remote sensing data acquisition stations within their jurisdiction according to approved plans.

4. Buying remote sensing image data abroad (if any) by using the state budget funds shall be allowed after receipt of approval from the Ministry of Natural Resources and Environment in the following cases:

a) Remote sensing data acquisition stations of Vietnam and the national image database fail to meet requirements concerning data type, quantity, image quality and acquisition time limits;

b) Such purchase has not yet been specified in the approved remote sensing data acquisition plan.

Article 16. Processing of remote sensing image data

1. Level-0 (level zero) image data are defined as remote sensing images directly collected from remote sensing data acquisition stations and not yet being subject to any correction.

2. Raw image data are defined as level-0 (level zero) remote sensing image data which have been primarily processed to get rid of systematic errors of sensors and signal interference caused by atmospheric conditions.

3. Level-0 image data collected at remote sensing data acquisition stations of Vietnam must undergo quality assessment procedures before being processed. Level-0 image data meeting technical requirements must be processed to become raw image data.

Chapter III

REMOTE SENSING IMAGE DATABASE

Article 17. Building of the national remote sensing image database

1. National remote sensing image database is defined as the combination of remote sensing image data collected at the remote sensing data acquisition station, remote sensing image data purchased by using state budget funds, remote sensing superdata received from ministries, ministerial-level agencies, Governmental bodies, provincial-level People’s Committees, and remote sensing products already checked, assessed, managed and stored in a systematic manner.

2. National remote sensing image database must be updated regularly to serve users. In particular, high-resolution remote sensing image data shall be updated annually while super-resolution image data shall be updated on a quinquennial basis to cover the entire territory of Vietnam.

3. The Ministry of Natural Resources and Environment shall assume the following responsibilities:

a) Building and operating the national remote sensing image database;

b) Designing operational and control procedures for operation and maintenance of the national remote sensing image database;

c) Establishing the plan and budget for the regular, continuing and periodic update of contents of the national remote sensing image database;

d) Proposing and implementing uniform solutions to ensuring the high operational efficiency and availability of the database;

dd) Proposing and implementing data backup and security measures to ensure the integrity and safety for the national remote sensing image database.

4. Ministries, ministerial-level agencies, Governmental bodies and provincial-level People’s Committees shall be responsible for collecting, updating and using remote sensing information and image data within their respective jurisdiction in order to build the national remote sensing image database.

5. Remote sensing superdata and products integrated into the remote sensing image database must conform to technical standards, regulations and regulatory provisions already in force.

Article 18. Public disclosure of remote sensing superdata and postponement of public disclosure of national remote sensing superdata

1. Annual public disclosure of national remote sensing superdata

a) The annual report on public disclosure of national remote sensing superdata shall be made by using the Form No. 01 in the Appendix hereto;

b) The Ministry of Natural Resources and Environment shall update, consolidate and carry out the public disclosure of national remote sensing superdata prior to December 31 each year;

c) National remote sensing superdata shall be published periodically in writing on the Information Webpage or the Electronic Information Portal of the Ministry of Natural Resources and Environment linked to the Geospatial Information Portal of Vietnam.

2. Regular public disclosure of remote sensing superdata

a) The regular report on public disclosure of remote sensing superdata shall be made by using the Form No. 01 in the Appendix hereto;

b) Within duration of 30 working days of receipt of data from entities, organizations or individuals, ministries, ministerial-level agencies, Governmental bodies and provincial-level People’s Committees shall be responsible for publicly disclosing remote sensing superdata within their respective jurisdiction;

c) Remote sensing superdata shall be published regularly on the Information Webpages or the Electronic Information Portals of ministries, ministerial-level agencies, Governmental bodies and provincial-level People’s Committees.

3. In case of force majeure events (e.g. natural disasters, conflagration or warfare) that may arise, the public disclosure of national remote sensing superdata may be postponed.

4. The Ministry of Natural Resources and Environment shall be responsible for informing such postponement on its Electronic Information Portal and clearly stating reasons for such postponement.

5. The Ministry of Natural Resources and Environment shall be responsible for resuming the public disclosure of national remote sensing superdata promptly after force majeure events have already been remedied.

Chapter IV

STORAGE, PROVISION, EXPLOITATION AND USAGE OF REMOTE SENSING INFORMATION, IMAGE DATA AND PRODUCTS

Article 19. List of remote sensing information, data and products

1. Information about remote sensing image data acquisition systems.

2. Remote sensing image data.

3. Remote sensing image superdata.

4. Remote sensing information, data and products.

5. Information and data observed and monitored by using remote sensing technologies.

6. Information about remote sensing projects, schemes and assignments.

7. Remote sensing scientific research and technological development outcomes.

8. Legislative documents regarding remote sensing.

9. Technical standards and regulations regarding remote sensing.

10. Other remote sensing information, data and products specified in remote sensing projects, schemes, technical designs and cost estimates approved by competent entities.

Article 20. Transfer and safekeeping of remote sensing information, data and products

1. Remote sensing information, data and products obtained from remote sensing projects, schemes and assignments funded by the state budget must be transferred for safekeeping purposes by project or scheme investors in accordance with regulations in force. List of remote sensing information, data and products that need to be transferred shall be subject to remote sensing projects, schemes, technical designs and cost estimates approved by competent entities.

2. Remote sensing information, data and products obtained from remote sensing projects, schemes or assignments implemented by affiliates of the Ministry of Natural Resources and Environment shall be transferred for depositing purposes at the Department of National Remote Sensing under the control of the Ministry of Natural Resources and Environment within the maximum duration of 30 days from the date of completion of acceptance testing.

3. Remote sensing information, data and products obtained from remote sensing projects, schemes or assignments implemented by affiliates of the provincial-level People’s Committees shall be transferred for depositing purposes at the Departments of Natural Resources and Environment in provinces and centrally-affiliated cities; in addition, the list of remote sensing data and products already transferred shall be sent to the Department of National Remote Sensing under the control of the Ministry of Natural Resources and Environment within the maximum duration of 90 days from the date of completion of acceptance testing for synthesis and storage purposes.

4. Remote sensing information, data and products transferred by affiliates of ministries, ministerial-level agencies or Governmental bodies to their subordinate depository entities or organizations; in addition, the list of remote sensing data and products already transferred shall be sent to the Department of National Remote Sensing under the control of the Ministry of Natural Resources and Environment within the maximum duration of 90 days from the date of completion of acceptance testing for synthesis and storage purposes.

5. Remote sensing information, data and products transferred for safekeeping and depositing purposes must be checked, assessed and tested for quality control purposes in accordance with regulations adopted by the Ministry of Natural Resources and Environment.

6. Transferor entities and organizations must inform depository entities and organizations of the transfer of remote sensing information, data and products; within duration of 02 working days of receipt of the notification, depository entities and organizations shall be responsible for receiving and making delivery and receipt reports.

7. Depository entities and organizations shall be responsible for storing and keeping custody of remote sensing information, data and products as per laws on data storage and safekeeping, providing an adequate amount of facilities and equipment intended for storage, safekeeping of received data, and facilitating data exploitation and usage.

8. Entities and organizations shall be responsible for providing the Ministry of Natural Resources and Environment with remote sensing copy data and superdata purchased from abroad by using the state budget funds in order to integrate them into the national remote sensing image database within the maximum duration of 03 months after receipt of data from suppliers.

Article 21. Forms of exploitation and usage of remote sensing image data

Remote sensing information and image data shall be exploited and used in the following forms:

1. Accessing and using remote sensing information and image data available on the Information Webpages or the Electronic Information Portals, or connecting, logging in and sharing information with remote sensing databases of entities managing and providing remote sensing information and image data.

2. Accessing and using remote sensing information and image data by submitting written request forms.

3. Accessing and using remote sensing information and image data by entering into contracts between entities managing remote sensing information and image data, on one side, and parties accessing and using remote sensing information and image data, on the other side, as provided by laws.

Article 22. Exploitation and usage of remote sensing information and image data available on Information Webpages or Electronic Information Portals

1. In order to obtain permission to access, exploit and use remote sensing information and image data available on Information Webpages or Electronic Information Portals, organizations and individuals shall be obliged to sign up for and shall be granted the right for access to remote sensing information and image data from entities providing these remote sensing information and image data.

2. Organizations and individuals granted the access right shall be responsible for entering the correct login addresses and passwords; shall be prohibited from revealing these granted addresses and passwords.

3. Entities providing remote sensing information and image data shall assume the following responsibilities:

a) Enable organizations and individuals to have easy access to data; provide easy-to-use search tools that can show search results matching search questions;

b) Ensure that remote sensing information and image data formats are conformable to technical standards and regulations.

4. In case of temporarily suspending the online provision of remote sensing information and image data or other associated services, entities providing remote sensing information and image data shall assume the following responsibilities:

a) Issue the public notice of such temporary suspension within the maximum duration of 07 working days before proceeding to temporarily suspend the online provision of remote sensing information and image data or other related services for the purposes of repairing or troubleshooting errors, failures or upgrading or expanding information infrastructure. The public notice must clearly state the estimated time of restoration of the online provision of remote sensing information and image data or other services, unless unexpected events occur;

b) Take troubleshooting actions.

Article 23. Request forms for provision of remote sensing information and image data

1. Remote sensing information and image data exploited and used by submitting request forms shall be subject to the following provisions:

a) Organizations and individuals wishing to access and use remote sensing information and image data shall, based on the list of available remote sensing information and image data, prepare request forms (by using the Form No. 02 in the Appendix hereto) and submit them directly or by post or online to entities managing remote sensing information and image data;

b) Within 05 working days, entities managing remote sensing information and image data shall receive and check these request forms and inform financial obligations (if any) to requesting organizations or individuals. In case of refusal to provide remote sensing information and image data, reasons for such refusal must be clearly stated and informed in writing to requesting organizations or individuals;

c) After requesting organizations or individuals have managed to fulfill their financial obligations, entities managing remote sensing information and image data shall be responsible for providing a full amount of accurate remote sensing information and image data to requesting organizations and individuals.

2. Request form for provision of remote sensing information and image data shall include but not limited to the following information:

a) Name and address of the entity, organization or individual requesting provision of remote sensing information and image data;

b) List and contents of remote sensing information and image data that need to be provided;

c) Purposes of remote sensing information and image data;

d) Form of exploitation and usage of remote sensing information and image data, and method of notification of request processing results.

3. In case provision of classified remote sensing information, image data or products is requested, the request form submitted by an entity or organization must bear its head’s signature and stamped.

4. The request form submitted by a person must show full name, address and signature of the requesting person.

5. If the person wishing to access and use remote sensing information and image data is a foreigner living in Vietnam, the request form must be signed and stamped by the organization or enterprise where he/she is working; if the person wishing to access and use remote sensing information and image data is an expert or foreign intern working for a program or project of a ministry, sectoral administration or local authority, or studying at a training institution in Vietnam, the request form must be signed and stamped by the competent entity of that ministry, sectoral administration or local authority or that training institution (by using the Form No. 03 in the Appendix hereto).

Article 24. Rights and responsibilities of organizations and individuals accessing, exploiting and using remote sensing information and image data

1. Do not transfer remote sensing information and image data to third parties for their use, unless otherwise agreed upon in contracts with entities, organizations or individuals providing information and data, or permitted by competent entities.

2. Organizations and individuals accessing, exploiting and using remote sensing image data under the State ownership shall be liable for fees prescribed in laws on fees and charges.

3. Comply with laws on intellectual property.

4. Promptly inform entities managing remote sensing information and image data of errors in remote sensing information and image data already provided.

5. Have the right to file their complaints or accusations under laws in case their rights to access, exploit and use these information and data are breached.

Article 25. Provision of remote sensing information, image data and products to domestic organizations and individuals

1. Remote sensing information, image data and products shall be deemed as public property provided, accessed and used in the form of a copy or exported software. Organizations and individuals providing remote sensing information and image data shall be responsible for the origin of each copy.

2. Remote sensing information, image data and products shall be provided in order of preference upon the direct request of the leader of the Communist Party and the State or in case of emergencies or in support of national defence, security, rescue and salvation tasks.

3. Provision of classified remote sensing information, image data and products under the State ownership shall be subject to laws on protection of State secrets.

4. Organizations providing remote sensing information and image data shall be legally liable for the origin, accuracy and adequacy of remote sensing information and image data under their management.

Article 26. Management of quality of remote sensing products

1. The formulation, release, promulgation and application of national technical standards and regulations in the remote sensing sector shall be subject to laws on technical standards and regulations, and must ensure consistency, uniformity with and relevance to industrial development tendencies.

2. The Ministry of Natural Resources and Environment shall be responsible for setting national remote sensing standards for submission to the Ministry of Science and Technology for its assessment before enforcement; setting out national technical regulations on remote sensing for submission to the Ministry of Science and Technology for its pre-enforcement assessment.

3. Management of quality of remote sensing products:

a) Management of quality of remote sensing products shall be subject to laws on quality of products and commodities;

b) The inspection of quality of remote sensing products during the production stage shall be subject to national technical standards and regulations on remote sensing and approved technical designs;

c) Domestically-made or imported remote sensing products freely sold in the market must meet quality requirements set out in applied standards and technical regulations in the remote sensing field and other relevant legislative regulations;

d) Organizations and individuals shall be responsible for the results of monitoring and inspection of quality, and acceptance testing of remote sensing products;

dd) Organizations and individuals shall be obliged to publicly disclose applied standards and make the declaration of conformity of remote sensing products made by themselves;

e) Organizations and individuals shall be held legally liable for the quality of remote sensing product made by themselves.

Chapter V

RESPONSIBILITIES FOR REMOTE SENSING ACTIVITIES

Article 27. Responsibilities of the Ministry of Natural Resources and Environment

1. Bear responsibility to the Government for exercise the uniform state authority over remote sensing activities.

2. Promulgate or appeal to competent authorities to promulgate legislative documents, economic and technical norms in the remote sensing field and joint regulations on exploitation and usage of remote sensing data.

3. Assess information related to remote sensing image data acquisition systems; collect, store, process, provide, access, exploit and use remote sensing image data; apply and develop remote sensing technologies used in programs, projects, schemes and assignments by ministries, sectoral administrations and localities.

4. Perform remote sensing tasks under its management.

5. Manage the quality of remote sensing products.

6. Design and implement training and educational programs and plans to provide skills and knowledge in the remote sensing field.

7. Preside over and enter into international cooperation in the remote sensing sector.

8. Consolidate and publicly disclose remote sensing superdata in the national remote sensing image database.

9. Make general reports on demands for remote sensing image data of ministries, ministerial-level agencies, Governmental bodies or provincial-level People’s Committees on an annual or quinquennial basis and, based on spontaneous duties assigned by the State, draw up plans for collection of remote sensing image data.

10. Preside over the collection, storage, processing and provision of remote sensing image data; build and update the national remote sensing image database.

11. Build, manage, exploit and operate remote sensing image data acquisition infrastructure under its jurisdiction.

12. Inspect and audit compliance with laws on remote sensing and impose sanction on violations against laws on remote sensing within its jurisdiction.

Article 28. Responsibilities of ministries and ministry-level agencies and Governmental bodies involved

1. Undertake implementation of projects and schemes for application of remote sensing within their remit.

2. Carry out the management of quality of remote sensing products, keep custody of and provide remote sensing information and image data under their jurisdiction.

3. Send the Ministry of Natural Resources and Environment annual review reports on remote sensing activities under their jurisdiction.

4. Take responsibility for building, managing and operating remote sensing satellites, specialized remote sensing data acquisition stations and remote sensing satellite control stations within their remit; periodically send the Ministry of Natural Resources and Environment quarterly or ad-hoc reports.

5. Estimate demands for use of remote sensing image data within their remit on an annual or quinquennial basis and, based on spontaneous tasks assigned by the State, send them to the Ministry of Natural Resources and Environment for its consolidation and approval of collection of such data.

6. Collect, store and process remote sensing image data under their jurisdiction.

7. Bear responsibility for establishing technical safety and defensive corridors of remote sensing image data acquisition infrastructure under their jurisdiction as provided herein and other relevant laws.

8. Develop, update and public disclose remote sensing superdata in order to meet demands for access to and use of these superdata within their management.

Article 29. Responsibilities of provincial-level People’s Committees

1. Undertake implementation of projects and schemes for application of remote sensing within their remit.

2. Provide technical safety and defensive corridors of remote sensing image data acquisition infrastructure under their jurisdiction as provided herein and other relevant laws.

3. Estimate demands for remote sensing image data within their remit on an annual or quinquennial basis and, based on spontaneous tasks assigned by the State, send them to the Ministry of Natural Resources and Environment for its consolidation and approval of collection of such data.

4. Collect, store and process remote sensing image data under their jurisdiction.

5. Develop, update and publicly disclose remote sensing superdata to meet demands for exploitation and use of such data within their remit; provide the Ministry of Natural Resources and Environment with remote sensing copy data and superdata purchased from abroad by using the state budget funds in order to integrate them into the national remote sensing image database within the maximum duration of 03 months after receipt of data from suppliers.

6. Carry out the management of quality of remote sensing products, keep custody of and provide remote sensing information and image data under their jurisdiction.

7. Inspect, audit and handle violations arising from compliance with laws of organizations and individuals involved in remote sensing activities under their jurisdiction.

8. Send the Ministry of Natural Resources and Environment annual review reports on remote sensing activities under their jurisdiction.

Article 30. Review reports on remote sensing activities

1. Entities obliged to submit annual review reports on remote sensing activities shall include ministries, ministry-level agencies, Governmental bodies and provincial-level People’s Committees involved in remote sensing activities.

2. Reporting period shall range from January 1 to end of December 31 each year.

3. These reports shall be sent in the form of electronic documents with digital signatures of competent persons or paper documents signed and sealed by competent persons.

4. Responsibilities for preparing and sending review reports on remote sensing activities

a) Organizations involved in remote sensing activities under the management of ministries, ministerial-level agencies or Governmental bodies shall prepare review reports on remote sensing activities for submission to governing institutions within the maximum duration of 10 days after end of reporting periods;

b) Organizations involved in remote sensing activities under the management of provincial-level People’s Committees shall prepare review reports on remote sensing activities for submission to the Departments of Natural Resources and Environment within the maximum duration of 10 days after end of reporting periods for their consolidation of final reports to provincial-level People’s Committees;

c) Ministries, ministerial-level agencies, Governmental bodies and provincial-level People’s Committees shall be responsible for preparing review reports on remote sensing activities under their jurisdiction for submission to the Department of National Remote Sensing in care of the Ministry of Natural Resources and Environment within the maximum duration of 30 days from expiry dates of reporting periods;

d) The Department of National Remote Sensing shall be responsible for preparing review reports on remote sensing activities nationwide for submission to the Minister of Natural Resources and Environment to seek his/her signature before sending the Government within the maximum duration of 45 days from the expiry date of the reporting period.

5. In addition to carrying out the periodic reporting, as requested by entities accorded regulatory authority over remote sensing, related entities and organizations shall take responsibility for sending ad-hoc reports.

6. Entities and organizations shall be responsible for the accuracy of information and data included in review reports on their remote sensing activities.

Article 31. Management of remote sensing projects, schemes and assignments

Entities and organizations implementing remote sensing projects, schemes and assignments by using state budget funds in an annual and spontaneous manner, based on projects prepared under regulations in force, shall be responsible for reporting outcomes upon completion thereof to entities accorded regulatory authority over remote sensing activities.

Chapter VI

ENFORCEMENT AND IMPLEMENTATION PROVISIONS

Article 32. Entry into force

This Decree shall take effect on February 20, 2019.

Article 33. Implementation responsibilities

1. The Minister of Natural Resources and Environment, other Ministers, Heads of Ministry-level agencies, and Chairpersons of People’s Committees of provinces and centrally-affiliated cities, shall have the burden of providing instructions on implementation of articles and clauses herein.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, and Chairpersons of People’s Committees of centrally-affiliated cities and provinces, shall be responsible for implementing this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc