Chương II Nghị định 03/2019/NĐ-CP về hoạt động viễn thám: Hệ thống thu nhận dữ liệu ảnh viễn thám

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.