Circular No. 03/2007/TT-BTNMT guiding the management, storage, provision, and exploitation and utilization of surveying and mapping information and materials

CIRCULAR

Guidelines for managing, storing, providing and utilizing surveying and mapping information and materials

 and exploiting surveying and mapping information and materials

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Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 12/2002/NĐ-CP dated January 22, 2002 of the Government on surveying and mapping activities.

The Ministry of Natural Resources and Environment issues guidelines for managing, storing, providing and utilizing surveying and mapping information and materials:

I. GENERAL PROVISIONS

1. Scope of application and regulated subjects

1.1 This Circular stipulates the management, storage, provision, and utilization of surveying and mapping information and materials.

1.2 The provisions of this Circular apply to state agencies, organizations, and individuals engaged in the management, storage, provision, and utilization of surveying and mapping information and materials.

1.3 This Circular does not apply to surveying and mapping information and materials carried out by the Ministry of National Defense and the Ministry of Public Security for national defense and security purposes.

2. List of surveying and mapping information and materials

Surveying and mapping information and materials stored on traditional media and electronic devices include the following types:

2.1 Information and materials about the national reference system;

2.2 Information and materials about the national surveying data system;

2.3 Information and materials about the basic surveying point system;

2.4 Information and materials about aerial photography for surveying and mapping;

2.5 Information and materials about satellite imagery for surveying and mapping;

2.6 Information and materials about topographic maps, base maps, national boundary maps, land registry maps, administrative maps, comprehensive geographic maps, and other thematic maps;

2.7 Geographic databases and geographic information systems;

2.8 Standards, regulations, economic-technical norms, and product pricing related to surveying and mapping;

2.9 Results of research projects, programs, and topics in the field of surveying and mapping;

2.10 Secondary information and materials derived from the surveying and mapping information and materials mentioned in Points 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, and 2.9 of this Clause and integrated information and materials of surveying and mapping with other types of information and materials.

3. Principles for managing, storing, providing, and utilizing surveying and mapping information and materials

Surveying and mapping information and materials must be handed over after inspection and acceptance according to Clause 6, Section II of this Circular.

Management, storage, provision, and utilization of surveying and mapping information and materials shall be conducted in accordance with the State Secrets Protection Ordinance and the provisions of this Circular.

Surveying and mapping information and materials can only be provided and utilized in the form of copies or versions. In necessary cases, the original may be consulted upon permission from the head of the agency authorized to provide surveying and mapping information and materials as stipulated in Clause 11, Section III of this Circular.

The agency responsible for providing surveying and mapping information and materials must ensure the legality of copies or versions.

 II. MANAGEMENT OF SURVEYING AND MAPPING INFORMATION AND MATERIALS

4. Content of state management of surveying and mapping information and materials

4.1 Developing and implementing programs, plans, and projects on surveying and mapping information and materials.

4.2 Issuing, organizing, directing, and inspecting the implementation of legal normative documents and business guidance on managing, storing, providing, and utilizing surveying and mapping information and materials.

4.3 Establishing, changing, and declassifying state secrets for surveying and mapping information and materials for civilian purposes upon submission to competent state authorities for decision-making.

4.4 Organizing and directing the research and application of scientific and technological achievements in surveying and mapping management, storage, provision, and utilization activities.

4.5 Monitoring, guiding publication, distribution, exchange, export, and import of surveying and mapping information and materials.

4.6 Confirming the legality of surveying and mapping information and materials.

4.7 Organizing training and capacity building for officials, civil servants, and employees in the field of managing, storing, and providing surveying and mapping information and materials.

4.8 Inspecting, auditing, resolving disputes, complaints, and accusations, and handling violations of laws on managing, storing, providing, and utilizing surveying and mapping information and materials.

4.9 Cooperating domestically and internationally in surveying and mapping management, storage, provision, and utilization activities.

5. Hierarchical management of surveying and mapping information and materials

5.1 The Ministry of Natural Resources and Environment uniformly manages state affairs concerning surveying and mapping information and materials nationwide.

5.2 The Department of Surveying and Mapping under the Ministry of Natural Resources and Environment (hereinafter referred to as the Department of Surveying and Mapping) is responsible for:

a) Assisting the Minister in performing state management functions regarding surveying and mapping information and materials;

b) Directing and guiding business practices on managing, storing, providing, and utilizing surveying and mapping information and materials for provincial Departments of Natural Resources and Environment, Provincial Departments of Natural Resources and Environment and Land (hereinafter collectively referred to as Departments of Natural Resources and Environment);

c) Collecting, processing, storing, and providing surveying and mapping information and materials as specified in Points 2.1, 2.2, 2.3, 2.4, 2.6, 2.7, 2.8, and 2.9 of Clause 2, Section I of this Circular.

5.3 The Information Center under the Ministry of Natural Resources and Environment (hereinafter referred to as the Information Center) is responsible for:

a) Storing digital data of basic topographic maps, base maps, administrative maps, land registry maps, boundary maps, comprehensive geographic maps, and other thematic maps; digital aerial photographs and satellite images; electronic atlases; statistical, inventory, and summary materials on surveying and mapping according to regular schedules; submitted copies of technical procedures, regulations, economic-technical norms, and product pricing issued by the Ministry, project results, and research topic results after completion, various types of map publications according to the Ministry's classification;

b) Provide integrated and consolidated information and materials on surveying and mapping as stipulated in Point 2.10, Clause 2, Section I of this Circular to meet the needs of agencies, organizations, and individuals in accordance with the law.

5.4 The Remote Sensing Center under the Ministry of Natural Resources and Environment (hereinafter referred to as the Remote Sensing Center) shall be responsible for:

Collecting, processing, storing, and providing information and materials as stipulated in Point 2.5, Clause 2, Section I of this Circular.

5.5 The Department of Natural Resources and Environment shall be responsible for managing, storing, and providing information and materials on the basic survey point system; the topographic map system, basic cadastral map system, administrative map, other specialized maps; geographic information infrastructure and geographic information systems serving specific purposes of the locality.

5.6 Agencies for information and archives under Ministries, ministerial-level agencies, and government agencies (hereinafter collectively referred to as Ministries), People's Committees of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees) shall implement management, storage, and provision of specialized surveying and mapping information and materials according to the分级授权的职能部门。由于指令要求逐行精确翻译，且不能合并或拆分行，这里直接提供对应行的翻译：

6. Provisions on submission of surveying and mapping information and materials

6.1 Surveying and mapping information and materials as stipulated in Points 2.1, 2.2, 2.3, 2.4, 2.6, 2.7, 2.8, and 2.9, Clause 2, Section I of this Circular shall be submitted to the Surveying and Mapping Bureau.

6.2 Digital data of basic topographic maps, base maps, administrative maps, basic cadastral maps, boundary maps, comprehensive geographic maps, other types of specialized maps, digital aerial photographs, digital satellite images, various types of electronic atlases; statistical, inventory, and summary materials on surveying and mapping shall be submitted to the Information Center one (01) set; various types of publications of basic topographic maps, base maps, administrative maps, basic cadastral maps, boundary maps, comprehensive geographic maps, various types of specialized maps shall be submitted to the Information Center two (02) sets.

6.3 Information and materials on the satellite image system serving surveying and mapping shall be submitted to the Remote Sensing Center.

6.4 Surveying and mapping information and materials on the basic survey point system, geographic database, geographic information system, basic cadastral map system, administrative map, specialized maps within the province, centrally governed city shall be submitted to the Department of Natural Resources and Environment.

6.5 Ministries and Provincial People's Committees shall specify the procedures for submitting specialized surveying and mapping information and materials within their jurisdiction.

6.6 In addition to depositing copies for record-keeping as required, one (01) copy for retention shall be submitted to the Surveying and Mapping Bureau.

7. Submission procedures

7.1 Within no more than five (05) working days, the organization responsible for submitting surveying and mapping information and materials shall notify in writing the organization responsible for receiving such information and materials about the time, place, and method of submission.

7.2 The organization responsible for receiving surveying and mapping information and materials shall create favorable conditions regarding location and method of submission according to the agreed time between both parties.

7.3 The submission of surveying and mapping information and materials shall be recorded in a receipt or a warehouse entry form.

8. Preservation of information and materials

8.1 Surveying and mapping information and materials must be safely stored in archival warehouses.

8.2 Top secret and secret surveying and mapping information and materials must be stored in dedicated warehouses.

8.3 Standards for different types of warehouses and preservation regulations shall be established by Ministries and Provincial People's Committees in accordance with actual conditions while complying with the National Archives Law.

8.4 It is not permitted to store top secret and secret surveying and mapping information and materials in computer memory connected to the Internet or similar wide-area information networks.

8.5 For digital data, two (02) copies must be made and backed up every two (02) years.

9. Notification of information and materials

9.1 Ministries shall notify the Ministry of Natural Resources and Environment of the list of specialized surveying and mapping information and materials (including product type, implementation location, implementation time, investment capital, storage agency) within their jurisdiction by December 15 each year.

9.2 The agency entrusted by the Provincial People's Committee to manage, store, and provide surveying and mapping information and materials shall notify the Department of Natural Resources and Environment of the list of specialized surveying and mapping information and materials (including product type, implementation location, implementation time, investment capital, storage agency) within the jurisdiction of the Provincial People's Committee by December 15 each year.

9.3 The Department of Natural Resources and Environment shall report to the Ministry of Natural Resources and Environment on the list of specialized surveying and mapping information and materials (including product type, implementation location, implementation time, investment capital, storage agency) of the locality by December 31 each year; at the same time, issue a written notice and introduce on the provincial electronic information network the list of basic surveying and mapping information and materials currently stored in the Department and specialized surveying and mapping information and materials within the province.

9.4 Annually, the Surveying and Mapping Bureau shall take the lead in coordinating with the Information Center and the Remote Sensing Center to issue written notices and introduce on the national electronic information network the list of basic, specialized, and specialized-use surveying and mapping information and materials nationwide.

10. Destruction of information and materials

10.1 Annually, the head of the agency responsible for managing and providing surveying and mapping information and materials shall review and propose the destruction of outdated surveying and mapping information and materials, and prepare a report (including list, quantity, reasons for destruction) to submit to the competent state management agency for decision. The Minister of Natural Resources and Environment, Ministers of other Ministries, and Chairmen of Provincial People's Committees shall make the decision to destroy.

10.2 Survey and mapping information and materials that have lost their utility value are those information and materials that have been stored and used for at least ten (10) years, have been replaced by new information and materials, and are no longer useful for any other purpose.

10.3 Within thirty (30) working days from the date of receipt of the report, the competent state management agency shall decide on the destruction of survey and mapping information and materials; such agency shall examine and decide.

10.4 Within no more than fifteen (15) working days from the date of receipt of the decision on the destruction of survey and mapping information and materials, the agency responsible for storing and providing survey and mapping information and materials shall establish a committee to destroy such information and materials; the committee shall include representatives of the leadership of the managing agency, representatives of the leadership of the information storage agency, and representatives of the Ministry of Public Security responsible for directly supervising the sector. The members of the committee shall be decided by the Director of the National Mapping and Cartography Department, the leadership of the ministry, sector, or locality.

10.5 The destruction of survey and mapping information and materials that have lost their utility value must be carried out by burning, shredding, grinding into small pieces, dissolving with chemicals, and ensuring that they cannot be restored or replicated.

10.6 The destruction of survey and mapping information and materials that have lost their utility value must be documented; the file shall include:

a) A report on the destruction of survey and mapping information and materials that have lost their utility value;

b) A list, quantity, and reasons for the information and materials that have lost their utility value;

c) The decision on the destruction of information and materials that have lost their utility value issued by the competent state agency;

d) A record of the destruction of information and materials that have lost their utility value;

đ) Other related documents (if any);

10.7 The file on the destruction of survey and mapping information and materials that have lost their utility value must be kept by the agency responsible for storing and providing survey and mapping information and materials where the destroyed materials were located for a period of twenty (20) years from the date of destruction.

 III. PROVISION AND EXPLOITATION OF SURVEY AND MAPPING INFORMATION AND MATERIALS

11. Authority to provide survey and mapping information and materials

11.1 The National Mapping and Cartography Department provides and permits the exploitation and use of the following survey and mapping information and materials:

a) National reference system, national basic survey data system;

b) Basic survey point system;

c) Aerial topographic photography system;

d) Topographic map system, base map system;

đ) Administrative map;

e) Comprehensive geographic map, thematic map;

g) Geographic database and geographic information system;

h) Standards, regulations, economic-technical norms, product unit prices related to surveying and mapping;

i) Results of scientific and technological research projects, programs, and topics in the field of surveying and mapping under the management of the Ministry of Natural Resources and Environment.

11.2 The Information Center is provided with secondary information formed from the survey and mapping information mentioned in Points 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, and 2.9 Clause 2 Section I of this Circular and integrated information of survey and mapping information with other types of information.

11.3 The Remote Sensing Center is provided and permitted to exploit and use satellite image information for surveying and mapping purposes.

11.4 The Department of Natural Resources and Environment is provided and permitted to exploit and use survey and mapping information and materials for specialized purposes under its local management as follows:

a) Basic survey point system;

b) Topographic map system;

c) Administrative map;

d) Geographic database system and geographic information system.

11.5 Information and archival agencies under ministries, provincial People's Committees are provided and permitted to exploit and use specialized survey and mapping information and materials within their management scope.

12. Procedures for providing survey and mapping information and materials

12.1 The procedures for providing survey and mapping information and materials are as follows:

a) For published survey and mapping information and materials not within the scope of state secrets, the provision and exploitation shall be carried out as follows:

In case an agency or organization needs to use them, it must have an introduction letter from that agency or organization; the quantity provided shall be based on the usage need stated on the introduction letter;

In case an individual needs to use them, one (01) set will be provided and the individual must submit a request form according to Model No. 01 issued together with this Circular, and must present their identity card.

b) For survey and mapping information and materials not within the scope of state secrets but not published, the provision and exploitation shall be carried out upon receiving a formal letter requesting from the head of the agency or organization requiring the use;

c) For classified survey and mapping information and materials, the provision and exploitation shall only be carried out upon receiving a formal letter requesting from leaders at the following levels:

Deputy Minister level or equivalent within the Party, National Assembly, Government systems;

Central agencies of political-social organizations, social-professional organizations;

Departments under provincial People's Committees;

District, county, town, city-level People's Committees under provinces;

Enterprises when permitted by the leadership of the National Mapping and Cartography Department.

đ) Top-secret survey and mapping information and materials can only be provided upon receiving a formal letter requesting from the Minister, Head of a ministerial-level agency, agency under the Government, Chairman of the Provincial People's Committee, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuratorate, Director of the President's Office, heads of National Assembly agencies, heads of Central Committee of the Communist Party agencies, heads of political-social organizations;

đ) Procedures for providing specialized survey and mapping information and materials are regulated by ministries with specialized management functions;

e) Procedures for providing survey and mapping information and materials at the local level are regulated by the Chairman of the Provincial People's Committee.

12.2 The procedures for providing survey and mapping information and materials are carried out as follows:

a) The request for providing surveying and mapping information and materials shall only be valid for thirty (30) working days from the date of issuance and must clearly state the purpose of use, type of information and materials, and the quantity requested.

b) Within one (01) working day or at the latest on the following working day upon receipt of the request form, introduction letter, and a valid request for providing surveying and mapping information and materials, the agency responsible for providing surveying and mapping information and materials must fulfill the provision.

In cases where the volume of information and materials to be provided is too large to be supplied within the day or the following day, the agency responsible for providing surveying and mapping information and materials must notify specifically about the time of supply but not later than five (05) working days thereafter.

13. Rights and responsibilities of organizations and individuals exploiting and using surveying and mapping information and materials

13.1 They are permitted to take out of the country surveying and mapping information and materials that have been published but do not belong to the top secret or secret categories for use.

13.2 They are not allowed to take out of the territory of Vietnam surveying and mapping information and materials belonging to the top secret, secret, or non-published categories except in special cases approved by the competent authority as stipulated in the Ordinance on Protecting State Secrets.

13.3 They must pay the costs according to the regulations of the competent authority.

13.4 They are not allowed to copy or transfer to other organizations or individuals.

13.5 They must comply with regulations on protecting documents, protecting industrial property rights, and copyright.

IV. IMPLEMENTATION PROVISIONS

14. Effective Date

This Circular takes effect fifteen (15) days from the date of publication in the Official Gazette.

15. Responsibility for Implementation

15.1 The National Mapping Agency, Information Center, Remote Sensing Center under the Ministry of Natural Resources and Environment; Provincial Departments of Natural Resources and Environment; agencies responsible for managing, storing, and providing specialized surveying and mapping information and materials of provinces and centrally-administered cities; agencies responsible for managing, storing, and providing specialized surveying and mapping information and materials of ministries and sectors; organizations and individuals who need to use surveying and mapping information and materials are responsible for implementing this Circular.

15.2 The National Mapping Agency is responsible for inspecting the implementation of this Circular; conducting annual inspections on the handover, receipt, storage, and provision of surveying and mapping information and materials of Provincial Departments of Natural Resources and Environment.

15.3 The National Mapping Agency is responsible for inspecting the provision of surveying and mapping information and materials to units under the Ministry of Natural Resources and Environment.

16. Organization of Implementation

Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees of provinces and centrally-administered cities within their functions, tasks, and authorities are responsible for guiding, organizing, and supervising the implementation of this Circular.

Any difficulties encountered during the implementation process should be promptly reported to the National Mapping Agency for reporting to the Ministry of Natural Resources and Environment for resolution./.