Decision No. 05/2004/QD-BTNMT Issuing the Regulation on Registration and Issuance of Surveying and Mapping Licenses

Pursuant to …;

Issuing the Regulation on Registration and Issuance of Surveying and Mapping Business Licenses

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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

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;

At the proposal of the Director of the National Mapping Agency and the Head of the Legal Department,

Pursuant to …;:

Article 1. This Decision promulgates the Regulation on Registration and Issuance of Surveying and Mapping Business Licenses attached hereto.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 656/QĐ-ĐC dated November 4, 1997 of the Director General of the Land Administration Department on the issuance of the "Regulation on Registration and Practice of Surveying and Mapping."

Article 3.The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities, and organizations and individuals concerned are responsible for implementing this Decision.

REGULATIONS

Registration and Issuance of Surveying and Mapping Business Licenses

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(issued together with Decision No. 05/2004/QĐ-BTNMT dated May 4, 2004 of the Minister of Natural Resources and Environment)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation provides for conditions, procedures, formalities, authorities for registration, issuance, extension, and supplementation of surveying and mapping business licenses.

Article 2. Applicability

1. State management agencies for surveying and mapping and other related agencies.

2. Organizations and individuals engaged in surveying and mapping activities on land, airspace, and territorial waters under the sovereignty and jurisdiction of the Socialist Republic of Vietnam.

Article 3. Principles of Registration and Issuance of Surveying and Mapping Business Licenses

1. All surveying and mapping activities specified in Article 4 of Decree No. 12/2002/NĐ-CP dated January 22, 2002 of the Government on surveying and mapping activities must be registered or must be issued a surveying and mapping business license.

2. Registration or issuance of a surveying and mapping business license shall be carried out after the organization has a decision on its functions and tasks in surveying and mapping activities; economic organizations have a business registration certificate or investment permit as prescribed by law.

3. Organizations and individuals engaged in surveying and mapping activities may only carry out activities according to the contents registered or recorded in the business license.

4. During the course of operation, if organizations and individuals need to expand the scale or scope of surveying and mapping activities, they may apply for supplementary registration or have the content of the business license supplemented.

Article 4. Responsibilities of the Agency Managing Registration and Issuance of Surveying and Mapping Business Licenses

1. Provide sample registration forms; application forms for issuing, reissuing, and extending business licenses as prescribed.

2. Organize registration or review issuance of surveying and mapping business licenses as prescribed.

3. Maintain records of registration and issuance of surveying and mapping business licenses.

4. Periodically and randomly inspect the implementation of registration and surveying and mapping activities of organizations and individuals; identify violations and handle them within their authority or propose handling according to the provisions of the law.

5. Send copies of the registration or business license for surveying and mapping activities to organizations and individuals who have registered or been issued a business license. The Surveying and Mapping Department under the Ministry of Natural Resources and Environment (hereinafter referred to as the Surveying and Mapping Department) shall notify in writing the Department of Natural Resources and Environment where the organizations and individuals have their headquarters to monitor and inspect.

6. Annually, the Department of Natural Resources and Environment shall report to the People's Committee of the province or centrally governed city and the Surveying and Mapping Department on the situation of registration of surveying and mapping activities within their respective jurisdictions; the Surveying and Mapping Department shall report to the Minister of Natural Resources and Environment on the situation of registration of surveying and mapping activities nationwide. Reports shall be prepared according to Form No. 2 attached to this Regulation.

Article 5. Responsibilities of organizations and individuals registering and requesting issuance of surveying and mapping operation licenses.

Organizations and individuals registering or requesting issuance of surveying and mapping operation licenses shall have the following responsibilities:

1. Submit the registration form or application dossier for surveying and mapping operation license to the competent state agency as prescribed.

2. Bear responsibility for the contents registered or the contents of the application dossier for surveying and mapping operation license.

3. Pay fees as prescribed by law.

Chapter II

REGISTRATION OF SURVEYING AND MAPPING OPERATIONS

Article 6. Scope of Registration of Surveying and Mapping Operations

Surveying and mapping activities not provided for in Article 10 of this Regulation must be registered with the competent state agency as prescribed in Article 8 of this Regulation.

Article 7. Conditions for Registration of Surveying and Mapping Operations

1. Domestic organizations registering surveying and mapping operations must meet the following conditions:

a) Have a decision on establishment issued by the competent state agency, which includes provisions on the functions and tasks related to surveying and mapping operations for public institutions; have a business registration certificate for surveying and mapping operations for economic organizations;

b) Have a number of technical staff in surveying and mapping operations commensurate with the staffing norms prescribed in the Economic and Technical Standards for Surveying and Mapping Operations to implement one (1) product of surveying and mapping operations within the scope of registration;

c) Have a number of technical equipment and technologies in surveying and mapping operations commensurate with the equipment machinery norms prescribed in the Economic and Technical Standards for Surveying and Mapping Operations to implement one (1) product of surveying and mapping operations within the scope of registration.

2. Foreign-invested enterprises and foreign investors participating in joint venture contracts under foreign investment laws in Vietnam (collectively referred to as foreign-invested enterprises) registering surveying and mapping operations must have an investment permit from the competent Vietnamese state agency and must meet the conditions prescribed in points b and c of Clause 1 of this Article.

3. Individuals registering surveying and mapping operations must meet the following conditions:

a) Hold a bachelor's or associate degree or a specialized secondary school diploma in surveying and mapping;

b) Meet the conditions prescribed in point c of Clause 1 of this Article.

Individuals may only register surveying and mapping operations not provided for in Article 10 of this Regulation and such operations must be carried out by one (1) individual.

Article 8. Competent Authority for Registration of Surveying and Mapping Operations

1. The National Cartographic and Geospatial Agency shall organize the registration of surveying and mapping operations for organizations and individuals engaged in surveying and mapping operations under ministries; agencies at the level of ministries; government agencies; central agencies of political organizations, political-social organizations, and social-professional organizations; State-owned enterprises established by a decision of the Prime Minister; foreign organizations; and joint ventures with foreign partners.

2. Provincial Departments of Natural Resources and Environment shall assist provincial People's Committees and municipal People's Committees directly under the Central Government in organizing the registration of surveying and mapping operations for organizations and individuals engaged in surveying and mapping operations not covered by the cases stipulated in Clause 1 of this Article.

Article 9. Procedures for registering surveying and mapping activities

1. Organizations and individuals registering surveying and mapping activities shall prepare two (2) copies of the registration form according to Model No. 1 attached to this Regulation and submit them to the competent authority for registration as stipulated in Article 8 of this Regulation.

2. Upon receiving a valid registration form, the competent state agency shall complete the confirmation of the registration of surveying and mapping activities on the same day, at the latest by the next working day, and send one (1) copy of the confirmed registration of surveying and mapping activities to the organization or individual that has registered; in cases where the registration is not accepted, they must notify the organization or individual in writing of the reasons.

Chapter III

LICENSE FOR SURVEYING AND MAPPING ACTIVITIES

Article 10. List of Surveying and Mapping Activities Requiring a License

1. Surveying, project planning, technical design - cost estimate for surveying and mapping projects.

2. Quality inspection of surveying and mapping works and products.

3. Establishment of national coordinate and elevation grids.

4. Establishment of fundamental geodetic point systems for gravity, astronomical, satellite, and depth measurements.

5. Aerial photography of the earth's surface.

6. Surveying and drafting topographic maps with scales from 1/50,000 to 1/10,000.

7. Surveying and drafting topographic maps with scales of 1/2,000 and 1/5,000.

8. Surveying and drafting seabed topographic maps with various scales.

9. Surveying and drafting basic cadastral maps with various scales.

10. Surveying and drafting cadastral maps with various scales.

11. Surveying and drafting administrative boundary maps at various levels.

12. Compilation of nationwide and provincial administrative maps.

13. Printing various types of maps.

14. Inspection of surveying and mapping equipment and machinery.

15. Establishment of surveying and mapping database.

Article 11. Conditions for Issuing a License for Surveying and Mapping Activities

1. Domestic organizations are granted a license for surveying and mapping activities when they meet the following conditions:

a) Have a decision on establishment issued by the competent state agency, which includes provisions on the functions and tasks related to surveying and mapping operations for public institutions; have a business registration certificate for surveying and mapping operations for economic organizations;

b) Having a number of surveying and mapping technical staff commensurate with the staffing norms prescribed in the Economic and Technical Standards for Surveying and Mapping Work to carry out one (1) surveying and mapping product within the scope of the application for the license;

c) Having a technical officer with a bachelor’s degree or higher, specializing in a field relevant to the proposed surveying and mapping activities and having at least three (3) years of practical experience in surveying and mapping activities;

d) Having a quantity of surveying and mapping technical equipment and technology commensurate with the equipment and machinery standards prescribed in the Economic and Technical Standards for Surveying and Mapping Work to carry out one (1) surveying and mapping product within the scope of the application for the license.

2. Foreign-invested enterprises are granted a license for surveying and mapping activities when they have an investment permit issued by a competent Vietnamese state agency and meet the conditions specified in points b, c, and d of Clause 1 of this Article.

3. Foreign organizations not falling under the provisions of Clause 2 of this Article are granted a license for surveying and mapping activities when they have a surveying and mapping contract with domestic organizations or foreign-invested enterprises and meet the conditions specified in points b, c, and d of Clause 1 of this Article.

Article 12. Authority to Issue a License for Surveying and Mapping Activities

The National Cartography and Geodesy Department is the competent authority for issuing, supplementing contents, extending, and reissuing licenses for surveying and mapping activities.

Article 13. Procedures for Issuing Surveying and Mapping Business Licenses

1. An organization requesting a surveying and mapping business license shall prepare two (2) sets of application files. The file includes:

a) A request for issuance of a surveying and mapping business license according to Model No. 3 attached to this Regulation;

b) A certified copy of the Decision on Establishment or Business Registration Certificate by Notary Public; a certified copy of Investment License by Notary Public for organizations specified in Clause 2, Article 2 of this Regulation; a certified copy of Surveying and Mapping Contract by Notary Public for organizations specified in Clause 3, Article 11 of this Regulation;

c) A certified copy of the Charter or Regulations of the organization by Notary Public.

2. Procedure for submission of application files and issuance of licenses:

a) Organizations requesting a surveying and mapping business license belonging to Ministries, agencies at the level of Ministries, government agencies; central agencies of political organizations, political-social organizations, and social-professional organizations; State-owned Joint Stock Corporations established by the Prime Minister's decision shall submit their application files to the National Cartographic and Geospatial Information Agency. Within five (5) working days from the date of receipt of complete and valid application files, the National Cartographic and Geospatial Information Agency shall be responsible for reviewing, examining, and issuing a surveying and mapping business license to organizations meeting the conditions; if the conditions are not met, it shall notify the organization in writing of the reasons.

b) Organizations requesting a surveying and mapping business license that do not fall under the category specified in point a, Clause 2 of this Article shall submit their application files to the Department of Natural Resources and Environment. Within five (5) working days from the date of receipt of complete and valid application files, the Department of Natural Resources and Environment shall be responsible for assessing the application files, preparing an assessment record according to Model No. 4 attached to this Regulation, and sending the assessment record along with one (1) set of application files to the National Cartographic and Geospatial Information Agency. Within five (5) working days from the date of receipt of complete and valid application files, the National Cartographic and Geospatial Information Agency shall be responsible for reviewing and issuing a surveying and mapping business license to organizations meeting the conditions and sending the license to the licensed organization; if the conditions are not met, it shall notify the organization in writing of the reasons.

Article 14. Scope and Validity Period of Surveying and Mapping Business Licenses

1. A surveying and mapping business license is valid throughout the country.

2. The validity period of a surveying and mapping business license is ten (10) years. Upon expiration, if the organization requires an extension, it may request the competent state agency to extend the license; each license can only be extended once, with the extension period not exceeding five (5) years.

3. The surveying and mapping business license is issued by the National Cartographic and Geospatial Information Agency according to Model No. 5 attached to this Regulation.

Article 15. Supplementing Content of Surveying and Mapping Business Licenses

1. An organization requesting to supplement the content of a surveying and mapping business license shall prepare two (2) sets of application files. The file includes:

a) A request for supplementing the content of the license according to Model No. 3 attached to this Regulation;

b) A report on the organization's surveying and mapping activities since obtaining the license according to Model No. 6 attached to this Regulation;

c) The previously issued surveying and mapping business license.

2. The procedures for submitting application files, assessing, and supplementing the content of surveying and mapping business licenses shall be carried out in accordance with the provisions of Clause 2, Article 13 of this Regulation.

2. The submission of applications, examination, and supplementation of contents of the license for surveying and mapping activities shall be carried out in accordance with the provisions of Clause 2, Article 13 of this Regulation.

Article 16. Extension of Surveying and Mapping Business License

1. An organization requesting to extend the Surveying and Mapping Business License shall prepare two (2) sets of application files. The file includes:

a) A request for extension of the Surveying and Mapping Business License according to Model No. 7 attached to this Regulation;

c) The previously issued surveying and mapping business license.

2. The procedures for submitting application files, assessing, and supplementing the content of surveying and mapping business licenses shall be carried out in accordance with the provisions of Clause 2, Article 13 of this Regulation.

2. The application file for extending the Surveying and Mapping Business License shall be submitted to the National Administration of Surveying, Mapping and Geographic Information.

Upon receiving complete and valid files, the National Administration of Surveying, Mapping and Geographic Information shall complete the extension of the Surveying and Mapping Business License on the same day, or at the latest on the next working day, for organizations meeting the conditions. In cases where the conditions for license extension are not met, the organization will be informed in writing of the reasons.

When the Surveying and Mapping Business License expires as stipulated in Clause 2 of Article 14 of this Regulation, an organization wishing to continue its surveying and mapping activities shall prepare an application file for a new license in accordance with Article 13 of this Regulation.

Article 17. Reissue of Surveying and Mapping Business License

1. The Surveying and Mapping Business License shall be reissued in the following cases:

a) Lost;

b) It is torn, damaged, and cannot be used.

2. An organization requesting to reissue the Surveying and Mapping Business License shall submit a request for reissuance according to Model No. 8 attached to this Regulation to the National Administration of Surveying, Mapping and Geographic Information.

Upon receiving complete and valid files, the National Administration of Surveying, Mapping and Geographic Information shall complete the reissuance of the Surveying and Mapping Business License on the same day, or at the latest on the next working day.

If an organization that has lost the Surveying and Mapping Business License finds it again after it has been reissued, they must submit the found license to the National Administration of Surveying, Mapping and Geographic Information.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Implementation Organization

The Director of the National Administration of Surveying, Mapping and Geographic Information and the Director of the Department of Natural Resources and Environment are responsible for monitoring and inspecting the implementation of this Regulation. During the implementation process, if there are any difficulties, they must promptly report to the Ministry of Natural Resources and Environment for consideration and decision.