Decree No. 12/2002/ND-CP On Surveying and Mapping Activities

DECREE

On surveying and mapping activities

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the Law on Enacting Legal Normative Documents dated November 12, 1996;

To ensure unified management and implementation of surveying and mapping activities throughout the country;

At the proposal of the Director General of the Land Administration General Department,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the implementation and unified management of surveying and mapping activities throughout the country.

All surveying and mapping activities on land, airspace, and maritime areas under the sovereignty and jurisdiction of the Socialist Republic of Vietnam must comply with this Decree.

Article 2. Definitions

The terms used in this Decree shall be understood as follows:

1. Surveying is a scientific and technical field using equipment to collect and process information to determine geometric characteristics and related information of objects on the ground, underground, underwater, seabed, airspace in static or dynamic forms over time. Types of surveying include: terrestrial surveying, seabed surveying, gravimetric surveying, photogrammetric surveying, aerial surveying, satellite surveying, marine surveying, astronomical surveying, and space surveying.

2. Mapping is a scientific and technical field collecting and processing information from surveying and field surveys to represent the Earth's surface in miniature form using a system of symbols and colors according to certain mathematical rules. Types of maps include: topographic maps, base maps, cadastral maps, administrative maps, maritime maps, specialized maps, and other thematic maps.

3. Reference system is a mathematical coordinate system in space and on a plane for representing the results of surveying and mapping; the national reference system is the reference system selected for uniform use throughout the country.

4. The national primary surveying data system includes: geodetic coordinates, astronomical coordinates, satellite coordinates, absolute gravity values, height values, depth values; this system is determined uniformly for the entire country; each national primary surveying datum is associated with a fixed point marked permanently known as the national surveying datum point.

5. The basic surveying point system consists of permanent markers on the ground forming networks to determine the values of quantities such as coordinates, heights, depths, gravity, astronomy, satellites at those points to serve as the basis for surveying in each area; the national basic surveying point system is established according to unified standards serving common needs for all sectors and localities; the specialized basic surveying point system is established to meet specific needs of individual sectors or localities.

6. The imagery system includes types of images taken of the ground and sea surfaces from devices mounted on aircraft (aircraft images) and on satellites or spacecraft (satellite images), including: the basic imagery system for establishing the national topographic map system and the base map system, and the specialized imagery system for other purposes.

7. The national topographic map system is the system of topographic maps depicting the terrain and features of the Earth's surface on both land and seabed, covering the entire country or territory according to certain scales.

8. Surveying construction works include:

a) Fixed observation stations for astronomy, geodesy, satellites, gravity, height, depth, time, collectively referred to as fixed observation stations;

b) National surveying datum points;

c) Calibration facilities for surveying equipment parameters, collectively referred to as calibration facilities for surveying equipment;

d) Markers of points belonging to the basic surveying point system, collectively referred to as surveying markers.

9. Surveying products are the results of implementing various types of surveying, surveying construction works, and accompanying explanatory materials, measured data and processed data, raw and processed imagery, and other related investigation and survey materials.

10. Mapping products are types of diagrams, plans, maps, photographic maps, map sets, atlases, globes, raised-relief maps, and terrestrial globes established on traditional materials or digital media. Mapping publications are mapping products reproduced on paper or other materials or through digital reproduction.

11. Earth science research by surveying methods is research on the geometric characteristics of the Earth using surveying technology methods.

12. Surveying and mapping works and products include surveying products, mapping products, earth science research results by surveying methods, surveying and mapping service products.

13. Surveying and mapping information and materials include surveying products excluding architectural structures of surveying construction works, mapping products, geographic information systems, and land information systems.

Article 3. Rights and responsibilities of organizations and individuals

1. Organizations and individuals have the right to use surveying and mapping products in accordance with the law.

2. Organizations and individuals may carry out surveying and mapping activities in accordance with the law.

3. Organizations and individuals are responsible for maintaining and protecting surveying and mapping works and products in accordance with the law.

4. Organizations and individuals are not allowed to obstruct or create difficulties for persons responsible for performing surveying and mapping tasks.

5. The State encourages organizations and individuals to participate in scientific research, technological development in surveying and mapping in accordance with the law on science and technology.

6. Strictly prohibited are surveying and mapping activities that cause harm or pose a risk of harm to national defense, security, and social order and safety of the Socialist Republic of Vietnam.

Chapter 2:

SURVEYING AND MAPPING ACTIVITIES

Article 4. Surveying and mapping activities

1. Surveying and mapping activities include: various types of surveying; establishment, publication, distribution of mapping products; storage, issuance, exchange, acquisition, transmission, popularization of surveying and mapping information and materials; earth science research by surveying methods; research, development, application, and transfer of surveying and mapping technologies; vocational training in surveying and mapping.

2. Basic surveying and mapping activities include establishing technical infrastructure and producing surveying and mapping products to meet common needs for industries and localities, including:

a) Establishing the national reference system and the national basic data system;

b) Establishing the national basic surveying points system;

c) Studying earth sciences through surveying methods;

d) Building the national topographic map system, the base map system, the administrative map system, and the comprehensive geographic map system;

đ) Building the basic aerial photography system;

e) Building the national geographic database based on the national topographic map system and the base map system.

3. Specialized surveying and mapping activities involve producing surveying and mapping products specifically for individual industries or localities with specific needs, including:

a) Establishing specialized basic surveying points systems;

b) Building specialized aerial photography systems;

c) Building specialized topographic map systems for specific purposes, land administration maps, and thematic maps;

d) Building specialized geographic information systems and land management information systems.

Article 5. Surveying and Mapping Activity Permit

1. Economic organizations and individuals must have a surveying and mapping activity permit issued by the competent state agency in accordance with Article 21 of this Decree when conducting surveying and mapping activities.

2. Economic organizations and individuals who wish to engage in surveying and mapping activities within the permitted scope and who possess the necessary professional and technical qualifications for surveying and mapping shall be granted a surveying and mapping activity permit.

Article 6. Establishment, Publication, and Distribution of Map Products

1. State agencies, political organizations, socio-political organizations, social organizations, occupational social organizations, people's armed forces units, economic organizations, and individuals permitted to establish various types of map products in accordance with their surveying and mapping activity permits may disseminate their products via prescribed media under the Law on Publishing; when publishing maps, in addition to submitting copies for retention according to regulations, they must also submit one copy for retention to the state management agency responsible for surveying and mapping. Map products classified as confidential may only be published and distributed at the state management agency responsible for surveying and mapping for civilian purposes, and at the Ministry of National Defense and the Ministry of Public Security for defense and security purposes.

2. The establishment of specialized thematic map products must be based on layers of base information derived from the base map system, national topographic maps, and administrative maps established by the state management agency responsible for surveying and mapping; if other base information is required, it must be approved by the state management agency responsible for surveying and mapping.

Article 7. Responsibility for Ensuring the Quality of Surveying and Mapping Projects and Products Implemented with State Budget Funds

1. The project sponsor is fully responsible for the quantity and quality of surveying and mapping projects and products assigned to be implemented with state budget funds; organizations and individuals directly implementing these projects and products are responsible for the quality of the parts they undertake.

2. State agencies tasked with providing information and materials to support surveying and mapping projects and products must provide accurate, complete, and timely information and materials they manage.

Article 8. Inspection and Quality Assessment of Surveying and Mapping Projects and Products Implemented with State Budget Funds

Surveying and mapping projects and products implemented with state budget funds must undergo inspection and quality assessment in accordance with Article 24 of this Decree, with responsibilities as follows:

1. The state management agency responsible for surveying and mapping is responsible for inspecting and assessing the quality of projects and products it implements and those assigned by the Government.

2. Ministries, ministerial-level agencies, and government agencies specified in Articles 15 and 16 of this Decree are responsible for inspecting and assessing the quality of specialized surveying and mapping projects and products they implement.

3. Provincial People's Committees (hereinafter referred to as provincial People's Committees) are responsible for inspecting and assessing the quality of land administration surveying and mapping projects and products and specialized surveying and mapping projects and products in their locality.

4. Surveying and mapping public service organizations with the function of quality assessment must conduct quality assessments upon request of competent state agencies and bear legal responsibility for the results of such assessments.

5. Economic organizations granted a surveying and mapping activity permit that includes technical inspection and quality assessment functions may perform technical inspections and quality assessments of surveying and mapping projects and products at the request of the project sponsor.

Article 9. Protection of Surveying Construction Works

1. Surveying construction works are state assets; People's Committees at all levels are responsible for managing, preserving, and educating citizens about the importance of protecting these works.

2. The state management agency responsible for surveying and mapping prescribes detailed regulations on the management, use, and protection of surveying construction works.

3. No organization or individual may use surveying construction works without the approval of the central or provincial state management agency responsible for surveying and mapping, depending on the level of authority; during use, they must preserve and protect surveying markers, avoid damage, and restore them to their original condition after use.

4. After completing the installation of surveying markers, the units executing surveying tasks must prepare a handover record for the markers along with a layout diagram and the actual condition of the markers on-site for commune-level land administration officers in the presence of the land users; after completing the entire project, the project sponsor must hand over all markers along with point records to the state management agency responsible for surveying and mapping according to the level of authority.

5. The land user and owner of structures where survey markers are located shall report to the commune-level land administration officer when constructing or renovating structures that may affect the survey markers.

6. After receiving the handover of survey markers, the commune-level land administration officer shall be responsible for:

a) Recording in the land registry under the section on survey marker notes on the land plot;

b) Protecting the survey markers from displacement, movement, destruction, or damage;

c) Reporting to the Department of Land Administration or the Department of Land Administration and Real Estate (hereinafter referred to collectively as the Department of Land Administration) as soon as possible upon discovering any harm or potential harm to the survey markers.

7. The Department of Land Administration shall be responsible for:

a) Indicating to the land users the survey markers on their land plots and recording them in the handover protocol when transferring land at the site to organizations or individuals;

b) Resolving or reporting to the state management agency for survey maps according to the分级管理权限处理因土地上的建设活动影响测量标志的情况，决定拆除、加固或移动；

c) Annually reporting in writing to the state management agency for survey maps about the number of new measurement markers constructed within their jurisdiction, accompanied by statistical data on quantity, grade, and usage status.

Article 10. Archiving and providing surveying information and maps

1. The state management agency for survey maps shall be responsible for:

a) Statistically compiling and publicly announcing the current status of surveying information and maps serving civilian purposes nationwide on an annual basis;

b) Updating, archiving, and providing information and materials on the national reference system; the national primary survey data system; the national basic survey point system; the basic aerial photography system and aerial photography for land management; the national topographic map system, base maps, comprehensive geographic maps, administrative maps, cadastral maps, land use maps; the national geographic database system and the national land database system.

2. The Ministry of National Defense and the Ministry of Public Security shall be responsible for updating, archiving, and providing information and materials on the reference system, the basic survey point system, the aerial photography system, the topographic map system, and thematic maps, the geographic database system serving defense and security purposes.

3. Ministries, agencies equivalent to ministries, and government agencies specified in Article 15 and Article 16 of this Decree shall be responsible for updating, archiving, and providing information and materials on the basic survey point system, the aerial photography system, the topographic map system, and thematic maps, the geographic database system serving their respective professional purposes.

4. Provincial People's Committees shall be responsible for updating, archiving, and providing information and materials on the basic survey point system; the topographic map system, administrative maps, cadastral maps, thematic maps; geographic information systems and land information systems serving specific purposes within their jurisdictions.

Article 11. Surveying and mapping activities in Vietnam by foreign organizations and individuals

1. Foreign organizations and individuals directly or cooperatively with domestic organizations conducting surveying and mapping activities in Vietnam must have a surveying and mapping project approved by the competent state authority and obtain a permit to conduct surveying and mapping.

2. After completing the implementation of the surveying and mapping project, the project sponsor must submit one copy of the results to the state management agency for survey maps.

Article 12. International exchange of surveying and mapping information and materials

1. Types of surveying and mapping information and materials, surveying and mapping products within the scope of state secrets shall not be exchanged with foreign countries; if necessary, they must be approved by the competent authorities determining the level of state secrets as stipulated in the Ordinance on State Secrets Protection.

2. Organizations and individuals may exchange with foreign countries published cartographic publications and geographic information.

3. Organizations and individuals publishing and disseminating abroad surveying and mapping information and materials, unpublished surveying and mapping products shall comply with the provisions of Government Decree No. 72/2000/NĐ-CP dated December 5, 2000, on the publication and dissemination of works abroad and the guidance of the state management agency for survey maps.

Article 13. Import and export of surveying and mapping products

1. Published surveying and mapping products that do not fall within the scope of state secrets can be exported.

2. The importation of surveying and mapping products into Vietnam shall be carried out in accordance with the regulations of the Ministry of Culture, Sports and Tourism and the state management agency for survey maps.

Article 14. Ownership rights to surveying and mapping products, information, and materials

1. Ownership rights and copyright over surveying and mapping products, information, and materials shall be implemented in accordance with the Civil Code.

2. Organizations and individuals of all economic components have the right to use surveying and mapping products, information, and materials owned by the State in their own products in accordance with the law.

Chapter 3:

IMPLEMENTATION OF TASKS ON SURVEYING AND MAPPING

Article 15. Tasks of the state management agency for surveying and mapping

The state management agency for surveying and mapping shall be responsible for:

1. Establishing the national reference system.

2. Establishing the national primary survey data system.

3. Establishing the national basic survey point system.

4. Establishing the basic aerial photography system and specialized aerial photography system for land management on a regular basis.

5. Establishing, updating, publishing, and distributing the national topographic map system for mainland and maritime areas, the base map system, the administrative map system, the basic cadastral map system, the land use map system, the world and regional administrative map system, the comprehensive geographic map system, and the national atlas.

6. Establishing the national geographic database system and the national land information system.

7. Implementing scientific research on Earth using surveying methods.

8. Establishing and organizing the operation of inspection, calibration, maintenance facilities for surveying equipment, ensuring national standards and compliance with the metrology calibration system.

Article 16. Tasks of the Ministry of National Defense and the Ministry of Public Security

The Ministry of National Defense and the Ministry of Public Security shall be responsible for:

1. Establishing reference systems for national defense and security purposes.

2. Establishing specialized coordinate and elevation systems for national defense and security purposes.

3. Establishing specialized aerial photography systems for national defense and security purposes.

4. Establishing topographic maps, marine maps, and other specialized thematic maps for national defense and security purposes.

5. Implementing surveying and mapping activities to serve military operations.

Article 17. Tasks of Ministries, ministerial-level agencies, and government agencies

1. The Ministry of Construction shall be responsible for organizing surveying and mapping activities, geographic information systems serving urban and rural construction management and planning, monitoring deformation of structures, and establishing underground civil engineering facility maps.

2. The Ministry of Transport shall be responsible for organizing surveying activities serving the construction of transportation infrastructure projects and related works, establishing geographic information systems for traffic management, and developing maritime surveying and mapping systems.

3. The Ministry of Industry shall be responsible for organizing surveying and mapping activities serving geological research, mineral resource exploration, establishing national geological maps and economic industrial maps.

4. The Ministry of Agriculture and Rural Development shall be responsible for organizing surveying and mapping activities serving basic investigations, management, forecasting, planning, exploitation, and development of socio-economic natural resources within its jurisdiction.

5. The Ministry of Fisheries shall be responsible for organizing surveying and mapping activities serving fishery resource surveys and management, positioning fishing grounds for distant water fishing, aquaculture planning, port and anchorage system establishment, and creating geographic information systems for fisheries management.

6. The Ministry of Education and Training shall be responsible for establishing educational map systems.

7. The Ministry of Science, Technology, and Environment shall be responsible for coordinating with state management agencies on surveying and mapping to establish measurement standards and geographic information systems serving environmental monitoring and forecasting.

8. The Government’s Organizational and Cadre Affairs Commission shall be responsible for organizing the establishment of geographic information systems serving administrative boundary management at all levels.

9. The Ministry of Foreign Affairs shall be responsible for organizing the establishment of geographic information systems serving border management, negotiations, and national border demarcation on land and sea.

10. The General Meteorological and Hydrological Service shall be responsible for organizing the establishment of climate, weather, and hydrological maps.

Article 18Tasks of provincial People's Committees

Provincial People's Committees shall be responsible for establishing specialized surveying base points, creating cadastral maps, specialized thematic maps for specific purposes, and local land and real estate information systems.

Chapter 4:

STATE MANAGEMENT OF SURVEYING AND MAPPING

Article 19. Developing long-term strategies and plans for surveying and mapping

1. State management agencies on surveying and mapping shall be responsible for developing and submitting to the Prime Minister for approval the policy, strategy, plans, programs, objectives, and key projects on basic and specialized surveying and mapping services for land management and implementation after approval.

2. Ministries, ministerial-level agencies, and government agencies specified in Articles 15 and 16 of this Decree, and provincial People's Committees shall be responsible for approving long-term plans, annual plans, and projects on surveying and mapping in their sectors and localities, ensuring they do not overlap with plans and projects of state management agencies on surveying and mapping and other ministries and sectors.

Article 20. Managing annual plans for surveying and mapping

1. Agencies and organizations assigned plans to implement surveying and mapping projects funded by the state budget must manage their annual plans based on projects established according to technical regulations and economic-technical norms issued by state management agencies on surveying and mapping.

2. State management agencies on surveying and mapping shall participate in the review board for projects involving surveying and mapping components developed by ministries, ministerial-level agencies, government agencies, and provincial People's Committees before submitting them to the Prime Minister for approval, except for projects related to national defense and security secrets.

3. Surveying and mapping projects funded by international organizations and foreign-invested enterprises must have the opinion of state management agencies on surveying and mapping or the Land Administration Department at the appropriate level before being submitted to competent authorities for approval, except for projects related to national defense and security.

Article 21. Issuing economic-technical standards for surveying and mapping

1. The Prime Minister shall issue decisions on the national reference system.

2. State management agencies on surveying and mapping shall issue:

a) Regulations on the national primary survey data system, national survey base point system, basic aerial photography system, national topographic map system, base map system, administrative map system, and comprehensive geographic map system;

b) Regulations on cadastral maps and land use maps;

c) Standards, regulations, procedures, and economic-technical norms for surveying and mapping;

d) Standards for surveying and mapping technology and equipment, standards for constructing inspection and testing facilities for various types of surveying and mapping equipment, consistent with the national technology standards system;

đ) Uniform regulations on data standards, technology standards, data safety and confidentiality regimes, and measures to protect the rights to geographic and land information data ownership.

3. The Ministry of National Defense shall issue:

a) Regulations on surveying and mapping activities serving national defense and security purposes;

b) Specify in detail the standards, regulations, procedures, and economic-technical norms for surveying and mapping activities serving defense and security purposes based on the economic-technical standards system issued by the state management agency for surveying and mapping.

4. The Ministries, ministerial-level agencies, and government agencies specified in Article 15 and Article 16 of this Decree shall issue regulations on economic-technical standards for specialized surveying and mapping activities consistent with the economic-technical standards system of the state management agency for surveying and mapping.

5. Provincial People's Committees shall issue guidelines for applying the economic-technical standards for surveying and mapping issued by the state management agency for surveying and mapping, adapted to their localities.

Article 22. Management of Surveying and Mapping Activities

1. The state management agency for survey maps shall be responsible for:

a) Issue and guide the implementation of registration rules for surveying and mapping activities;

b) Grant permits for surveying and mapping activities to organizations and individuals meeting the conditions stipulated in the rules;

c) Review the content of surveying data, photographs, and maps collected and transmitted between the ground and dedicated satellites for civilian purposes before the state management agency for postal services issues installation and usage permits;

d) Inspect the implementation of registration rules for surveying and mapping activities.

2. The Civil Aviation Authority of Vietnam is responsible for issuing permits to civil aircraft for flights serving surveying and aerial photography purposes upon agreement from the Ministry of National Defense.

hereinafter referred to as

a) Supervise the implementation of flights serving aerial photography purposes;

b) Specify procedures, formalities, issuance of permits, and supervision of surveying and mapping activities within defense and security areas;

c) Remove military targets from aerial photographs before they are used for civilian purposes.

4. Provincial People's Committees shall have the responsibility:

a) Assess the capability of organizations and individuals registered for surveying and mapping activities in their locality and recommend that the state management agency for surveying and mapping issue surveying and mapping activity permits;

b) Regularly inspect the implementation of registration rules for surveying and mapping activities for organizations and individuals conducting such activities within their jurisdiction.

Article 23. Management of Publication and Distribution of Map Products

The state management agency for surveying and mapping is responsible for monitoring the publication and distribution of maps and recommending that the state management agency for publishing suspend distribution and recall map publications containing errors in representing national sovereignty, administrative boundaries, place names; map publications with serious technical errors; and map publications containing prohibited content according to the Law on Publishing.

Article 24. Quality Management of Surveying and Mapping Projects and Products

1. The state management agency for surveying and mapping shall issue general regulations on quality management of surveying and mapping projects and products; specific regulations on quality management of basic surveying and mapping projects and products, and surveying and mapping projects and products for land management.

2. The Ministries, ministerial-level agencies, and government agencies specified in Article 15 and Article 16 of this Decree shall issue specific regulations on quality management of specialized surveying and mapping projects and products within their respective fields of responsibility.

Article 25. Management of Surveying and Mapping Activities Related to Administrative Boundaries and National Borders

1. The state management agency for surveying and mapping shall take the lead and coordinate with the Government's Organization and Cadre Affairs Department:

a) Manage surveying and mapping activities for delineating, adjusting, and resolving disputes over administrative boundaries at various levels;

b) Review the representation of administrative boundary lines at provincial, district, and commune levels on various types of maps based on the administrative boundary establishment files according to Directive No. 364/CT dated November 6, 1991, of the Prime Minister, where sections of administrative boundaries are still in dispute, the representation of those sections on maps must clearly indicate "disputed administrative boundary section."

2. The state management agency for surveying and mapping shall take the lead and coordinate with the Ministry of Foreign Affairs:

a) Manage surveying and mapping activities for negotiations, planning, and demarcation of national land and maritime borders;

b) Review the representation of the national border of the Socialist Republic of Vietnam on various types of maps according to the border demarcation and marker placement system attached to international treaties on borders, where the national border has not been demarcated and marked according to international treaties, then review the representation of the national border according to the State's policy.

c) Printing and distribution of various types of maps and related materials concerning the national border on land, maritime zones, islands, and the continental shelf of Vietnam.

Article 26. System of Place Names on Maps

The state management agency for surveying and mapping shall issue a list of place names to be displayed on maps for uniform use nationwide according to the following principles:

1. Administrative place names according to decisions of competent state agencies.

2. Geographical and social place names that have not yet been uniformly used shall be decided upon after consultation with the provincial People's Committee.

3. International place names that have not yet been uniformly used shall be decided upon after consultation with the Ministry of Foreign Affairs.

Article 27. Management of Confidentiality of Surveying and Mapping Information and Materials

1. Surveying and mapping information and materials within the scope of state secrets include:

a) Top secret category: coordinates of national base points of Class II and above forming a complete national network along with point annotations; military maps; investigation and survey materials regarding the national border that have not been published;

b) Secret category as determined by the Minister of Public Security based on the proposal of the Minister of National Defense and the head of the state management agency for surveying and mapping.

2. The head of the state management agency for surveying and mapping is responsible for:

a) Determining the level of confidentiality for specific types of surveying and mapping information and materials serving civilian purposes within the scope of state secrets based on the list of top secret and secret state secrets in the field of surveying and mapping already decided by the competent state agency.

b) Enact and implement regulations on protecting state secrets for surveying and mapping information and materials serving civilian purposes;

c) Prepare a list of changes in classification levels and declassification of state secrets for surveying and mapping information and materials serving civilian purposes to submit to competent state agencies for decision;

3. The Minister of National Defense shall be responsible for:

a) Determining the classification level for each type of surveying and mapping information and materials serving defense and security purposes within the scope of state secrets based on the list of top secret and secret state secrets in the field of surveying and mapping decided by competent state agencies;

b) Enacting and implementing regulations on protecting state secrets for surveying and mapping information and materials serving defense and security purposes;

c) Preparing a list of changes in classification levels and declassification of state secrets for surveying and mapping information and materials serving defense and security purposes to submit to competent state agencies for decision;

Article 28. Management of Provision of Surveying and Mapping Information and Materials

1. The state management agency for surveying and mapping shall issue regulations on分级管理、开发利用和提供测绘资料和地图信息。

2. Published surveying and mapping information and materials that do not fall within the scope of state secrets may be widely disseminated.

3. Unpublished surveying and mapping information and materials that do not fall within the scope of state secrets may only be provided upon request by a formal letter from the head of an organization or entity requiring their use.

4. Confidential surveying and mapping information and materials may only be provided upon request by a formal letter from a department-level or equivalent authority.

5. Top-secret surveying and mapping information and materials may only be provided upon request by the Minister, the head of a ministry-level agency or agency under the Government, the Chairman of the People's Committee at provincial level, the Chief Justice of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy, the Director of the President's Office, the heads of State bodies of the National Assembly, the heads of central Party organizations, and the heads of political-social organizations.

Article 29. Supervision of Surveying and Mapping

1. Tasks of supervision of surveying and mapping:

a) The supervision of the state management agency for surveying and mapping has the responsibility to organize supervision of surveying and mapping serving civilian purposes throughout the country;

b) The supervision of ministries, ministry-level agencies, and agencies under the Government as stipulated in Articles 15 and 16 of this Decree has the responsibility to supervise surveying and mapping within the scope of their own agencies;

c) The supervision of the Land Administration Department has the responsibility to supervise land surveying and mapping, specialized surveying and mapping carried out by localities.

2. Contents of supervision of surveying and mapping:

a) Supervise compliance with legal documents on surveying and mapping;

b) Supervise surveying and mapping according to the requirements of the head of the state management agency for surveying and mapping, the Minister, the head of a ministry-level agency or agency under the Government, and the head of a provincial People's Committee as stipulated in Articles 15 and 16 of this Decree;

c) Assist the head of the same level in verifying and concluding on the content of complaints and reports, and make recommendations to the head of the same level on measures to resolve complaints and reports in the field of surveying and mapping.

3. Rights of the inspection team or inspector when conducting inspections on surveying and mapping:

a) Request organizations and individuals related to provide necessary documents for the inspection;

b) Decide temporarily to suspend construction works, surveying and mapping products implemented with state budget funds without plan or not in accordance with the approved project, causing waste of state budget or failing to ensure quality, and bear legal responsibility for such decisions, while immediately reporting to competent state agencies for handling;

c) Handle according to their authority or recommend competent state agencies to handle violations of surveying and mapping laws as prescribed by law.

Article 30.Handling Complaints and Reports in the Field of Surveying and Mapping

1. Organizations and individuals have the right to file complaints and reports against acts violating laws on surveying and mapping.

2. Competent state agencies receiving complaints and reports shall be responsible for resolving them in accordance with the procedures prescribed by law on complaints and reports.

Article 31. Handling Violations

1. Any organization or individual committing acts violating laws on surveying and mapping shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.

2. State officials taking advantage of their positions and powers who commit acts violating laws on surveying and mapping shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

This Decree shall take effect fifteen days from the date of signature. The Decree No. 404-HĐBT dated November 14, 1990 of the Council of Ministers on safeguarding the confidentiality of geodetic-map materials and previous provisions of the Government and the Prime Minister on surveying and mapping are hereby abolished.

Article 33. Implementation guidance

The head of the state management agency for surveying and mapping, the Minister, the head of a ministry-level agency or agency under the Government within the scope of their functions, tasks, and authorities shall be responsible for guiding the implementation of this Decree.

Article 34. Responsibilities for implementation

The Ministers, the heads of ministry-level agencies or agencies under the Government, and the Chairmen of the People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decree.