Decree No. 136/2021/ND-CP Amending and supplementing some articles of Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping

DECREE

Amending and supplementing some articles of Decree No. 27/2019/NĐ-CPdated March 13, 2019 of the Government detailing some provisions of the Law on Surveying and Mapping

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

At the proposal of the Minister of Natural Resources and Environment,

The Government promulgates this Decree amending and supplementing some articles of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing some provisions of the Law on Surveying and Mapping.

Article 1. Amending and supplementing some articles of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing some provisions of the Law on Surveying and Mapping as follows:

1. Amending and supplementing Point a, Point b Clause 4 and adding Clause 4a after Clause 4 of Article 4 as follows:

"4. Responsibilities for establishing and submitting reports on surveying and mapping activities

a) Within ten days after the end of the reporting period, organizations conducting surveying and mapping activities must establish reports on surveying and mapping activities according to Model No. 01 Appendix IA issued together with this Decree through the information reporting system of the Ministry of Natural Resources and Environment. The account for reporting on surveying and mapping activities is created by the information reporting system provided to organizations conducting surveying and mapping activities. Reports on surveying and mapping activities are permitted to use digital signatures or sign directly on printed documents from the information reporting system and scan signed paper documents, upload them onto the system;

b) Departments specializing in natural resources and environment under provincial People's Committees shall compile reports on surveying and mapping activities of organizations conducting surveying and mapping activities within their management scope and in accordance with the contents stipulated in Model No. 02 Appendix I issued together with Decree No. 27/2019/NĐ-CP and submit them to the provincial People's Committee;"

"4a. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and departments specializing in natural resources and environment under provincial People's Committees have the right to access the information reporting system of the Ministry of Natural Resources and Environment to serve the preparation of reports on surveying and mapping activities within their management scope."

2. Amending and supplementing Clause 1, Clause 2 of Article 7 as follows:

"1. The national gravity network is a system of national survey points with gravity acceleration values linked to form a unified network covering the entire country, established according to national technical standards and regulations, technical specifications at specific time intervals to determine and transmit the national gravity system. Based on the density and accuracy of determining gravity acceleration values, the national gravity network includes the basic gravity point network, the first-class gravity network, and the second-class gravity network.

2. Data of the national gravity network is a collection of gravity acceleration values of national gravity points established during the construction of the national gravity network, uniformly used throughout the country to serve surveying and mapping activities and scientific research."

3. Amending and supplementing Clause 2 and adding Clause 3 of Article 8 as follows:

"2. Data of the national satellite positioning station network includes coordinate values, heights, and gravity values of national satellite positioning stations established during the construction of the national satellite positioning station network, used to build the national coordinate system, the dynamic national coordinate system, link the national coordinate system with the international coordinate system, serve scientific research, and surveying and mapping activities."

"3. Information and data collected from the national satellite positioning station network are continuously processed and provided to organizations and individuals for uniform use nationwide to serve surveying and mapping activities, navigation, scientific research, and other activities."

4. Amending and supplementing Clause 1, Clause 3 of Article 21 as follows:

a) Amending and supplementing Clause 1 of Article 21 as follows:

"1. Surveying and mapping information, data, and products are state assets provided, exploited, and used in the form of copies or publications in the following formats: online via the internet, directly or through postal services on storage media. Organizations and individuals providing surveying and mapping information, data, and products are responsible for confirming the origin of the copy according to Model No. 02 Appendix IA issued together with this Decree."

b) Amending and supplementing Clause 3 of Article 21 as follows:

"3. Individuals requesting the provision of surveying and mapping information, data, and products must present their citizen identification card or passport or Identity Card; representatives of agencies and organizations coming to transact requests for the provision of surveying and mapping information, data, and products must present their citizen identification card or passport or Identity Card and an introduction letter or a document from the agency or organization; and request forms for the provision of surveying and mapping information, data, and products to the organization providing surveying and mapping information, data, and products according to Model No. 03 Appendix IA issued together with this Decree."

5. Amending and supplementing Clause 3, Clause 4, Clause 6, Clause 7 of Article 29 as follows:

"3. Establishing the national coordinate, height, and gravity network, specialized bases."

4. Receiving and processing aerial image data.

a) Receiving and processing aerial image data from aircraft;

b) Receiving and processing aerial image data from unmanned aircraft.

6. Establishing the national geographic database, creating national topographic maps.

a) Establishing the national geographic database, creating national topographic maps at scales of 1:2,000 and 1:5,000;

b) Establishing the national geographic database, creating national topographic maps at scales of 1:10,000, 1:25,000, and 1:50,000;

c) Establishing the national geographic database, creating national topographic maps at scales of 1:100,000, 1:250,000, 1:500,000, and 1:1,000,000.

7. Surveying and creating topographic maps at scales of 1:500, 1:1,000, 1:2,000, and 1:5,000."

6. Amending and supplementing Article 31 as follows:

"Article 31. Conditions for Issuing a Permit for Surveying and Mapping Activities

An organization shall be granted a permit for surveying and mapping activities when it meets all conditions stipulated in Article 52 of the Law on Surveying and Mapping, has the number of technical staff trained in surveying and mapping as specified in Appendix IB issued together with this Decree, including at least one technical staff member with a minimum of five years of actual working experience relevant to the content of the permit application.

7. Amend and supplement Clause 1 of Article 32 as follows:

"1. The dossier of domestic organizations applying for a permit for surveying and mapping activities includes:

a) Application form for a permit for surveying and mapping activities according to Form No. 04 of Appendix IA issued together with this Decree;

b) A copy or scanned file of the original decision specifying functions and tasks for organizations applying for a permit for surveying and mapping activities that do not have a business registration certificate;

c) A copy or scanned file of the original graduation diploma or higher degree in surveying and mapping, work history of the technical manager according to Form No. 05 of Appendix IA issued together with this Decree or a level I surveying and mapping practice certificate; labor contract or recruitment decision; appointment decision of the technical manager;

d) A copy or scanned file of the original qualification certificates or diplomas related to surveying and mapping accompanied by labor contracts or recruitment decisions of surveying and mapping technical staff; work history of at least one technical staff member with a minimum of five years of actual working experience relevant to the content of the permit application according to Form No. 05 of Appendix IA issued together with this Decree;

đ) A copy or scanned file of the original invoice or proof of ownership of surveying equipment, devices, proof of ownership or right to use surveying and mapping software and technology; calibration certificates of surveying equipment still valid. List of surveying equipment, devices, and software suitable for the organization's proposed surveying and mapping activities according to Appendix IC issued together with this Decree;"

8. Amend and supplement some clauses and abolish Clause 5 of Article 33 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Submission of Dossier

a) Organizations applying for a permit under ministries, ministerial-level agencies, government agencies decided to establish; state-owned corporations established by the Prime Minister; organizations under organizations directly affiliated with ministries, ministerial-level agencies, government agencies having legal personality and independent accounting; organizations with legal personality and independent accounting directly under state-owned corporations established by the Prime Minister; organizations under central bodies of social-professional organizations; foreign contractors submit one set of dossier to the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment through the online public service system of the Ministry of Natural Resources and Environment, National Public Service Portal or send directly or via postal services to the Office for Receiving and Delivering Results of Administrative Procedures of the Ministry of Natural Resources and Environment;

b) Organizations applying for a permit not falling within the provisions of point a of this clause submit one set of dossier through the online public service system of the provincial People's Committee, centrally-administered city connected to the online public service system of the Ministry of Natural Resources and Environment or send directly or via postal services to the specialized agency on natural resources and environment under the provincial People's Committee."

b) Amend and supplement Point c, Point đ of Clause 3 as follows:

"3. Examination of Dossier

c) The agency examining the dossier for a permit for surveying and mapping activities shall establish an Examination Team with no more than three members to examine the dossier at the headquarters of the organization applying for the permit.

The Examination Team is responsible for checking and examining the suitability of the dossier regarding human resources, surveying equipment, devices, software, surveying and mapping technology compared to the actual situation of the organization applying for the permit; verifying the consistency between the work history of technical forces in surveying and mapping with social insurance contributions from the National Social Insurance Database connected and shared by the Vietnam Social Security; determining the organization's capacity to implement the proposed surveying and mapping activities, preparing an examination record of the dossier for a permit for surveying and mapping activities according to Form No. 09 of Appendix IA issued together with this Decree;

đ) Within six working days from the date of receiving a complete and valid dossier, the specialized agency on natural resources and environment under the provincial People's Committee is responsible for organizing the examination, sending the examination record along with the dossier for a permit for surveying and mapping activities to the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment through the online public service system of the provincial People's Committee, centrally-administered city connected to the online public service system of the Ministry of Natural Resources and Environment or National Public Service Portal or via postal services to the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment;"

c) Amend and supplement Clause 4 as follows:

"4. Issuance of Permit

a) Within three working days from the date of receiving the examination record along with the dossier for a permit for surveying and mapping activities, the head of the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment approves and issues a permit for surveying and mapping activities;

b) The specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment informs the organization about the completion of the permit issuance. Within one working day from the date of notification, the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment delivers the permit for surveying and mapping activities to the organization via postal services, sends a scanned file of the permit to the specialized agency on natural resources and environment under the provincial People's Committee for coordinated management of organizations examined by the specialized agency on natural resources and environment under the provincial People's Committee."

9. Amend and supplement Article 34 as follows:

"Article 34. Issuance of Additional Surveying and Mapping Activities List

1. The organization's application file for issuing an additional surveying and mapping activities list includes:

a) An application form for issuing an additional surveying and mapping activities list according to Model No. 07 Appendix IA issued together with this Decree;

b) Documents specified in points b, c, d, đ Clause 1 Article 32 of Decree No. 27/2019/NĐ-CP (amended and supplemented at Clause 7 Article 1 of this Decree), related to the content of the application for issuing an additional surveying and mapping activities list; if the documents for the contents already licensed include those that meet the requirements stipulated herein, there is no need to submit them additionally;

c) Original copy of the surveying and mapping activities license already issued.

2. Procedure for issuing an additional surveying and mapping activities list

a) Submission of the application file, acceptance of the application file, responsibility for reviewing the application file, and review of the application file for issuing an additional surveying and mapping activities list shall be carried out as prescribed in Article 33 of Decree No. 27/2019/NĐ-CP (amended and supplemented according to Clause 8 Article 1 of this Decree). The review record for issuing an additional surveying and mapping activities list according to Model No. 09 Appendix IA issued together with this Decree;

b) Issuing an additional surveying and mapping activities list on the surveying and mapping activities license and returning the license to the organization according to the provisions of Clause 4 Article 33 of Decree No. 27/2019/NĐ-CP (amended and supplemented according to Clause 8 Article 1 of this Decree);

c) The head of the specialized management agency under the Ministry of Natural Resources and Environment approves and issues an additional surveying and mapping activities list on the surveying and mapping activities license already issued. The validity period of the license remains unchanged as recorded on the previously issued license.

10. Amend and supplement some clauses of Article 35 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Within 60 days before the expiration date of the surveying and mapping activities license, if the organization wishes to extend the license, it must submit an extension application file according to Clause 1 Article 33 of Decree No. 27/2019/NĐ-CP (amended and supplemented according to point a Clause 8 Article 1 of this Decree) to process the extension. The license cannot be extended after its expiration date."

b) Amend and supplement Clause 2 as follows:

"2. The application file for extending the surveying and mapping activities license includes:

a) An application for extending the surveying and mapping activities license according to Model No. 07 Appendix IA issued together with this Decree;

b) Documents specified in points b, c, d, đ Clause 1 Article 32 of Decree No. 27/2019/NĐ-CP (amended and supplemented at Clause 7 Article 1 of this Decree), related to the content of the application for extending the surveying and mapping activities license (if there are changes in conditions meeting the requirements stipulated in Article 52 of the Law on Surveying and Mapping 2018 and this Decree compared to the initial licensing);

c) Original copy of the surveying and mapping activities license already issued."

c) Amending and supplementing Clause 3 as follows:

"3. The procedure for extending the surveying and mapping activities license is as follows:

a) Submission of the application file, acceptance of the application file, responsibility for reviewing the application file, and review of the application file for extending the surveying and mapping activities license shall be carried out as prescribed in Article 33 of Decree No. 27/2019/NĐ-CP (amended and supplemented according to Clause 8 Article 1 of this Decree). The review record for extending the surveying and mapping activities license according to Model No. 09 Appendix IA issued together with this Decree;

b) The time limit for reviewing the application file for extending the surveying and mapping activities license is four working days."

11. Amend and supplement Clause 1 of Article 36 as follows:

"1. When an organization loses its surveying and mapping activities license and requests a replacement, it shall send an application for replacing the license according to Model No. 08 Appendix IA issued together with this Decree to the specialized management agency under the Ministry of Natural Resources and Environment through the online public service system of the Ministry of Natural Resources and Environment, the National Public Service Portal, or directly or via postal services to the Office of Acceptance and Delivery of Administrative Procedures Results of the Ministry of Natural Resources and Environment."

12. Amend and supplement some clauses of Article 37 as follows:

a) Amend and supplement Clause 2 as follows:

"2. The application file for replacing the surveying and mapping activities license includes:

a) An application for replacing the surveying and mapping activities license according to Model No. 08 Appendix IA issued together with this Decree;

b) Documents specified in points b, c, d Clause 1 Article 32 of Decree No. 27/2019/NĐ-CP (amended and supplemented at Clause 7 Article 1 of this Decree), related to information for requesting a replacement of the surveying and mapping activities license;"

c) Original copy of the surveying and mapping activities license already issued."

b) Amending and supplementing Point a Clause 3 as follows:

"3. The procedure for requesting a replacement of the surveying and mapping activities license is as follows:

a) The organization requesting a replacement of the surveying and mapping activities license shall submit one set of application files according to Clause 2 of this Article to the specialized management agency under the Ministry of Natural Resources and Environment through the online public service system of the Ministry of Natural Resources and Environment, the National Public Service Portal, or directly or via postal services to the Office of Acceptance and Delivery of Administrative Procedures Results of the Ministry of Natural Resources and Environment;"

13. Amend and supplement Article 38 as follows:

"Article 38. Fees for the examination to issue licenses for surveying and mapping activities

Organizations applying for new issuance, supplementary issuance, or extension of licenses for surveying and mapping activities must pay the examination fees as prescribed by laws on fees and charges.

14. Amend and supplement Article 39 as follows:

"Article 39. Archiving of license issuance application files for surveying and mapping activities

1. The specialized management agency under the Ministry of Natural Resources and Environment shall archive the minutes of the examination of the application file for issuing a license, the minutes of the examination of the supplementary issuance of the list of surveying and mapping activities, the minutes of the examination of the extension of the license for surveying and mapping activities, copies of the license; the application file of organizations applying for a license examined by the specialized management agency under the Ministry of Natural Resources and Environment; and the electronic file containing the application file of organizations applying for a license examined by the specialized agency on natural resources and environment under the provincial People's Committee.

2. The specialized agency on natural resources and environment under the provincial People's Committee shall archive the minutes of the examination of the application file for issuing a license, the minutes of the examination of the supplementary issuance of the list of surveying and mapping activities, the minutes of the examination of the extension of the license for surveying and mapping activities, and the application file of organizations applying for a license examined by the specialized agency on natural resources and environment under the provincial People's Committee.

15. Amend and supplement the name of Article 44 and some clauses of Article 44 as follows:

a) Amend and supplement the name of Article 44 as follows:

"Article 44. Examination for issuance of practice certificates for surveying and mapping, contents of the examination for issuance of practice certificates."

b) Amend and supplement Clause 1, Clause 2, Clause 4, Clause 5, and Clause 6 of Article 44 as follows:

"1. The competent authority issuing the practice certificate shall be responsible for organizing the examination for individuals applying for a practice certificate. In case an individual wishes to register for the examination before submitting the application file for a practice certificate, they shall send the registration form for the examination according to Form No. 11 of Appendix IA issued under this Decree to the competent authority issuing the practice certificate. The examination results serve as the basis for granting the practice certificate and are valid for 12 months.

2. The examination content includes:

a) Professional experience and knowledge of laws examination;

b) The examination is conducted in the form of a multiple-choice test lasting 45 minutes;

c) The examination questions consist of 40 questions, including 24 questions about professional experience and 16 questions about relevant legal knowledge related to the content of the application for a practice certificate;

d) The maximum score for each examination is 100 points, with a maximum of 60 points for professional experience and 40 points for legal knowledge. Individuals achieving a score of 80 points or higher will meet the requirements for issuance of the practice certificate.

In cases where an individual is exempted from one part of the examination, the remaining part must achieve at least 80% of the maximum score of that part of the examination;

đ) The examination of professional experience is conducted separately for each type of work as specified in the List of Surveying and Mapping Professions under Article 42 of Decree No. 27/2019/NĐ-CP;

e) The examination of legal knowledge is only conducted once during the examination period.

4. The competent authority issuing the practice certificate for surveying and mapping shall organize the examination not more than three times a year, and the examination time shall be announced on the examination organization agency’s website at least 30 working days prior to the examination date.

5. Ten days before the examination date, the examination organization agency shall post on its website information about the results of the application file review for issuance of the practice certificate for surveying and mapping, the examination time and location, and the list and examination code of each individual.

6. Within ten working days from the end of the examination, the examination organization agency shall be responsible for compiling and posting the examination results on its website."

16. Amend and supplement some clauses of Article 46 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The application file for issuance of a practice certificate for surveying and mapping includes:

a) An application form for issuance of a practice certificate for surveying and mapping according to Form No. 12 of Appendix IA issued together with this Decree, accompanied by one color photograph measuring 4x6 cm with a white background;

b) Copies of diplomas and certificates of professional qualifications issued by legitimate educational institutions; health certificates for professional fitness issued by medical facilities meeting the required conditions;

c) A declaration of professional experience according to Form No. 13 of Appendix IA issued together with this Decree;

d) Copies of documents proving exemption from professional experience and legal knowledge examinations;

đ) Copies of examination results meeting the requirements in cases where the examination was completed before submitting the application file for issuance of a practice certificate."

b) Amend and supplement Clause 3 as follows:

"3. Individuals applying for a practice certificate for surveying and mapping shall submit their application file as stipulated in Clause 1 and Clause 2 of this Article to the competent authority issuing the practice certificate as follows:

a) Submit to the specialized management agency under the Ministry of Natural Resources and Environment through the online public service system of the Ministry of Natural Resources and Environment or the National Public Service Portal, or deliver directly or via postal services to the Office for Receiving and Delivering Results of Administrative Procedures of the Ministry of Natural Resources and Environment for individuals applying for a Class I practice certificate;

b) Submit to the specialized agency on natural resources and environment under the provincial People's Committee where the individual participates in the examination for individuals applying for a Class II practice certificate."

17. Add Article 46a after Article 46 as follows:

"Article 46a. Registration for issuance of surveying and mapping practice certificates through online public service system

1. Registration for issuance of surveying and mapping practice certificates through the online public service system is the act of individuals registering for issuance of surveying and mapping practice certificates via the electronic portal of the competent authority issuing such certificates. Individuals use their registration account for surveying and mapping practice certificates to register for issuance of surveying and mapping practice certificates through the online public service system.

2. The registration account for surveying and mapping practice certificates is created by the information system of the competent authority issuing surveying and mapping practice certificates and provided to individuals to register for issuance of surveying and mapping practice certificates through the online public service system or to electronically identify when connecting and integrating with the Electronic Identity Exchange Platform on the National Public Service Portal.

3. Individuals submit application files for issuance of surveying and mapping practice certificates through the online public service system. Application files for issuance of surveying and mapping practice certificates are verified using the registration account for surveying and mapping practice certificates. The verification of electronic documents in the file may be done by signing directly on the electronic document with a digital signature or signing directly on the paper document and scanning the paper document.

4. The competent authority issuing surveying and mapping practice certificates to individuals shall issue the certificate in electronic form if the application file meets the conditions. Organizations and individuals using surveying and mapping practice certificates in electronic form through the online public service system by the registration account for surveying and mapping practice certificates. Requests for amendments, supplements, and completion of the application file for issuance of surveying and mapping practice certificates through the online public service system.

5. A registration account for surveying and mapping practice certificates is only issued to one individual. The individual receiving the account is responsible under the law for the accuracy and legality of the information registered to obtain the registration account for surveying and mapping practice certificates and the use of the surveying and mapping practice certificate registration account.

6. Protection of personal information is carried out in accordance with the Cybersecurity Law and other relevant laws.

7. Determination and handling of disputes, complaints, and violations related to the management and use of digital signatures and registration accounts for issuance of surveying and mapping practice certificates are conducted in accordance with the law.

18. Supplement Article 46b following Article 46a as follows:

"Article 46b. Examination Council for Issuance of Surveying and Mapping Practice Certificates

1. The Examination Council for Issuance of Surveying and Mapping Practice Certificates is established as follows:

a) The competent authority issuing practice certificates as stipulated in Clause 5, Article 53 of the Land Surveying and Mapping Law establishes the Examination Council for Issuance of Surveying and Mapping Practice Certificates to organize the evaluation of application files, organize the examination of professional experience and knowledge of law of individuals applying for issuance of practice certificates;

b) The head of the issuing authority decides on the composition of the Council, in which the Chairman of the Council is the leader of the issuing authority, the Standing Member is a civil servant or officer of this authority. Other members participating in the Council are civil servants or officers with appropriate professional qualifications for the content of the practice certificate issuance examination or invited experts with appropriate professional qualifications for the content of the practice certificate issuance examination by the Council Chairman. The Council has five members;

c) The Examination Council for Issuance of Surveying and Mapping Practice Certificates operates on a part-time basis according to the Working Regulations issued by the head of the issuing authority.

2. The Examination Council for Issuance of Surveying and Mapping Practice Certificates organizes the evaluation of application files of individuals applying for issuance of practice certificates including the following contents:

a) Checking the Application Form for Issuance of Surveying and Mapping Practice Certificates; health certificate; diplomas and certificates about professional qualifications suitable for the content of the application for issuance of surveying and mapping practice certificates;

b) Checking the consistency between the applicant's professional experience declaration and the social insurance payment history from the National Social Insurance Database connected and shared by the Vietnam Social Security;

c) Checking the documents proving exemption from examination as stipulated in Clause 3, Article 44 of Decree No. 27/2019/NĐ-CP; in cases where exemption from examination is not granted, there must be satisfactory examination results.

3. The competent authority issuing practice certificates decides on the issuance of surveying and mapping practice certificates after receiving the evaluation results of the Examination Council for Issuance of Surveying and Mapping Practice Certificates.

19. Amend Article 47 as follows:

"1. Within ten working days from the date of receipt of the application file for issuance of practice certificates as prescribed in Clause 1, Article 46 of Decree No. 27/2019/NĐ-CP (amended and supplemented according to point a, Clause 16, Article 1 of this Decree), the head of the competent authority issuing practice certificates signs and issues the surveying and mapping practice certificate.

2. In cases where individuals apply for issuance of surveying and mapping practice certificates but have not yet received examination results, they must submit the application file for issuance of practice certificates at the time of the examination organized by the competent authority issuing surveying and mapping practice certificates. In this case, the period for issuance of practice certificates as prescribed in Clause 1 of this Article is calculated from the date of receipt of the examination results.

3. In cases where individuals do not meet the conditions for issuance of surveying and mapping practice certificates, the competent authority issuing practice certificates must notify the individual applying for issuance of the certificate, clearly stating the reasons for non-issuance of the certificate.

20. Amend point a, Clause 2, Article 48 as follows:

"2. The application file for extension of surveying and mapping practice certificates includes:

a) The Application Form for Extension of Surveying and Mapping Practice Certificates according to Model No. 12 Appendix IA promulgated together with this Decree;"

21. Amend point a, Clause 3, Article 49 as follows:

"3. The application file for reissue or replacement of surveying and mapping practice certificates includes:

a) An application for reissuing or exchanging a surveying and mapping practice certificate according to Model No. 12 in Appendix IA issued together with this Decree, accompanied by a color photograph measuring 4 x 6 cm with a white background or a file containing a color photograph taken from the original application for reissuing a practice certificate accompanied by a color photograph measuring 4 x 6 cm with a white background".

22. Add Article 50a after Article 50 as follows:

"Article 50a. Determination of the content of declarations in applications for surveying and mapping business licenses and applications for surveying and mapping practice certificates as being false

1. In cases where there is evidence to determine that the content of declarations in applications for surveying and mapping business licenses and applications for surveying and mapping practice certificates is false, authorities, organizations, and individuals have the right to request the revocation of surveying and mapping business licenses and surveying and mapping practice certificates and provide the competent authority issuing surveying and mapping business licenses and the competent authority issuing surveying and mapping practice certificates with one of the documents provided for in Clause 2 of this Article.

2. Documents determining the content of declarations in applications for surveying and mapping business licenses and applications for surveying and mapping practice certificates as being false include:

a) A copy of the document issued by the competent state agency that replies to the document issued by that agency which has been falsified;

b) A copy of the reply document from the competent authority regarding the determination that the content of declarations in applications for surveying and mapping business licenses and applications for surveying and mapping practice certificates is false.

3. In cases where it is necessary to determine the content of declarations in applications for surveying and mapping business licenses and applications for surveying and mapping practice certificates as being false to serve as the basis for revoking surveying and mapping business licenses and surveying and mapping practice certificates as prescribed, the competent authority issuing surveying and mapping business licenses and the competent authority issuing surveying and mapping practice certificates shall send the document along with the application for a surveying and mapping business license and the application for a surveying and mapping practice certificate to the agency specified in point a or point b of Clause 2 of this Article. The agencies responsible shall reply in writing on the results of the determination within thirty working days from the date of receipt of the request document. Based on the conclusions of these agencies, the competent authority issuing surveying and mapping business licenses shall revoke the surveying and mapping business license according to the procedures and formalities stipulated in Article 40 of Decree No. 27/2019/NĐ-CP if the content of declarations in applications for surveying and mapping business licenses is false; the competent authority issuing surveying and mapping practice certificates shall revoke the surveying and mapping practice certificate according to the procedures and formalities stipulated in Article 50 of Decree No. 27/2019/NĐ-CP if the content of declarations in applications for surveying and mapping practice certificates is false."

23. Amend Clause 1, Article 52 as follows:

"1. The content of information published about surveying and mapping practice certificates includes full name, year of birth, citizen identification number or identity card number, permanent address, professional qualifications, certificate code, category and scope of practice, date of issuance, and expiration date of the certificate."

Article 2. Effective Date

This Decree takes effect from February 15, 2022.

Article 3. Transitional Provisions

Applications for surveying and mapping business licenses and surveying and mapping practice certificates received by competent state agencies for administrative procedures related to surveying and mapping before the effective date of this Decree shall be processed according to the provisions of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping.

Article 4. Responsibilities for Implementation

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to guide and organize the implementation of this Decree.

2. The Ministry of Planning and Investment shall be responsible for sharing and providing information on business registration from the national database on business registration to serve the work of reviewing surveying and mapping business licenses.

3. The Vietnam Social Security shall be responsible for sharing and providing information on social insurance contributions of technical staff in surveying and mapping from the national database on social insurance to serve the work of reviewing applications for surveying and mapping business licenses and evaluating applications for surveying and mapping practice certificates.

4. The Minister, the Head of a ministry-level agency, the Head of a government agency, the Chairman of the People's Committee of a province or centrally governed city, and related agencies shall be responsible for implementing this Decree.

Form No. 01

REPORT ON THE SITUATION OF SURVEYING AND MAPPING ACTIVITIES
Year ...

To: The specialized agency under the provincial People's Committee/The Administrative Authority.

1. Name of Rural Industrial Enterprise (

- Full name:

2. Main office address: house number, village/street ...; commune/district/town ... district/county/city ... province/city ...

Telephone: ... Fax: ... Email: ...

3. Surveying and mapping business license number: ... Date of issue: ...

II. CONTENTS OF SURVEYING AND MAPPING ACTIVITIES PERFORMED

III. TECHNICAL STAFF FOR SURVEYING AND MAPPING

IV. CURRENT EQUIPMENT CAPACITY AND TECHNOLOGY BEING USED

V. DIFFICULTIES, OBSTACLES, AND RECOMMENDATIONS

(Signature, full name, stamp)

The specialized management agency under the Ministry of Natural Resources and Environment; File: ...

Form No. 02

No.: No.: ... / ...-DA

CERTIFICATION OF THE SOURCE OF COPIES OF INFORMATION, DATA, AND SURVEYING AND MAPPING PRODUCTS
(2)

Number...

(Name of organization or individual providing information, data, and products)

I

Address: house number, village/street ...; commune/district/town ... district/county/city ... province/city ...

ID/CCCD number: ... Date of issue: ...

Certification of the source of copies of information/data/products of surveying and mapping provided to: ...(clearly state the name of the organization or individual exploiting and using the information, data, and products of surveying and mapping).

According to the Request for Provision of Information, Data, and Products of Surveying and Mapping No. .../... dated ... month ... year ...

The information/data/products of surveying and mapping provided include:

HEAD
ADMINISTRATIVE AUTHORITY/ORGANIZATION (2)

(Signature, full name, stamp)

(1) Apply to agencies and organizations providing information, data, surveying products, and maps. (2) In case of individuals providing information, data, surveying products, and maps, record the name of the provider.

(1) Apply to cases where individuals provide information, data, surveying products, and maps.

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

APPLICATION FORM
REQUEST FOR INFORMATION/DATA/SURVEYING PRODUCTS AND MAPS
No.: ...

Not classified as State Secrets ☐ Classified as State Secrets ☐

Respected (1): …

The requesting party commits to implementing and simultaneously informs those involved in managing and utilizing the information, data, surveying products, and maps to comply with the following regulations:

Utilize the information, data, and products for the intended purpose when requested;

Do not provide or transfer to other organizations or individuals for use in different purposes;

Commit to complying with the State's regulations on managing and using documents classified as State Secrets (if applicable); do not use the provided information and map data to connect areas within the scope of State Secrets.

APPROVAL OF SUPPLY (2) REQUESTING PARTY (Position, signature, full name, stamp) (Signature, full name)

(1) The head of the agency or organization providing information, data, surveying products, and maps approves the supply of information, data, and surveying products and maps that are not classified as State Secrets.

(2) The authorized person specified in Clause 8, Article 21 of this Decree approves the supply of information, data, and surveying products and maps classified as State Secrets upon receipt of a written request from the competent authority.

Form number 04

No.: No.: ... / ...-DA

PETITION FOR APPLICATION
ISSUE LICENSE FOR SURVEYING AND MAP ACTIVITIES

Respectfully submitted to: - The specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment;

The specialized agency for natural resources and environment under the People's Committee of the province.

PART I. GENERAL INFORMATION

1. Name of organization: …2. Main office address: house number, village/street …; commune/district/town …district/county/city …province/city …

6. Total number of employees: …Technical force in surveying and mapping:…

7. Surveying and mapping activity license already issued(1) (if any), license number:…, date of issuance …, expiration date …List of surveying and mapping activities licensed:

Based on Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping; Decree No. ……/20….ND-CP dated ……month……year……of the Government amending and supplementing certain provisions of Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping, we respectfully request the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment to issue a surveying and mapping activity license with the following list of surveying and mapping activities:

PART II. DECLARATION OF CAPACITY

I. TECHNICAL STAFF

1. Technical staff in surveying and mapping categorized by profession

Unit of measurement: Person

2. Legal representative and technical manager

3. List of technical staff in surveying and mapping

II. TECHNOLOGICAL EQUIPMENT

We hereby commit that (name of organization) will be responsible for all contents declared herein.

Note:

(3) Declare the total actual operating time related to surveying and mapping activities consistent with the proposed license categories.

(4) Declare calibration certificates of measuring instruments still valid.

Form number 05

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

DECLARATION OF WORK HISTORY

1. Name of Rural Industrial Enterprise (

Permanent residence address: house number, village/street …; commune/district/town …district/county/city …province/city …

Confirming organization: …

II. EDUCATION HISTORY

III. WORK HISTORY IN SURVEYING AND MAPPING ACTIVITIES

1 Declaration of work history for the technical manager and technical staff with at least five years of actual working experience relevant to the licensing application content. 2 The organization confirms the work history declaration of individuals participating in surveying and mapping tasks at their own unit and assumes responsibility for the confirmed content. If an individual has worked at multiple organizations, each organization must have a declaration confirmed by the organization.

I solemnly declare that the contents of this declaration are true, and if false, I will bear full legal responsibility.

ORGANIZATION'S CONFIRMATION (clearly state position, full name; sign and stamp) DECLARER (sign and clearly state full name)

Form number 06

..., day ... month ... year...

APPLICATION FOR ADDITIONAL CATEGORY
SURVEYING AND MAPPING ACTIVITIES

Respectfully submitted to: The specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment; The specialized agency for natural resources and environment under the People's Committee of the province.

PART I. GENERAL INFORMATION

Name of organization: …Main office address: house number, village/street …; commune/district/town …district/county/city …province/city …

Telephone: …Fax: …Email: …Website:…

Business registration certificate/Establishment decision number:…date of issuance…place of issuance…

Surveying and mapping activity license already issued(1), license number:…, date of issuance …, expiration date …List of surveying and mapping activities licensed:

Summary report on the operation of the organization since obtaining the license: (surveying and mapping projects implemented from year ... to year ...):

Based on Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping; Decree No. ……/20….ND-CP dated ….month…..year…..of the Government amending and supplementing certain provisions of Decree No. 27/2019/ND-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping, we respectfully request the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment to extend the scope of surveying and mapping activities as follows:

1

(Clearly state the activities proposed for extension)

PART II. DECLARATION OF CAPACITY

I. TECHNICAL STAFF

1. Technical staff in surveying and mapping categorized by profession

2. Legal representative and technical manager

3. List of additional technical staff in surveying and mapping

II. TECHNOLOGICAL EQUIPMENT

We hereby commit that (name of organization) will be responsible for all contents declared herein.

LEGAL REPRESENTATIVE
(Position, signature, full name, stamp)

Note:

(1) First-time issuance, extension, renewal, reissue, or replacement of surveying and mapping activity license. (2) Declaration based on professional qualifications.

(3) Declare the total actual operating time related to surveying and mapping activities consistent with the proposed license categories.

(4) Declaration of calibration certificates of measuring instruments still valid.

Form No. 07

No.: No.: ... / ...-DA

PETITION FOR APPLICATION
EXTENSION OF LICENSE FOR SURVEYING AND MAPPING ACTIVITIES

Respectfully submitted to: - The specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment;

PART I. GENERAL INFORMATION

1. Name of organization: …2. Main office address: house number, village/street …; commune/district/town …district/county/city …province/city …

4. Email: __ Website: __ 5. Business registration certificate/Establishment decision number: __ date of issuance __ place of issuance __

6. Total number of employees:…Technical force in surveying and mapping:…

7. Summary report on the organization's activities since obtaining the license. Mention some projects carried out during the period of being licensed.

8. Surveying and mapping activity license already issued(1), license number:..., date of issue ..., expiration date ....List of surveying and mapping activities permitted:

Pursuant to Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping; Decree No. .../20../NĐ-CP dated...month...year...of the Government amending and supplementing certain provisions of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping, we request the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment to extend the surveying and mapping activity license with the following List of surveying and mapping activities:

PART II. DECLARATION OF CAPACITY

I. TECHNICAL STAFF

1. Technical staff for surveying and mapping analysis by industry and profession

Unit of measurement: Person

2. Legal representative and technical manager

3. List of technical staff for surveying and mapping

II. TECHNOLOGICAL EQUIPMENT

Reason for requesting extension of the license: ...

We hereby commit that (name of organization) will be responsible for all contents declared herein.

Note:

(3) Declare the total actual operating time related to surveying and mapping activities consistent with the proposed license categories.

(4) Declare calibration certificates of measuring instruments still valid.

Form No. 08

No.: No.: ... / ...-DA

APPLICATION FOR RENEWAL/DUAL LICENSE(1)
SURVEYING AND MAPPING ACTIVITY LICENSE

Respectfully submitted to: The specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment.

Business registration certificate/Foundation decision:...

Technical manager: ...

Main office address: house number, village/street...; commune/district/town...district/county/city...province/city...

Telephone:...Fax:...Email:...Website...

Surveying and mapping activity license issued number..., date...month...year...

Summary report on the organization's activities since obtaining the license:

If some projects have been carried out during the period of being licensed.

Statistics on current human resources, equipment, technology...

Pursuant to Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping; Decree No. .../20../NĐ-CP dated...month...year...of the Government amending and supplementing certain provisions of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping.

We request the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment to reissue/renew(1) the surveying and mapping activity license for ...(name of organization). Reason for requesting reissue/renewal(1) of the license: ...

We hereby commit that (name of organization) will be responsible for all contents declared herein.

LEGAL REPRESENTATIVE (Sign and write full name, stamp)

Note: (1) Record according to specific cases.

Form No. 09

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

MINUTES OF THE INITIAL REVIEW OF THE APPLICATION
ISSUE/EXTEND/SUPPLEMENT LICENSE FOR
SURVEYING AND MAPPING ACTIVITIES

On...day...month...year...at...(Main office of the organization applying for issuance/extension/supplement of the license), representatives of the specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment/specialized agency on natural resources and environment under the People's Committee at provincial level...conducted an initial review of the application for issuance/extension/supplement of the surveying and mapping activity license of ...(name of the organization applying for issuance/extension/supplement of the license).

Composition of the reviewing body

I. CONTENT OF REVIEW

1. Review of the completeness, validity, and appropriateness of the dossier

Conclusion on the completeness, validity, and conformity with reality of the documents in the dossier in accordance with the law.

2. Review of the organization's capacity for surveying and mapping activities

a) Review of the technical staff composition:

(Compare the quantity and qualifications of the current technical staff for surveying and mapping of the organization reflected in documents such as salary sheets, labor contracts, social insurance, decisions of competent authorities related to personnel, etc., with the technical staff declared in the dossier).

Results of the review of the technical staff for surveying and mapping, if specific about:

Technical manager: Full name, position, professional qualification, actual working time, labor contract, work experience declaration, social insurance payment history.

Specific statistics on technical staff for surveying and mapping:

Conclusion on the conformity of the declaration in the dossier with the technical staff for surveying and mapping of the organization, the professional capacity to perform the proposed surveying and mapping activities for issuance/extension/supplement of the license.

b) Review of equipment and technology capacity:

(Compare the quantity and status of the current equipment and technology for surveying and mapping of the organization with the declaration in the dossier).

Results of the review of equipment and technology capacity, specifically about the name, type, quantity of surveying equipment; specialized software:

Equipment for surveying and mapping activities:

Computer equipment:

Software:

Conclusion on the capacity of equipment, measurement and mapping technology of the organization.

Conclusion on the conformity of the declaration in the dossier with the actual capacity of equipment, technology of the organization, and its ability to meet the requirements for implementing the proposed measurement and mapping activities.

II. CONCLUSIONS AND RECOMMENDATIONS

1. Conclusion

State the conclusion on the validity and authenticity of the dossier; the conformity between the actual capacity of human resources, equipment, software, and technology of the organization and the declaration in the dossier.

2. Recommendation

Based on Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing some provisions of the Law on Measurement and Mapping, and Decree No. .../20.../NĐ-CP dated...month...year...of the Government amending and supplementing some articles of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing some provisions of the Law on Measurement and Mapping, it is recommended that the specialized management agency under the Ministry of Natural Resources and Environment issue/renew/extend the measurement and mapping activity permit for ...(name of organization) with the following contents of measurement and mapping activities:

(Specify clearly the contents of the activities requested for permission)

This record is established in three (3) copies: one copy handed over to the organization requesting issuance/renewal/extension of the permit; one copy retained at the agency reviewing the dossier; one copy sent to the specialized management agency under the Ministry of Natural Resources and Environment along with the application for issuance/renewal/extension of the measurement and mapping activity permit.

HEAD OF THE REVIEWING AGENCY (1)

(Position, signature, full name, stamp)

Note:

(1) If the representative of the reviewing agency signs but is not authorized to affix the seal, then there must be confirmation and signature, stamp of the leader of the reviewing agency.

Form No. 10

Page 1, page 4

1. The Measurement and Mapping Permit consists of 4 pages, each page having a size of 13.5 x 18 cm.
2. Pages 1 and 4 are printed in dark blue color.
3. Pages 2 and 3 are white, printed with a light yellow watermark.

Page 2, page 3

Clearly state the name of the technical person in charge and technical staff who declared the work process.

Form No. 11

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

,,, day ..., month ..., year ...

Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m
APPLICATION FOR LICENSED PROFESSIONAL CERTIFICATE
SURVEYING AND MAPPING ACTIVITIES

Respectfully submitted to: ...(Name of competent authority)

Category ...

Examination registration location: ...

12. Relevant professional experience related to the examination registration content(1)

I hereby take responsibility for the accuracy and consistency of the contents of the declaration form.

APPLICANT (Signature and full name)

(1) Declaration content about relevant professional experience related to the examination registration content as stipulated in Point b Clause 3 Article 53 of the Law on Measurement and Mapping 2018.

Form No. 12

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No.: No.: ... / ...-DA

APPLICATION FOR ISSUE/REISSUE/RENEWAL/EXTENSION
LICENSED PROFESSIONAL CERTIFICATE FOR MEASUREMENT AND MAPPING

Respectfully submitted to:...(Name of competent authority issuing certificate)

8. Professional qualification (specify major): ...

9. Completed the training program on measurement and mapping activities on ... month ... year ... at ...

10. Certificate number already issued (if applicable): ...

11. Validity period of the issued professional certificate until (if applicable):...

Request to issue/reissue/renew/extend the professional certificate for measurement and mapping as follows:

a) Issue professional certificate ...

Category: ... Content of practice: ...

Record appropriately according to each specific case.

Select and mark only one box corresponding to the application.

3 In cases of exemption from examination, individuals must clearly state the exemption accompanied by supporting documents.

Points of professional experience:

b) Reissue professional certificate ...

Reason for reissuing the certificate: ...c) Renew professional certificate ...

d) Extend professional certificate ...

Reason for extending the certificate: ...

I hereby take full responsibility for all contents of this application and commit to practicing measurement and mapping activities in accordance with the content recorded in the issued certificate and comply with relevant laws.

APPLICANT (Signature, full name)

Model Number 13

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

DECLARATION OF PROFESSIONAL EXPERIENCE

1. Name of Rural Industrial Enterprise (

Date of birth: ...

ID No./Citizen Identification Card No.: __ date of issue__ place of issue__ Permanent address: house number, village/street __; commune/district/town __ district/county/city __ province/city__

Period of social insurance contribution: from month ... year ... to ... month ... year ...

Organization confirming:

Professional certificate number for measurement and mapping already issued: …date of issue…Issuing agency: …

II. WORK HISTORY PARTICIPATING IN MEASUREMENT AND MAPPING ACTIVITIES

I solemnly declare that the contents of this declaration are true, and if false, I will bear full legal responsibility.

Period of social insurance contribution at the confirming organization.

2 The organization confirms the work history declaration of individuals participating in implementing measurement and mapping tasks at their own unit and takes responsibility for the confirmed content. In cases where individuals have worked at multiple organizations, each organization must have a declaration confirmed by the organization.

ANNEX IB
QUALIFICATIONS OF STAFF
FOR MEASUREMENT AND MAPPING

Note:

(1) In cases where the organization requests a permit for more than one content of measurement and mapping activities, the minimum number of technical staff must meet the largest number specified in Column 3 of this Annex for the contents of the permit requested by the organization.

(2) For basic and specialized product quality inspection activities in measurement and mapping, there must be two technical staff with a bachelor's degree or higher with a minimum of five years of practical experience consistent with the basic and specialized product quality inspection activities in measurement and mapping.

(December 1, 2021 of the Government) (1) The list of measuring instruments, equipment, and software of the same type in Column (3) can be shared in cases where the organization requests a permit for more than one content of measurement and mapping activities.