Decree No. 27/2019/ND-CP detailing certain provisions of the Law on Surveying and Mapping

DECREE

Detailed Provisions on Certain Articles of the Law on Surveying and Mapping

Pursuant to the Law on Government Organization dated June 19, 2015;

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

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

The Government promulgates this Decree to provide detailed provisions on certain articles of the Law on Surveying and Mapping.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed provisions on certain articles of the Law on Surveying and Mapping regarding the national survey network data system; updating the national geographic database and the national topographic map system; construction, operation, maintenance, and protection of survey infrastructure works; storage, confidentiality, provision, exchange, exploitation, use of survey and mapping information, data, products; establishment of the national spatial data infrastructure; survey and mapping business licenses; survey and mapping practice certificates.

2. Remote sensing data stations and remote sensing image data stations shall comply with the provisions of this Decree and the Decree on remote sensing activities; in case of any discrepancy between this Decree and the Decree on remote sensing activities, the provisions of the Decree on remote sensing activities shall be implemented.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals engaged in surveying and mapping activities; exploitation and use of survey and mapping information, data, products; or other activities related to surveying and mapping within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. A continuously operating basic reference station is a satellite positioning station serving the establishment of the national coordinate system, the national dynamic coordinate system, and the connection of the national coordinate system with the international coordinate system for scientific research, providing corrections to coordinate values and elevations for surveying and mapping activities and navigation.

2. A continuously operating reference station is a satellite positioning station providing corrections to coordinate values and elevations for surveying and mapping activities and navigation.

3. A national survey point is a point associated with a national survey marker, having at least one of the coordinate values, elevation, or gravity value, established according to national technical standards and regulations.

4. A geoid model is a model of the Earth's gravitational field where the gravitational potential is equal at all points. The geoid model coincides with the mean sea level surface over oceans, hypothetically extended through continents; it is used in determining elevations and Earth science research.

5. Surveying and mapping methods are techniques for collecting, processing information and data on the location, shape, size, and attribute information of geographic objects to establish and update geographic databases and create maps.

Article 4. Reports on Surveying and Mapping Activities

1. Entities required to prepare annual reports on surveying and mapping activities include ministries, ministerial-level agencies, government agencies, provincial People's Committees, organizations conducting surveying and mapping activities.

3. Reports shall be submitted electronically with the digital signature of the authorized person or in paper form signed and stamped by the authorized person.

c) Ministries, ministerial-level agencies, government agencies, and provincial People's Committees shall prepare reports on surveying and mapping activities within their jurisdiction and submit them to the Ministry of Natural Resources and Environment through specialized management agencies under the Ministry of Natural Resources and Environment within thirty days after the end of the reporting period. The report content shall be prepared according to Model No. 02 attached as Appendix I to this Decree;

d) Specialized management agencies under the Ministry of Natural Resources and Environment shall prepare reports on surveying and mapping activities nationwide and submit them to the Minister of Natural Resources and Environment for signature and submission to the Government within forty-five days after the end of the reporting period.

5. In addition to regular reporting, when requested by state management agencies on surveying and mapping, relevant agencies and organizations shall have the responsibility to submit ad hoc reports on the situation of surveying and mapping activities as required.

6. Agencies and organizations are responsible for the accuracy of the information and data in their reports on surveying and mapping activities.

Chapter II

NATIONAL SURVEY NETWORK DATA SYSTEM

Article 5. National Coordinate Network Data

1. The national coordinate network is a system of national survey points with spatial coordinate values linked to form a unified network covering the entire country, established according to national technical standards and regulations, and technical provisions at specific time intervals for determining and transmitting the national coordinate system. Based on the density and accuracy of coordinate value determination, the national coordinate network is divided into level 0 coordinate grid, first-class coordinate grid, second-class coordinate grid, and third-class coordinate grid.

2. National coordinate network data consists of the spatial coordinate values of national survey points established during the construction of the national coordinate network, uniformly used throughout the country for surveying and mapping activities and scientific research.

3. Coordinates of points in the level 0 coordinate grid are calculated within both the national coordinate system and the international coordinate system.

4. When changing the national coordinate system, national coordinate network data must be re-established.

Article 6. National Height Network Data

1. The national height network is a system of national survey points with elevation values linked to form a unified network covering the entire country, established according to national technical standards and regulations, and technical provisions at specific time intervals for determining and transmitting the national height system. Based on the density and accuracy of elevation value determination, the national height network is divided into first-class height grid and second-class height grid.

2. The first-class height grid and second-class height grid are measured cyclically every 19 years. For points in the national height network located in areas with weak foundations and significantly affected by socio-economic development, the measurement cycle may be shortened depending on the degree of impact and decided by the Prime Minister.

3. The geoid model used for Vietnam's territory is developed based on global geoid model adjustments using gravity data from Vietnam's territory to serve the determination of elevations and Earth science research.

4. National height network data includes the elevation values of national height points established during the construction of the national height network, uniformly used throughout the country for surveying and mapping activities and scientific research.

Article 7. National Gravity Network Data

3. The national gravity network is measured cyclically every 10 years.

4. When there are changes in the national gravity system, national gravity network data must be re-established.

Article 8. Data of the National Satellite Positioning Station Network

1. The National Satellite Positioning Station Network is a system of national satellite positioning stations interconnected into a unified network covering the entire country within the national coordinate system; it is constructed according to national technical standards and technical regulations. The National Satellite Positioning Station Network includes a continuous reference station system and a continuously operating reference station system.

Article 9. Publication of Data of National Survey Networks

1. The Ministry of Natural Resources and Environment shall complete the system of data of national survey networks within three years from the date this Law on Surveying and Mapping takes effect to be uniformly published and used nationwide.

2. The Minister of Natural Resources and Environment shall be responsible for publishing the system of data of national survey networks in accordance with regulations within thirty days after approval of completion.

3. Contents of the publication of data of national survey networks include:

a) The number of points, diagrams, and accuracy of the national survey networks, the geoid model applied to the territory of Vietnam;

b) Guidelines for using the data of national survey networks.

Chapter III

UPDATE OF THE NATIONAL GEOSPATIAL DATABASE AND NATIONAL TOPOGRAPHIC MAP SYSTEM

Article 10. Content of the National Geospatial Database, National Topographic Maps

1. The national geospatial database is a collection of geospatial base data built in the national coordinate system and national height system according to national technical standards and technical regulations for uniform use throughout the country, including the following component data:

a) Survey base data is data about coordinate points and heights used in the process of surveying, collecting, and processing geospatial data;

b) Topographic data is elevation and depth data describing the shape and characteristics of the Earth's surface, including elevation points, depth points, contour lines connecting points of equal elevation, lines describing topographic features, and special topographic forms;

c) Hydrographic data is data about river systems, streams, canals, ditches, seas, lakes, ponds, swamps, water sources, water boundary lines, and other hydrographic objects;

d) Population data is data about residential areas and related facilities, including urban residential areas, rural residential areas, industrial zones, special function zones, other residential areas, public facilities, economic, cultural, and social bases;

đ) Transportation data is data about transportation networks and related facilities, including road systems, railway systems, air transport systems, inland waterway systems, bridges, traffic tunnels, ports, stations, and other transportation facilities;

e) National border and administrative boundary data include national border data and administrative boundary data.

National border data is data about the national border line, the national boundary marker system; baseline points and baselines used to calculate the width of Vietnam's territorial sea, characteristic points of the national border, and geographic objects related to the representation of the national border line on land and at sea.

Administrative boundary data is data about administrative boundary lines at various levels and the administrative boundary marker system; data about geographic objects related to the representation of administrative boundary lines at various levels;

g) Surface cover data is data about the current state of surface coverage of the Earth, including vegetation cover, land use cover, water body cover, and other cover layers.

2. The large-scale national geospatial database is established from the results of surveys, investigations, and information collection of geographic objects; the medium-scale and small-scale national geospatial databases are established from the larger-scale national geospatial database.

3. National topographic maps are established from the national geospatial database according to national technical standards and technical regulations for topographic maps. The content of national topographic maps is divided into the following groups of data layers:

a) Mathematical layer group including contents about map projection grid, sheet code, map scale, coordinate grid, coordinate points, and height points within the map sheet area, contents presented outside the map frame;

b) Topographic data layer group;

c) Hydrographic data layer group;

d) Population data layer group;

đ) Transportation data layer group;

e) National border and administrative boundary data layer group;

g) Vegetation cover data layer group.

4. The data layer groups specified in Points b, c, d, đ, e, and g of Clause 3 of this Article are established from corresponding base geospatial data at Points b, c, d, đ, e, and g of Clause 1 of this Article.

Article 11. Updating the National Geographical Database and National Topographic Maps

1. Requirements for updating

The National Geographical Database and National Topographic Maps must be fully and accurately updated according to national technical standards and regulations, technical requirements ensuring timely management needs of ministries, sectors, localities; serving economic, social development, national defense, security, disaster prevention and mitigation.

2. Methods of updating are as follows:

a) Updating the National Geographical Database at scales of 1:2,000 and 1:5,000 shall be carried out through rectification and supplementation of geographical objects with changes using surveying and mapping methods;

b) Updating the National Geographical Database at scales of 1:10,000 and smaller shall be carried out by editing from updated geographical objects from larger scale National Geographical Databases, new versions; through rectification and supplementation of geographical objects with changes using surveying and mapping methods;

c) Depending on the degree of change, updating the National Geographical Database shall be carried out on a component data basis, group of component data, or by region. In cases where more than 40% of geographical objects within a region have changed, a new National Geographical Database for the entire region shall be established;

d) When the National Geographical Database is updated, the corresponding National Topographic Map shall be simultaneously updated.

3. Content of updating includes:

a) For the National Geographical Database, the content of updating includes supplementing and rectifying changes in the spatial location and attributes of geographical objects belonging to the component data specified in points b, c, d, đ, e, and g of Clause 1, Article 10 of this Decree;

b) For the National Topographic Maps, the content of updating includes supplementing and rectifying geographical objects with changes belonging to the map content groups specified in Clause 3, Article 10 of this Decree.

4. The update cycle of the National Geographical Database is the maximum time interval between two data updates as prescribed as follows:

a) Within a period not exceeding five years, the National Geographical Database must be regularly updated. For the National Geographical Database at average scales and smaller scales in Vietnam's territorial waters, regular updates shall not exceed seven years;

b) Transportation data and population data shall be annually updated;

c) During the update cycle, if the component data has a change rate greater than 20%, an update for that component data shall be carried out;

d) Immediate updates for border data and administrative boundary data shall be carried out when there is a change;

đ) Immediate updates for areas with abnormal changes for disaster prevention and mitigation, rescue operations, environmental remediation, and climate change response shall be carried out;

e) Immediate updates for areas based on the requirements of competent state agencies shall be carried out.

Chapter IV

CONSTRUCTION, OPERATION, MAINTENANCE AND PROTECTION OF SURVEY INFRASTRUCTURE

Article 12. Construction of Survey Infrastructure

1. Survey infrastructure constructed with state budget funds must be implemented according to approved plans, projects, and tasks by authorized state agencies, ensuring compliance with the provisions of the Law on Surveying and Mapping, laws on public investment, and related laws.

2. When constructing survey infrastructure, the project owner must complete procedures to obtain land allocation, land lease, or use existing architectural works for construction of survey infrastructure, and determine the protection zone for survey infrastructure in accordance with the provisions of the Land Law and other relevant laws.

3. After completing the construction of survey markers, the project owner shall prepare a handover record of the current status of the survey markers and their protection zones on-site to the People's Committee of the commune in the presence of the land users concerned according to Model No. 03 of Appendix I attached to this Decree; hand over a list accompanied by a position diagram of the survey markers to the People's Committee of the province through the specialized agency on natural resources and environment under the People's Committee of the province according to Model No. 05 of Appendix I issued together with this Decree. At the same time, the project owner shall hand over the construction files and results of the survey markers in accordance with the approved plan, project, and task.

Article 13. Operation and Maintenance of Survey Infrastructure Projects

1. Survey infrastructure projects must establish operation procedures including:

a) National satellite positioning stations;

b) National remote sensing data receiving stations;

c) Specialized satellite positioning stations;

d) Specialized remote sensing data receiving stations.

2. The operation of survey infrastructure projects shall be regulated as follows:

a) The project investor must establish operation procedures to submit for approval by the competent state agency as stipulated in Clause 4 of this Article before putting the project into operation and use;

b) For survey infrastructure projects currently in operation and use but lacking operation procedures, the organization entrusted with operating the project shall be responsible for establishing such procedures to submit for approval by the competent state agency as stipulated in Clause 4 of this Article.

3. Maintenance of survey infrastructure projects involves a set of tasks aimed at ensuring and maintaining normal and safe operation of the project according to design specifications during its operation and use. The maintenance content of survey infrastructure projects includes one or more or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of the project. Each type of survey infrastructure project must have a maintenance procedure specifying the sequence, content, and guidance on implementing maintenance tasks; the maintenance procedure must be appropriate and integrated into the operation procedure of the survey infrastructure project approved by the competent state agency as stipulated in Clause 4 of this Article.

4. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, and Chairperson of the People's Committee of a province shall organize the operation and maintenance of survey infrastructure projects within their jurisdiction.

5. Organizations and individuals entrusted with operating and maintaining survey infrastructure projects must strictly follow the procedures for operation and maintenance to ensure that the survey infrastructure projects operate normally in accordance with national technical standards and regulations, and design requirements when constructed.

6. The operation and maintenance of national remote sensing data receiving stations and specialized remote sensing data receiving stations shall comply with the provisions of the Decree on Remote Sensing Activities.

Article 14. Organizations and Individuals Participating in Investment, Construction, Management, Operation, Maintenance, and Exploitation of Survey Infrastructure Projects

1. Organizations and individuals may participate in investment, construction, management, operation, maintenance, and exploitation of national satellite positioning stations and specialized satellite positioning stations.

Participation in investment, construction, management, operation, maintenance, and exploitation of remote sensing data receiving stations shall comply with the provisions of the Decree on Remote Sensing Activities.

2. The Ministry of Natural Resources and Environment shall publish a list of investment projects encouraging organizations and individuals to invest in building national satellite positioning stations and specialized satellite positioning stations within their jurisdiction through direct investment or public-private partnership; implement after approval in accordance with laws on investment; select contents related to management, operation, maintenance, and exploitation of survey infrastructure projects to encourage organizations and individuals to participate in bidding.

3. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces shall select investment projects encouraging organizations and individuals to invest in building specialized satellite positioning stations within their jurisdiction; implement after approval in accordance with laws on investment; select contents related to management, operation, maintenance, and exploitation of survey infrastructure projects to encourage organizations and individuals to participate in bidding.

4. Investment projects encouraging organizations and individuals to invest and build must comply with laws on investment; ensure the interests of the State and organizations and individuals participating in investment; ensure national defense and security.

5. Bidding for management, operation, maintenance, and exploitation of survey infrastructure projects shall be conducted in accordance with laws on bidding; ensure the efficiency of investment and utilization of survey infrastructure projects; ensure national defense and security.

Article 15. Protective Zone for Infrastructure Surveying Works

1. The protective zone for infrastructure surveying works is a safety zone established to ensure that such infrastructure surveying works remain stable and operate according to national technical standards, technical regulations, and construction technical parameters.

2. The protective zone for infrastructure surveying works must be established during the construction of such infrastructure surveying works. Boundary markers shall be set up to determine and publicly announce the boundaries of the protective zone for infrastructure surveying works in accordance with the laws on land, and the boundaries of the protective zone for infrastructure surveying works shall be determined on the cadastral map with the confirmation of the People's Committee at the commune level.

3. Based on each type of infrastructure surveying work, the protective zone for infrastructure surveying works shall be established as follows:

a) For surveying marks within the national coordinate network, the professional base coordinate network, the protective zone has a radius of 50 meters from the center of the mark;

b) For surveying marks within the national height network, the professional base height network, the protective zone has a radius of 20 meters from the center of the mark;

c) For surveying marks within the national gravity network, the professional base gravity network, the protective zone has a radius of 10 meters from the center of the mark;

d) For satellite positioning stations, the protective zone has a radius of 50 meters from the center of the satellite signal receiving antenna;

đ) For remote sensing data receiving stations, the protective zone shall be established in accordance with the provisions of the Decree on remote sensing activities.

4. Protection of the protective zone for infrastructure surveying works

a) Within the scope of the protective zone for infrastructure surveying works, when constructing, repairing, or renovating architectural works, the owner of the architectural works and the land user must comply with the provisions of the laws on land regarding the safety protective zone of works and other related laws;

b) Agencies, organizations, and individuals shall determine the boundaries and protect the protective zone for infrastructure surveying works within their management scope based on the provisions of Clause 2 and Clause 3 of this Article and other relevant laws.

Article 16. Responsibilities for Protecting Infrastructure Surveying Works

1. The agency or organization directly responsible for protecting infrastructure surveying works shall take the lead and cooperate with the People's Committee at the commune level to publicly announce boundary markers and the boundaries of the protective zone for infrastructure surveying works, and bear responsibility for ensuring the safety of infrastructure surveying works; in cases where the protective zone for infrastructure surveying works is encroached upon, occupied, or used illegally, they must promptly report and request the People's Committee at the commune level where the encroachment, occupation, or illegal use occurs to handle the situation; annually report the status of infrastructure surveying works in accordance with Article 4 of this Decree.

2. The People's Committees at all levels where there are infrastructure surveying works have the responsibility to cooperate with the agencies and organizations directly responsible for protecting infrastructure surveying works to publicize and disseminate the relevant legal provisions concerning the protection of infrastructure surveying works; publicly announce boundary markers and the boundaries of the protective zone for infrastructure surveying works; promptly handle cases of encroachment, occupation, or illegal use of the protective zone for infrastructure surveying works.

Article 17. Relocation and Demolition of Survey Infrastructure Works

1. National survey origin points shall not be relocated or demolished.

2. The relocation and demolition of remote sensing data receiving stations shall be carried out in accordance with the provisions of the Decree on Remote Sensing Activities.

3. The relocation and demolition of survey markers and satellite positioning stations shall be carried out in the following cases:

a) Due to economic and social development requirements, national defense, and security needs, where survey infrastructure works cannot continue to exist or operate normally according to national technical standards and regulations;

b) Due to natural conditions and disasters that cause damage or loss of survey markers, or other external influences that cause damage, loss, or change in position of survey markers;

c) Upon expiration of their service life, when they are no longer usable, or when they have been replaced by other survey infrastructure works.

4. The relocation of survey markers on land areas already allocated to agencies and organizations shall be implemented as follows:

a) Agencies and organizations submit a document requesting the relocation of survey markers to the People's Committee of the province, clearly stating the reasons for the need to relocate. The People's Committee of the province decides on the relocation of survey markers within its management scope. For survey markers outside its management scope, the People's Committee of the province sends a document to ministries, ministerial-level agencies, and government agencies related to the matter for resolution;

b) When authorized agencies approve the relocation of survey markers, the specialized agency under the People's Committee of the province responsible for natural resources and environment prepares the technical design and budget for the relocation of survey markers to be submitted to the People's Committee of the province for approval;

For survey markers outside the management scope of the People's Committee of the province, the specialized agency under the People's Committee of the province responsible for natural resources and environment sends the technical design and budget to ministries, ministerial-level agencies, and government agencies related to the matter for review before submitting to the People's Committee of the province for approval;

c) Agencies and organizations requesting the relocation of survey markers are responsible for transferring the approved budget according to the technical design and budget to the specialized agency under the People's Committee of the province responsible for natural resources and environment. Within ten days from the date of receipt of the funds, the specialized agency under the People's Committee of the province responsible for natural resources and environment must organize the relocation of survey markers;

d) After completing the relocation of survey markers, the specialized agency under the provincial People's Committee is responsible for handing over the results of the relocation of survey markers in accordance with Clause 7, Article 36 of the Law on Surveying and Mapping and Clause 3, Article 12 of this Decree. For survey markers outside the management scope, the People's Committee of the province sends the results of the relocation of survey markers to ministries, ministerial-level agencies, and government agencies related to the matter.

5. The relocation of survey markers when allocating land to agencies, organizations, and individuals shall be implemented as follows:

a) The competent authority for land allocation in accordance with the laws on land shall be responsible for organizing the review and counting of survey markers on the land area intended to be allocated to agencies, organizations, and individuals, and sending them to the specialized agency under the People's Committee of the province responsible for natural resources and environment as the basis for preparing the technical design and budget for relocating relevant survey markers to be submitted to the People's Committee of the province for approval;

b) The approved budget for relocating survey markers serves as the basis for agencies, organizations, and individuals to compensate for the relocation of survey markers on the land area intended to be allocated;

c) The implementation of the relocation of survey markers and the handover of the results of the relocation of survey markers shall be carried out in accordance with point c and d of Clause 4 of this Article.

6. The relocation of survey markers due to the influence of natural conditions, disasters, and other external factors causing damage, loss, or change in position shall be carried out as follows:

a) The specialized agency under the People's Committee of the province responsible for natural resources and environment or the specialized management agency of survey markers under the People's Committee of the province prepares and submits the technical design and budget for relocating survey markers within their management scope to the People's Committee of the province for approval, and organizes the implementation of the relocation after approval;

b) The specialized management agency under the Ministry of Natural Resources and Environment, or the specialized management agency under ministries, ministerial-level agencies, and government agencies prepares and submits the technical design and budget for relocating survey markers within their management scope to the Minister, Head of the ministerial-level agency, or Head of the government agency for approval, and organizes the implementation of the relocation after approval.

7. The relocation of satellite positioning stations shall be carried out as follows:

a) The People's Committee of the province sends a document requesting ministries, ministerial-level agencies, and government agencies related to the satellite positioning station to be relocated, along with the decision approving the project for economic and social development, national defense, and security, to require the relocation of the satellite positioning station;

b) Ministries, ministerial-level agencies, and government agencies coordinate with the People's Committee of the province to agree and select new locations for relocating the satellite positioning station;

c) The People's Committee of the province organizes the preparation of a project for relocating the national satellite positioning station and sends it to ministries, ministerial-level agencies, and government agencies related to the matter for comments before approval;

d) The People's Committee of the province coordinates with the Ministry of Natural Resources and Environment through the specialized management agency under the Ministry of Natural Resources and Environment to organize the relocation of the national satellite positioning station;

đ) The People's Committee of the province coordinates with ministries, ministerial-level agencies, and government agencies to organize the relocation of specialized satellite positioning stations.

8. The demolition of survey infrastructure works due to expiration of their service life, being no longer usable, or having been replaced by other survey infrastructure works shall be decided by the Minister, Head of the ministerial-level agency, Head of the government agency, or Chairman of the People's Committee of the province in accordance with the laws on the management and use of public assets.

Chapter V

STORAGE, PROTECTION, SUPPLY, EXCHANGE, EXPLOITATION, AND USE OF SURVEYING INFORMATION, DATA, PRODUCTS, AND MAPS

Article 18. Storage of information, data, surveying and mapping products

1. Information, data, and surveying and mapping products implemented with state budget funds must be submitted for storage by the project or program sponsor according to regulations. The submission deadline shall not exceed thirty days from the date of acceptance by the sponsor.

2. Information, data, and products of basic surveying and mapping activities shall be submitted including one set of digital data and one set of original printed data on paper for storage at the specialized management agency under the Ministry of Natural Resources and Environment, which includes:

a) Program, project, technical design - estimate; final report on completion of the program, project, technical design - estimate;

b) Information and data about national control points and national surveying networks including network diagrams, point descriptions, measurements, adjustment results, field handover records of survey markers;

c) Aerial image data and remote sensing image data serving basic surveying and mapping activities including original images, image positioning data, processed image data;

d) National geographic base data including national geographic base data with metadata, elevation data, control image thickness data;

đ) Surveying and mapping product data of national topographic maps including original digital national topographic maps with map history, published topographic map products;

e) Surveying and mapping product data related to national borders including border demarcation treaties with accompanying border demarcation maps, protocols on land boundary delimitation and marker placement with national border maps; files on boundary delimitation and marker placement; agreements on maritime boundary delimitation; standard national border maps;

g) Surveying and mapping product data related to administrative boundaries including files accompanied by administrative boundary maps at various levels;

h) Geographical name data including digital and printed geographical name lists;

i) Other information, data, and products according to the approved program, project, or technical design - estimate for basic surveying and mapping activities;

3. Information, data, and products of specialized surveying and mapping activities shall be submitted for storage at the specialized management agency under the Ministry of Natural Resources and Environment, which includes:

b) Information and data related to topographic, hydrographic, transportation, population, vegetation cover, and geographical name data updated by ministries, agencies equivalent to ministries, provincial people's committees during the use of national geographic base data and national topographic maps;

4. The list of information, data, and products of basic surveying and mapping activities to be submitted for storage at the specialized environmental resource management agency under the provincial people's committee includes the lists specified in points a, c, d, đ, and i of Clause 2 of this Article within the scope of management of the provincial people's committee;

5. The list of information, data, and products of specialized surveying and mapping activities to be submitted for storage at archives under ministries, agencies equivalent to ministries, government agencies, and provincial people's committees shall be determined by the Minister, head of an agency equivalent to a ministry, head of a government agency, or chairman of a provincial people's committee;

6. Submitted information, data, and products for storage must be signed and stamped for confirmation by the head of the sponsoring agency, the head of the construction unit or contractor, the head of the quality inspection unit, and other competent authorities as prescribed by relevant laws;

7. Submission of information, data, and surveying and mapping products for storage shall be carried out as follows:

a) The submitting agency or organization shall notify the archive agency or organization about the submission of information, data, and surveying and mapping products;

b) Within two working days from the receipt of the notification, the archive agency or organization shall be responsible for receiving and preparing a handover record according to Model No. 06 of Appendix I issued together with this Decree;

8. The archive agency or organization shall be responsible for organizing the storage of information, data, and surveying and mapping products according to legal regulations on archiving, ensuring sufficient material, equipment, and facilities for storage, safe preservation, and convenient exploitation and use;

9. Basic surveying and mapping information, data, and products stored historically include the data specified in points b, d, đ, e, g, and h of Clause 2 of this Article; specialized surveying and mapping information, data, and products stored historically shall be governed by relevant legal provisions;

10. Surveying and mapping information, data, and products that are public assets stored in agencies may be destroyed after being stored for at least ten years, having been replaced by new information, data, and products, and no longer having any value for use.

Article 19. Destruction of Information, Data, Survey Products, and Maps

1. The destruction of information, data, survey products, and maps under agency storage shall be carried out as follows:

a) Each year, agencies and organizations storing information, data, survey products, and maps shall prepare a list of information, data, and products that have lost their value for use and propose their destruction, to be submitted to the immediate superior management agency (at the bureau level, department level, or equivalent).

b) The immediate superior management agency shall prepare a report along with the list of information, data, and products that have lost their value for use and submit it to the principal managing agency (ministry, ministry-level agency, government-affiliated agency, provincial People's Committee) requesting their destruction.

c) After receiving approval from the principal managing agency (ministry, ministry-level agency, government-affiliated agency, provincial People's Committee) regarding the destruction of information, data, survey products, and maps, the bureau-level, department-level, or equivalent superior management agency shall establish a Committee for the Destruction of Information, Data, Survey Products, and Maps.

2. The dossier for the destruction of information, data, survey products, and maps that have lost their value includes:

a) A request for destruction from the agency or organization storing information, data, survey products, and maps containing materials that have lost their value.

b) A report requesting the destruction of information, data, and products that have lost their value from the bureau-level, department-level, or equivalent superior management agency.

c) An approval document from the principal managing agency regarding the destruction.

d) A decision establishing the Committee for the Destruction of Information, Data, Survey Products, and Maps.

đ) Minutes of the Committee for the Destruction of Information, Data, Survey Products, and Maps determining the value of information, data, survey products, and maps.

e) A request for verification from the management agency of information, data, survey products, and maps that have lost their value, sent to the state management agency at the same level responsible for archiving to verify the information, data, and survey products that need to be destroyed according to the laws on archiving.

g) A verification document from the state management agency on archiving.

h) A decision on the destruction of information, data, survey products, and maps that have lost their value from the bureau-level, department-level, or equivalent superior management agency.

i) Minutes of the transfer of information, data, survey products, and maps for destruction.

k) Minutes of the destruction of information, data, survey products, and maps that have lost their value.

Article 20. Confidentiality of Information, Data, Survey Products, and Maps

1. The Minister, Head of a ministry-level agency, Head of a government-affiliated agency, and Chairman of the provincial People's Committee shall be responsible for organizing the implementation of confidentiality measures for information, data, survey products, and maps within their jurisdiction according to the laws on protecting state secrets.

2. Agencies, organizations, and individuals related to information, data, survey products, and maps must comply with the laws on protecting state secrets.

Article 21. Provision of Information, Data, Survey Products, and Maps to Domestic Organizations and Individuals

2. Information, data, and survey products and maps specified in Point đ Clause 3 Article 41 of the Law on Surveying and Mapping shall be published and widely provided to agencies, organizations, and individuals based on usage needs.

4. When providing through the Internet for information, data, and survey products and maps not included in the List of State Secrets, the party requesting the provision of information, data, and survey products and maps must send a file containing the introduction letter or official document from the agency or organization; a file containing the request form for the provision of information, data, and survey products and maps, and sign with a digital signature; if there is no digital signature, the party requesting the provision of information, data, and survey products and maps must present their national identity card, passport, or citizen identification card when opening an online transaction account, and provide a mobile phone number for the provider to send a transaction confirmation code.

5. The provision of information, data, survey products, and maps listed in the List of State Secrets to agencies, organizations, and individuals shall be carried out in accordance with the laws on protecting state secrets.

6. Agencies and organizations specified in Clause 5 of this Article requesting the provision of information, data, survey products, and maps listed in the List of State Secrets must submit a document to the authorized person specified in Clause 8 of this Article. The document must clearly state the name of the agency or organization; the representative of the agency or organization; the information, data, and survey products and maps listed in the List of State Secrets requested for provision; the purpose of use; and a commitment to protect state secrets.

7. Individuals requesting the provision of information, data, survey products, and maps listed in the List of State Secrets must submit a document to the authorized person specified in Clause 8 of this Article. The document must clearly state the full name; national identity card number or citizen identification card number or passport number or Public Security Citizen Identification Card number or People's Army Citizen Identification Card number; contact address; or position; the information, data, and survey products and maps listed in the List of State Secrets requested for provision; the purpose of use; and a commitment to protect state secrets.

8. The authorized person deciding on the provision of information, data, survey products, and maps listed in the List of State Secrets shall implement according to the laws on protecting state secrets.

9. When receiving complete application files for requesting information, data, surveying products, and maps as prescribed, the agency or organization entrusted with providing such information, data, and products shall be responsible for providing them immediately on the day of work or at the agreed time with the requesting party. In cases where the provision of information, data, and products is refused, the agency or organization entrusted with providing must respond in writing to the agency, organization, or individual the reasons for not providing.

Article 22. Exchange and Provision of Information, Data, Surveying Products, and Maps with International Organizations and Foreign Organizations and Individuals

1. The exchange and provision of information, data, and surveying products that are not classified as state secrets to international organizations, foreign organizations, and individuals shall be carried out according to the provisions of Clauses 1, 2, 3, and 4 of Article 21 of this Decree.

2. The exchange and provision of information, data, and surveying products classified as state secrets to foreign organizations and individuals in cases where there is no international treaty to which the Socialist Republic of Vietnam is a member shall be implemented as follows:

a) Information, data, and surveying products classified as Top Secret and Confidential state secrets may only be provided to foreign organizations and individuals participating in international cooperation programs and projects with Vietnamese agencies and organizations.

b) The person authorized to decide on the provision of information, data, and surveying products classified as state secrets to foreign organizations and individuals shall implement according to the laws on protecting state secrets.

c) Foreign organizations sending written requests for the provision of information, data, and surveying products within the scope of Top Secret and Confidential state secrets according to Model No. 09a Appendix I issued together with this Decree to the Vietnamese agency or organization leading the international cooperation program or project related to information, data, and surveying products within the scope of state secrets. The document clearly states the name of the organization, the representative's name; nationality, passport number, position of the representative; requested information, data, and surveying products; purpose of use; commitment to protect state secrets and not provide to third parties without the provider's consent.

d) Foreign individuals sending written requests for the provision of information, data, and surveying products within the scope of Top Secret and Confidential state secrets according to Model No. 09b Appendix I issued together with this Decree to the Vietnamese agency or organization leading the international cooperation program or project. The document clearly states full name; passport number, contact address; requested information, data, and surveying products; purpose of use; commitment to protect state secrets and not provide to third parties without the provider's consent.

đ) The Vietnamese agency or organization leading the international cooperation program or project related to information, data, and surveying products within the scope of Top Secret and Confidential state secrets shall be responsible for reviewing and recommending the person authorized as stipulated in Point b Clause 2 of this Article to make the decision.

e) When receiving complete application files for requesting information, data, and surveying products as prescribed, the agency or organization providing information, data, and products shall be responsible for providing them immediately on the day of work or at the agreed time with the requesting party or responding in writing to the agency, organization, or individual the reasons for not providing in case of refusal to provide information, data, and surveying products.

Article 23. Exploitation and use of information, data, surveying products, and maps

1. Information, data, surveying products, and maps shall only be used for the purposes specified in the information request form and shall not be provided for other purposes.

2. Organizations and individuals must report and provide relevant information back to the supplying agency or organization if they discover errors or inconsistencies with reality during the exploitation and use of information, data, surveying products, and maps.

3. The agencies and organizations providing information, data, surveying products, and maps shall have the responsibility to verify and confirm the information reported and provided back by organizations and individuals according to Clause 2 of this Article to take timely measures and update the information accordingly.

4. Organizations and individuals using public property information, data, and maps must pay fees as prescribed by laws on fees and charges; when using map publications, they must pay costs as prescribed by laws on prices, except for map publication products provided free of charge by the state according to regulations.

5. The Ministry of Finance shall stipulate fees for the exploitation and use of public property information, data, and surveying products as prescribed in Clauses 2 and 3 of Article 39 of the Law on Surveying and Mapping; it shall also stipulate exemptions and reductions in fees for the exploitation and use of information, data, and surveying products for national defense, security, disaster prevention and mitigation, rescue operations, environmental remediation, and climate change response according to laws on fees and charges.

Chapter VI

BUILDING NATIONAL SPATIAL DATA INFRASTRUCTURE

Article 24. Development Strategy and Implementation Plan for National Spatial Data Infrastructure

1. Principles and establishment of the development strategy for national spatial data infrastructure are as follows:

a) Principles for establishing the strategy: Consistent with the national socio-economic development strategy, overall planning, ensuring the construction and development of national spatial data infrastructure to meet management requirements, serve the construction of an electronic government, ensure national defense and security; prevent natural disasters, rescue operations, environmental remediation, and climate change response; facilitate the provision of public services; ensure connectivity and interoperability with spatial data infrastructure among ministries, sectors, and localities;

b) The national spatial data infrastructure development strategy is approved by the Government, established for a ten-year period, and developed concurrently with the development strategy for the surveying and mapping sector.

2. The national spatial data infrastructure development strategy includes the following main contents:

a) Views, vision, and objectives;

b) Policies for building national spatial data infrastructure;

c) Tasks for building national spatial data infrastructure including setting technical standards and specifications, technical regulations; selecting and developing technology; collecting and integrating spatial data; utilizing spatial data;

d) Resources for building and developing national spatial data infrastructure;

đ) Solutions for implementing the national spatial data infrastructure development strategy; programs, projects, tasks for building national spatial data infrastructure;

e) Allocation of responsibilities for organizing the implementation of the national spatial data infrastructure development strategy by ministries, ministerial-level agencies, governmental agencies, and provincial people's committees.

3. Based on the national spatial data infrastructure development strategy, the Ministry of Natural Resources and Environment shall lead and coordinate with ministries, ministerial-level agencies, governmental agencies, and provincial people's committees to develop an overall implementation plan for building the national spatial data infrastructure, to be submitted to the Government for approval according to Clause 3 of Article 44 of the Law on Surveying and Mapping.

4. Ministries, ministerial-level agencies, governmental agencies, and provincial people's committees shall organize the development and implementation of five-year and annual plans based on their assigned objectives, tasks, and responsibilities in the national spatial data infrastructure development strategy, in accordance with the overall plan already approved according to this Clause, ensuring that the national spatial data infrastructure operates synchronously before 2025.

Article 25. Policies and Resources for Building and Developing National Geospatial Data Infrastructure

1. The policy for developing the national geospatial data infrastructure is as follows:

a) The State shall invest in building and developing the national geospatial data infrastructure to meet the requirements of state management, economic and social development, ensuring national defense and security;

b) Encourage the participation of organizations, individuals, and communities in the construction and development of the national geospatial data infrastructure; create favorable conditions for organizations and individuals to access and use the national geospatial data infrastructure;

c) The national geospatial data infrastructure must be utilized in the state management of ministries, ministerial-level agencies, People's Committees at all levels, in e-Government; in planning for economic and social development, natural resource management and environmental protection, land management;

d) Promote the participation and connection of the national geospatial data infrastructure into regional and global geospatial data infrastructure networks.

2. Resources for building and developing the national geospatial data infrastructure include:

a) Financial resources: The State shall concentrate investment funds to complete the construction of framework data and specialized data as prescribed in Article 45 of the Law on Surveying and Mapping; mobilize social resources to participate in the construction and development of the national geospatial data infrastructure;

b) Human resources: Train human resources to meet the requirements of constructing and developing the national geospatial data infrastructure; popularize knowledge and courses on geospatial data infrastructure in universities related to surveying and mapping, information technology fields; enhance awareness about the national geospatial data infrastructure among management officials in state agencies and organizations related to the management, storage, and provision of geospatial data; disseminate and promote awareness within the community regarding the use, participation in, and updating of the national geospatial data infrastructure;

c) Scientific and technological resources: Focus on researching, developing, and applying advanced technologies in collecting, processing, and building geospatial data suitable for the development of the national geospatial data infrastructure; research and develop open-source software, cloud computing, and artificial intelligence technologies using domestic human resources.

Article 26. Technology, Standards, and Technical Regulations for the National Geospatial Data Infrastructure

1. The development and application of technology for the national geospatial data infrastructure includes the following main contents:

a) Develop and improve modern technology applications in collecting, updating, and processing geospatial data including satellite positioning technology, remote sensing technology, seabed depth measurement technology to ensure rapid, timely, accurate, and effective data collection, updating, and processing;

b) Apply network technology, build the system architecture of the national geospatial data infrastructure to ensure its connectivity with the e-Government; ensure quick, simple, and easy access to geospatial data; ensure data security;

c) Vigorously apply cloud computing and artificial intelligence technology in providing geospatial data and data services.

2. Standards, technical regulations, and technical provisions for the national geospatial data infrastructure must be developed in a coordinated manner to ensure the accuracy of national geospatial data, facilitate connectivity, integration, accessibility, and data security, including:

a) Standards, technical regulations, and technical provisions for geospatial data and metadata;

b) Standards, technical regulations, and technical provisions for the system architecture of the national geospatial data infrastructure including standards for network architecture and information network infrastructure;

c) Standards, technical regulations, and technical provisions for geospatial data display, sharing, conversion, integration, querying, and downloading services.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, ministerial-level agencies, and government agencies to determine the list of standards, technical regulations, and technical provisions to be uniformly applied in the construction of the national geospatial data infrastructure; unify the assignment of responsibilities for organizing the development of standards, technical regulations, and technical provisions according to the determined list in accordance with their respective management scopes.

Article 27. Construction and Integration of Geospatial Data

1. Each type of geospatial data shall be collected and updated only by one agency, and stored according to the分级管理。

a) Construction of the framework data as prescribed in Clause 2, Article 45 of the Law on Surveying and Mapping;

b) Construction of specialized map data as prescribed at points c and d, Clause 3, Article 45 of the Law on Surveying and Mapping; specialized map data on environmental accident prevention and response, climate change adaptation as prescribed at point k, Clause 3, Article 45 of the Law on Surveying and Mapping;

c) Construction of national-level planning maps, regional-level planning maps within its scope of management;

d) Integration of national geospatial data.

a) Specialized map data as prescribed at points đ and e, Clause 3, Article 45 of the Law on Surveying and Mapping, specialized map data on disaster prevention and control as prescribed at point k, Clause 3, Article 45 of the Law on Surveying and Mapping;

b) National-level planning maps, regional-level planning maps within its scope of management.

a) Urban planning maps, rural planning maps within its scope of management as prescribed at point m, Clause 3, Article 45 of the Law on Surveying and Mapping;

b) National-level planning maps, regional-level planning maps within its scope of management.

a) Specialized map data as prescribed at points h and 1, Clause 3, Article 45 of the Law on Surveying and Mapping;

b) Port area nautical charts and maritime route charts as prescribed at point i, Clause 3, Article 45 of the Law on Surveying and Mapping;

c) National-level planning maps, regional-level planning maps within its scope of management.

6. The Ministry of National Defense shall be responsible for organizing the construction of marine charts within its scope of management as prescribed at point i, rescue and emergency response map data on the sea as prescribed at point k, Clause 3, Article 45 of the Law on Surveying and Mapping;

7. Ministries, agencies equivalent to ministries, and government-affiliated agencies not covered under Clauses 2, 3, 4, 5, and 6 of this Article shall be responsible for organizing the construction of national-level planning maps, regional-level planning maps within their scope of management as prescribed at point m, Clause 3, Article 45 of the Law on Surveying and Mapping.

8. Provincial People's Committees shall be responsible for organizing the construction of:

a) Maps as prescribed at points a, b, and g, Clause 3, Article 45 of the Law on Surveying and Mapping;

b) Rescue and emergency response maps within their scope of management as prescribed at point k, Clause 3, Article 45 of the Law on Surveying and Mapping;

c) Provincial planning maps, special administrative-economic unit planning maps within their scope of management as prescribed at point m, Clause 3, Article 45 of the Law on Surveying and Mapping.

9. Organizations and individuals may participate in constructing and updating geospatial data as prescribed in Article 45 of the Law on Surveying and Mapping; organizations and individuals are encouraged to construct, provide, and share their own data to complete the national geospatial data.

10. The specialized agency under the Ministry of Natural Resources and Environment responsible for surveying and mapping shall be the lead agency in building the national geospatial data infrastructure; ministries, agencies equivalent to ministries, and government-affiliated agencies shall designate subordinate agencies as lead agencies in building the national geospatial data infrastructure within their organizational implementation responsibilities; provincial natural resources and environment specialized agencies shall be the lead agencies in building the national geospatial data infrastructure within the organizational implementation responsibilities of provincial people's committees.

Article 28. Construction and Operation of the Vietnam Geospatial Information Portal

1. The Vietnam Geospatial Information Portal shall be organized according to the model of a geospatial data center, linking and managing uniformly geospatial databases through network Internet access addresses. The Vietnam Geospatial Information Portal includes hardware, management system software, operation, exploitation, application systems; telecommunications networks; data catalogues and frame data, specialized data catalogues, metadata, data services; material conditions ensuring continuous and safe operation.

2. Ministries, ministerial-level agencies, government agencies, provincial people's committees must ensure that the geospatial data they are responsible for organizing and constructing in accordance with Article 27 of this Decree are connected and integrated with the Vietnam Geospatial Information Portal.

3. The Minister of Natural Resources and Environment shall develop and submit to the Prime Minister for issuance a plan to implement the construction and Management Regulations for the operation of the Vietnam Geospatial Information Portal.

4. The specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment shall build, manage, and operate the Vietnam Geospatial Information Portal in compliance with the requirements stipulated in Article 48 of the Law on Surveying and Mapping, in accordance with the Management and Operation Regulations for the Vietnam Geospatial Information Portal and consistent with other relevant legal provisions.reason, implement the geographic information gateway of Vietnam in accordance with other relevant legal provisions.

Chapter VII

LICENSE FOR SURVEYING AND MAPPING ACTIVITIES

Article 29. List of Surveying and Mapping Activities Requiring a License

1. Preparing project proposals, projects, technical design - budget estimates for basic and specialized surveying and mapping tasks.

2. Quality control of basic and specialized surveying and mapping products.

5. Processing remote sensing image data.

8. Surveying and creating seabed topographic maps.

9. Surveying and creating administrative boundary maps.

10. Surveying and creating cadastral maps.

11. Creating administrative maps.

12. Surveying and creating nautical charts.

13. Surveying and creating engineering maps.

Article 30. Surveying and Mapping Activity License

1. The surveying and mapping activity license issued to organizations in accordance with Article 51 of the Law on Surveying and Mapping has a validity period of five years, with each renewal also being five years. Licenses issued to foreign contractors must specify the area of operation and have a duration corresponding to the time required to complete the surveying and mapping content within the tender package. Licenses can be renewed for the duration necessary to complete the surveying and mapping content within the tender package.

The surveying and mapping activity license follows Model No. 16 of Appendix I accompanying this Decree, including key information such as name, main office address, contact phone number, fax, email, website, establishment decision number or business code, list of licensed surveying and mapping activities, date of issue, validity period, scope of operation, supplementary list of surveying and mapping activities, and signatory of the license.

2. The license for surveying and mapping activities according to Model No. 16 attached as Appendix I of this Decree shall include main information on name, principal office address, contact phone number, fax, email, website, establishment decision number of the organization or business code, list of licensed surveying and mapping activities, issuance date, validity period of the license, scope of operation, supplementary list of surveying and mapping activities, and signatory of the license.

An organization will be granted a surveying and mapping activity license if it meets all the conditions specified in Article 52 of the Law on Surveying and Mapping, including having a minimum of four technical staff members with at least a secondary level education in surveying and mapping.

a) An application form or an electronic file containing the application form for obtaining a permit for surveying and mapping activities according to Model No. 10 of Appendix I issued together with this Decree;

b) A copy or an electronic file of the original decision on functions and tasks or Business Registration Certificate;

c) A copy or an electronic file of the original university degree or higher in surveying and mapping, work experience statement or an electronic file of the work experience statement of the technical manager according to Model No. 12 of Appendix I issued together with this Decree or a Level I professional license in surveying and mapping, employment contract or recruitment decision, appointment decision of the technical manager;

d) A copy or an electronic file of the original certificate, diploma, or professional qualification in surveying and mapping, employment contract or recruitment decision of technical staff in surveying and mapping;

đ) A copy or an electronic file of the original invoice or document proving ownership or right to use surveying equipment, devices, software, and surveying and mapping technology.

2. The documents of foreign contractors applying for a permit for surveying and mapping activities include:

a) An application form or an electronic file containing the application form for obtaining a permit for surveying and mapping activities according to Model No. 11 of Appendix I issued together with this Decree;

b) A copy or an electronic file of the original decision on winning the bid (or the decision on being selected for the bid) issued by the project owner, which includes the content regarding surveying and mapping activities that require a permit;

c) A copy or an electronic file of the original certificate, diploma, or professional qualification in surveying and mapping, labor permit issued by the competent authority in accordance with the laws on foreign workers working in Vietnam for technical staff who are foreigners; or certificates, diplomas, or professional qualifications in surveying and mapping, employment contracts of Vietnamese technical staff in surveying and mapping corresponding to the number and level of expertise in the bidding documents that have won the bid or been selected;

d) A copy or an electronic file of the original invoice or document proving ownership or right to use surveying equipment, devices, software, and surveying and mapping technology consistent with the bidding documents that have won the bid or been selected.

Article 33. Procedures for Issuing a Permit for Surveying and Mapping Activities

a) Organizations applying for a permit under ministries, ministerial-level agencies, government agencies established by decisions of the Government; state-owned corporations established by decisions of the Prime Minister; organizations under ministries, ministerial-level agencies, government agencies having legal personality and independent accounting; organizations having legal personality and independent accounting under state-owned corporations established by decisions of the Prime Minister; organizations under central bodies of social-professional organizations; foreign contractors submit one set of documents through the online public service system of the Ministry of Natural Resources and Environment or send directly or through postal services to the specialized management agency for surveying and mapping under 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 their documents through the online public service system of the provincial People's Committee connected to the online public service system of the Ministry of Natural Resources and Environment or send directly or through postal services to the specialized agency on natural resources and environment under the provincial People's Committee.

2. Receiving applications

Within two working days from the date of receipt of the documents as prescribed in Clause 1 of this Article, the receiving agency shall be responsible for checking the application documents. In case the documents are incomplete or not in compliance with the regulations, the receiving agency shall notify the organization applying for the permit in writing or by email about completing the documents in accordance with the regulations.

3. Reviewing files

a) The specialized management agency for surveying and mapping under the Ministry of Natural Resources and Environment shall review the documents of the organizations specified in point a of Clause 1 of this Article;

b) The specialized agency on natural resources and environment under the provincial People's Committee shall review the documents of the organization as prescribed in point b of Clause 1 of this Article;

The Review Team shall be responsible for inspecting and reviewing the suitability of the documents concerning human resources, surveying equipment, devices, software, and surveying and mapping technology compared to the actual situation of the organization applying for the permit; determine the capability of the organization in implementing the proposed surveying and mapping activities; prepare a review record of the application documents for issuing a permit for surveying and mapping activities according to Model No. 15 of Appendix I issued together with this Decree;

đ) Within six working days from the date of receiving the documents, the specialized agency on natural resources and environment under the provincial People's Committee shall organize the review, send the review record along with the application documents for issuing 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 connected to the online public service system of the Ministry of Natural Resources and Environment;

e) Within the time limit prescribed in points d and đ of this clause, in case the organization does not meet the conditions for issuing a permit, the receiving agency shall notify the organization applying for the permit, clearly stating the reasons for not issuing the permit and return the documents to the organization applying for the permit.

a) Within two working days from the date of receiving the inspection report on the application dossier for issuing a surveying and mapping business license, the head of the specialized management agency under the Ministry of Natural Resources and Environment shall approve and issue the surveying and mapping business license.

b) The specialized management agency under the Ministry of Natural Resources and Environment shall notify the organization of the completion of the issuance of the business license, return the surveying and mapping business license and the application dossier to the organization, and send an electronic file containing a copy of the business license to the specialized agency under the provincial People's Committee for coordination in managing organizations that were inspected by such specialized agencies when the business license was issued.

1. The application dossier of an organization requesting the issuance of additional surveying and mapping business activities includes:

a) An application form or an electronic file containing the application form for additional surveying and mapping business activities according to Model No. 13 of Appendix I promulgated together with this Decree;

b) A copy or an electronic file containing a photograph of the original qualification certificate, professional certificate, and labor contracts or recruitment decisions of the additional technical staff involved in surveying and mapping;

c) A copy or an electronic file containing a photograph of the original invoice or other documents proving ownership of additional surveying and mapping equipment, devices, software, and technology;

d) The original surveying and mapping business license already issued.

2. The procedures for issuing additional surveying and mapping business activities include:

a) The submission of the application dossier, acceptance of the application dossier, responsibility for inspecting the application dossier, and the inspection of the application dossier for additional surveying and mapping business activities shall be carried out in accordance with the provisions of Clauses 1, 2, and Clause 3 of Article 33 of this Decree. The inspection report for additional surveying and mapping business activities shall be made according to Model No. 15 of Appendix I promulgated together with this Decree;

b) The issuance of additional surveying and mapping business activities into the surveying and mapping business license and the return of the business license to the organization shall be carried out in accordance with the provisions of Clause 4 of Article 33 of this Decree;

c) The head of the specialized management agency under the Ministry of Natural Resources and Environment shall approve and issue additional surveying and mapping business activities into the already issued surveying and mapping business license. The validity period of the business license remains unchanged as stated on the previously issued business license.

Article 35. Extension of Surveying and Mapping Business License

a) An application form for extending the surveying and mapping business license according to Model No. 14 of Appendix I promulgated together with this Decree;

b) The original surveying and mapping business license already issued.

a) The organization requesting the extension of the surveying and mapping business license shall submit one set of the application dossier in accordance with Clause 2 of this Article through the online public service system or directly or via postal services to the specialized management agency under the Ministry of Natural Resources and Environment;

b) Within three working days from the date of receipt of the complete extension application dossier, the specialized management agency under the Ministry of Natural Resources and Environment shall be responsible for checking information about the already issued business license, completing the extension of the surveying and mapping business license, returning the extended business license to the organization, and sending an electronic file containing a copy of the extended business license to the specialized agency under the provincial People's Committee for organizations that were inspected by such specialized agencies when the business license was issued.

In case the application dossier does not comply with the regulations, the specialized management agency under the Ministry of Natural Resources and Environment shall be responsible for notifying the organization requesting the extension of the surveying and mapping business license in writing or by email about the need to complete the dossier in accordance with the regulations.

4. Extension of the Surveying and Mapping Business License for Foreign Contractors

a) The surveying and mapping business license of foreign contractors can be extended when the project owner extends the implementation period of the tender package;

b) The application dossier for extending the surveying and mapping business license of foreign contractors as stipulated in Clause 2 of this Article and accompanied by a certified copy of the project owner's documents regarding the extension of the implementation period of the tender package;

c) The procedures for extending the surveying and mapping business license of foreign contractors as stipulated in Clause 3 of this Article;

d) The extension period of the surveying and mapping business license of foreign contractors shall be in accordance with the extended period for implementing the tender package.

Article 36. Reissuing Surveying and Mapping Business Licenses

2. Within three working days from the date of receipt of the application for reissuance of the surveying and mapping business license, the specialized management agency under the Ministry of Natural Resources and Environment shall be responsible for checking information on the previously issued license, completing the reissuance of the surveying and mapping business license, returning the reissued license to the organization, and sending an electronic file containing a copy of the reissued license to the specialized environmental resource agency under the provincial People's Committee for organizations whose licenses were reviewed by such agencies when issuing the original license.

The number of the license, the content of the permitted surveying and mapping activities, and the validity period of the reissued license remain unchanged from the original license.

Article 37. Renewal of Surveying and Mapping Business Licenses

1. A surveying and mapping business license shall be renewed if it falls into one of the following cases:

a) The organization requests renewal due to changes in the main office address and related information recorded on the license;

b) The license is torn, damaged, and cannot be used.

a) A request for renewal of the surveying and mapping business license according to Form No. 14 in Appendix I promulgated together with this Decree;

b) The previously issued surveying and mapping business license.

3. The procedure for requesting renewal of a surveying and mapping business license is as follows:

b) Within three working days from the date of receiving a complete and valid dossier, the specialized management agency under the Ministry of Natural Resources and Environment shall complete the renewal of the surveying and mapping business license, return the renewed license to the organization, and send an electronic file containing a copy of the renewed license to the specialized environmental resource agency under the provincial People's Committee for organizations whose licenses were reviewed by such agencies when issuing the original license.

Organizations requesting issuance or supplementary issuance of surveying and mapping business licenses must pay review fees in accordance with the laws on fees and charges.

1. The specialized management agency under the Ministry of Natural Resources and Environment shall archive the minutes of the review of the application dossiers for licensing, the minutes of the review of supplementary lists of surveying and mapping activities, copies of the licenses; the application dossiers of organizations requesting licenses reviewed by the specialized management agency under the Ministry of Natural Resources and Environment; and electronic files containing the application dossiers of organizations requesting licenses reviewed by the specialized environmental resource agency under the provincial People's Committee.

2. The specialized environmental resource agency under the provincial People's Committee shall archive the minutes of the review of the application dossiers for licensing, the minutes of the review of supplementary lists of surveying and mapping activities, and the application dossiers of organizations requesting licenses reviewed by the specialized environmental resource agency under the provincial People's Committee.

Article 40. Revocation of Surveying and Mapping Business License

1. An organization engaged in surveying and mapping activities shall have its business license revoked if it violates any of the cases stipulated in Clause 6, Article 51 of the Law on Surveying and Mapping.

2. Upon receiving a recommendation letter from the inspection agency, the supervisory agency, or other competent authority as prescribed by law regarding the revocation of the business license for surveying and mapping activities of an organization, the specialized management agency under the Ministry of Natural Resources and Environment shall issue a decision to revoke the business license for surveying and mapping activities, publicly announce the list of organizations whose licenses have been revoked; remove their names from the public list of organizations engaged in surveying and mapping activities on the specialized management agency's electronic portal under the Ministry of Natural Resources and Environment, and send copies of the decision to revoke the business license for surveying and mapping activities to relevant agencies and organizations.

3. An organization whose business license for surveying and mapping activities has been revoked must cease operating surveying and mapping services from the date the revocation decision takes effect; bear responsibility for compensating losses caused to related agencies and organizations due to the revocation of the business license for surveying and mapping activities.

4. An organization whose business license for surveying and mapping activities has been revoked may be granted a new business license after twelve months from the date of revocation, provided that all obligations related to the revocation of the old license have been fulfilled.

Article 41. Content and Time for Publishing Information on Organizations Granted a Business License for Surveying and Mapping Activities

1. The information published about organizations granted a business license for surveying and mapping activities includes the name of the organization, main office address; legal representative; technical manager; establishment decision number or enterprise code, license number, issuance date, expiration date, list of permitted surveying and mapping activities; information on changes related to the license, including revocation.

2. Within two working days from the date of issuance, extension, supplementation, reissuance, replacement, or revocation of the business license for surveying and mapping activities, or upon receipt of information on changes related to the license of an organization granted a business license for surveying and mapping activities, the specialized management agency under the Ministry of Natural Resources and Environment shall be responsible for publishing the information specified in Clause 1 of this Article on the Ministry of Natural Resources and Environment’s electronic portal for wide consultation.

Chapter VIII

SURVEYING AND MAPPING PROFESSIONAL CERTIFICATE

Article 42. List of Surveying and Mapping Professions

1. The list of Class I surveying and mapping professions includes:

a) Preparing project proposals, technical designs - cost estimates for surveying and mapping tasks;

b) Quality control of surveying and mapping products;

c) Surveying and creating maps from aerial photography data, remote sensing imagery data;

d) Establishing national geographic database infrastructure;

đ) Surveying and creating maps using direct measurement methods;

e) Creating specialized maps, map sets.

2. The list of Class II surveying and mapping professions includes:

a) Preparing technical designs - cost estimates for surveying and mapping tasks;

b) Surveying and creating maps from aerial photography data, remote sensing imagery data;

c) Establishing national geographic database infrastructure;

d) Surveying and creating maps using direct measurement methods;

đ) Creating specialized maps.

Article 43. Term and Content of Issuing Surveying and Mapping Practice Certificate

1. The term of the surveying and mapping practice certificate is five years; each renewal period is also five years.

2. The surveying and mapping practice certificate shall be made according to Model No. 19 in Appendix I issued together with this Decree, including the following main information:

a) The practice certificate code consists of two groups, the first group includes three characters representing the issuing authority, which is the specialized agency under the Ministry of Natural Resources and Environment or one of the sixty-three specialized agencies under provincial People's Committees as specified in Appendix II issued together with this Decree, the second group is the certificate number consisting of five digits starting from 00001;

b) Personal information of the certificate holder, including full name, date of birth, citizen identification card number or identity card number, a photograph measuring 4x6 cm, and permanent address;

c) Professional qualifications, major of study, and educational institution;

d) Scope of practice, grade, and term of the certificate;

đ) Signature and seal of the head of the issuing authority.

3. An individual who meets the conditions stipulated in Clause 3, Article 53 of the Law on Surveying and Mapping shall be issued a practice certificate to perform one or more items listed in the Surveying and Mapping Practice List prescribed in Article 42 of this Decree.

4. Each surveying and mapping practice certificate shall be issued for one or more items of practice as specified in the Surveying and Mapping Practice List prescribed in Article 42 of this Decree.

a) The authority responsible for issuing the practice certificate as stipulated in Clause 5, Article 53 of the Law on Surveying and Mapping shall establish an Examination Committee for Issuing Surveying and Mapping Practice Certificates to organize the evaluation of applications, conduct professional experience and legal knowledge examinations for individuals applying for the practice certificate;

b) The head of the authority issuing the practice certificate decides on the composition of the Committee, wherein the Chairman of the Committee is a leader of the issuing authority, the permanent member is a civil servant or officer of the issuing authority. Other members of the Committee are civil servants or officers with appropriate professional qualifications related to the scope of the practice certificate issuance, and experts with relevant professional qualifications invited by the Chairman of the Committee. The Committee has a total of five members;

c) The Examination Committee for Issuing Surveying and Mapping Practice Certificates operates on a part-time basis, in accordance with the Working Regulations issued by the head of the issuing authority.

a) Professional experience and legal knowledge examination;

b) The examination is conducted through a multiple-choice test lasting 45 minutes;

c) The examination questions consist of forty questions, of which twenty-four are about professional experience and sixteen are about legal knowledge related to the requested practice certificate; these questions are randomly selected from a question bank built and published on the website of the specialized agency under the Ministry of Natural Resources and Environment;

d) The maximum score for each examination is 100 points, with sixty points for the professional experience section and forty points for the legal knowledge section. An individual achieving a score of eighty points or higher will meet the requirements for the issuance of the practice certificate.

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

đ) The professional experience examination is conducted separately for each item of practice as specified in the Surveying and Mapping Practice List prescribed in Article 42 of this Decree;

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

3. Individuals eligible for exemption include:

a) Exemption from professional experience examination for Level II surveyors or higher;

b) Exemption from legal knowledge examination on surveying and mapping for individuals holding a bachelor’s degree or higher in law; individuals serving as Team Leader, Deputy Team Leader, Secretary of the Drafting Board, or Editor of at least one legislative document within the jurisdiction of the National Assembly or the Government.

Article 45. Training on Surveying and Mapping Activities

1. Training on surveying and mapping activities shall be conducted at training institutions with functions and tasks related to surveying and mapping training and development.

2. The content of the training program and training materials must align with the framework program of the Ministry of Natural Resources and Environment.

a) An application form for issuance of a professional practice certificate according to Model No. 17 of Appendix I issued together with this Decree, accompanied by one color photograph measuring 4x6 cm with a white background;

b) A copy of the diploma or certificate of specialized knowledge issued by a legitimate educational institution; a health certificate for professional practice issued by a medical examination and treatment facility meeting the prescribed conditions;

c) A declaration of professional experience according to Model No. 18 of Appendix I issued together with this Decree;

d) A copy of the document proving that the individual is exempt from specialized knowledge and legal knowledge examinations.

2. The application documents for issuance of a professional practice certificate for surveying and mapping shall be submitted to the issuing authority through one of the following methods:

a) Through the online public service system;

b) Sending one set of paper documents along with an electronic file containing the documents directly or via postal services.

a) Submitting to the specialized management agency under the Ministry of Natural Resources and Environment for individuals applying for a Class I professional practice certificate;

b) Submitting to the specialized agency under the provincial People's Committee where the individual resides for individuals applying for a Class II professional practice certificate.

4. The competent authority issuing the professional practice certificate shall be responsible for checking the completeness and validity of the application documents. In cases where the application documents do not comply with regulations, the competent authority issuing the professional practice certificate shall notify the individual applying for the certificate in writing or by email about the need to complete the application documents in accordance with the regulations.

1. Within ten working days from the date of announcing the examination results and decision on issuance of the professional practice certificate as stipulated in Clause 6 of Article 44 of this Decree, the head of the competent authority issuing the certificate shall sign and issue the professional practice certificate for surveying and mapping.

2. If an individual does not meet the conditions for issuance of a professional practice certificate for surveying and mapping, the competent authority issuing the certificate must notify the individual applying for the certificate, clearly stating the reasons for not issuing the certificate.

Article 48. Extension of Professional Practice Certificate for Surveying and Mapping

1. Within thirty days before the expiration of the professional practice certificate for surveying and mapping, if an individual requests an extension of the certificate already issued, they shall submit the application documents for extension to the issuing authority to process the extension. The professional practice certificate cannot be extended after its expiration date.

2. The application documents for extension of the professional practice certificate for surveying and mapping include:

b) A declaration of participation in surveying and mapping activities or proof of updating knowledge relevant to the content of professional practice within three years prior to the expiration date of the certificate according to Model No. 20 of Appendix I;

c) A health certificate issued by a medical examination and treatment facility meeting the prescribed conditions;

d) The original professional practice certificate for surveying and mapping already issued.

3. The procedures for extending the professional practice certificate for surveying and mapping are as follows:

a) Individuals applying for extension of the professional practice certificate for surveying and mapping shall submit the application documents as stipulated in Clause 2 of this Article to the issuing authority;

b) Within three working days from the date of receiving complete and valid documents, the competent authority issuing the professional practice certificate shall be responsible for verifying information about the issued professional practice certificate, completing the extension of the professional practice certificate for surveying and mapping, and returning the extended certificate to the individual applying for the extension.

In cases where the application documents do not comply with regulations, the competent authority issuing the certificate shall be responsible for notifying the individual applying for the certificate in writing or by email about the requirement to complete the application documents in accordance with the regulations.

Article 49. Reissuing and Renewing Surveying and Mapping Practice Certificates

1. A surveying and mapping practice certificate shall be reissued if the certificate is lost.

2. A surveying and mapping practice certificate shall be renewed in cases where the certificate is torn, damaged and cannot be used, or when an individual requests to change information in the certificate.

3. The application dossier for reissuing and renewing surveying and mapping practice certificates includes:

b) The previously issued surveying and mapping practice certificate for the case stipulated in Clause 2 of this Article.

4. The procedure for reissuing and renewing surveying and mapping practice certificates is as follows:

a) An individual applying for reissuing and renewing the surveying and mapping practice certificate shall submit the dossier as prescribed in Clause 3 of this Article to the authority that issued the practice certificate;

b) Within three working days from the date of receiving a complete and valid dossier, the competent authority issuing the practice certificate shall complete the reissuing and renewing of the surveying and mapping practice certificate and return the reissued or renewed certificate to the applicant.

In cases where the application documents do not comply with regulations, the competent authority issuing the certificate shall be responsible for notifying the individual applying for the certificate in writing or by email about the requirement to complete the application documents in accordance with the regulations.

The scope of practice and validity period of the reissued or renewed certificate shall remain unchanged compared to the previously issued certificate.

1. A surveying and mapping practice certificate shall be revoked in cases where the certificate holder violates prohibited acts in surveying and mapping activities as stipulated in Article 6 of the Law on Surveying and Mapping and other relevant laws.

2. Upon receipt of a recommendation letter from inspection and supervision agencies or other competent authorities as prescribed by law regarding the revocation of a surveying and mapping practice certificate of an individual, the issuing authority shall issue a decision to revoke the practice certificate, publicly announce the list of individuals whose certificates have been revoked, remove their names from the public list of surveying and mapping practitioners on the issuing authority's website, and send copies of the decision to revoke the practice certificate to related agencies and organizations.

3. An individual whose surveying and mapping practice certificate has been revoked must cease practicing surveying and mapping from the date the revocation decision takes effect and bear responsibility for compensating losses caused to related agencies and organizations due to the revocation of the practice certificate.

Article 51. Archiving Dossiers for Issuing Surveying and Mapping Practice Certificates

1. The competent authority issuing surveying and mapping practice certificates shall archive dossiers for issuing, reissuing, renewing, and extending such certificates.

2. The specialized agency under the provincial People's Committee responsible for natural resources and environment shall send scanned copies of the original surveying and mapping practice certificates issued by them to the specialized agency under the Ministry of Natural Resources and Environment responsible for surveying and mapping.

Article 52. Content and Time for Publishing Information on Individuals Issued with Surveying and Mapping Practice Certificates

2. The time for publishing information is specified as follows:

a) Within three working days from the date of issuance of the practice certificate, the specialized management agency under the Ministry of Natural Resources and Environment shall be responsible for publishing on its electronic portal the information about individuals issued with surveying and mapping practice certificates by the specialized management agency under the Ministry of Natural Resources and Environment.

b) Within three working days from the date of issuance of the practice certificate, the specialized agency under the provincial People's Committee shall be responsible for publishing on its electronic portal and also on the electronic portal of the specialized management agency under the Ministry of Natural Resources and Environment the information about individuals issued with surveying and mapping practice certificates.

c) The published information can be widely accessed.

Chapter IX

IMPLEMENTING PROVISIONS

Article 53. Effective Date

This Decree takes effect from May 1, 2019. Decree No. 45/2015/NĐ-CP dated May 6, 2015 of the Government on surveying and mapping activities ceases to be effective from the date this Decree takes effect.

Article 54. Transitional Provisions

Applications for surveying and mapping activity licenses that have been accepted by competent state agencies for processing according to administrative procedures related to surveying and mapping before the date this Decree takes effect shall continue to be processed in accordance with Decree No. 45/2015/NĐ-CP dated May 6, 2015 of the Government on surveying and mapping activities.

Article 55. Responsibility for Implementation

The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government, and relevant agencies are responsible for implementing this Decree./.

PRIME MINISTER

PRIME MINISTER

(Signed)

Nguyen Xuan Phuc