Decree No. 45/2015/ND-CP on Surveying and Mapping Activities

DECREE

Von surveying and mapping activitiesồ

___________

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

The Government issues this Decree on management and development of industrial clusters.

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

of the Government promulgates the Decree on surveying and mapping activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates surveying and mapping activities within the territory of Vietnam, including land, islands, archipelagos, maritime areas, underground, airspace.

Article 2. Applicability

This Decree applies to state management agencies and organizations and individuals related to surveying and mapping activities, exploitation and use of information, data, and products of surveying and mapping within the territory of Vietnam.

Article 3. Explanation of Terms

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

1. Surveying and mapping is a scientific and technical field using equipment and methods to collect and process information to determine geometric characteristics and attribute information of geographic objects on land, underground, water surface, underwater, seabed, and space in static or dynamic forms over time, and represent the Earth's surface in miniature form through a system of symbols according to certain mathematical rules.

2. Coordinate system is a mathematical coordinate system in space and on a plane for representing the results of surveying and mapping. The national coordinate system is the coordinate system selected for uniform use throughout the country.

3. The national primary surveying data system is a system of geodetic coordinates, astronomical coordinates, satellite coordinates, absolute gravity values, height values, depth values. This system is determined uniformly for the entire country, each national primary surveying datum is attached to a fixed point with a permanent marker on the ground called the national primary surveying point.

4. The basic surveying point system is the entire set of fixed points on the ground to determine the value of quantities of various types: coordinates, heights, depths, gravity, astronomy, satellites at those points to serve as the basis for surveying in each area. The national basic surveying point system is the surveying point system established according to national standards, serving common needs for all sectors and localities, including: National coordinate grid, national height grid, national satellite positioning station system, and national gravity system. The specialized surveying point system is the surveying point system established to meet specific needs of individual sectors or localities.

5. The aerial imagery system is a collection of images taken, laser scanning data of the Earth's surface from devices mounted on aircraft (aircraft images) and satellites or spacecraft (satellite images), including: Basic aerial imagery system and specialized aerial imagery system.

6. The national topographic map system is the topographic map system built according to national standards, covering the entire country or territorial regions on both land and sea islands and seabed at scales of 1:2,000, 1:5,000, 1:10,000, 1:25,000, 1:50,000, 1:100,000, 1:250,000, 1:500,000, 1:1,000,000.

7. Geospatial data is an organized set of information about the spatial location and attributes of geographic objects.

8. Geographic database is a structured set of geographic data. The national geographic database is the geographic database built according to national standards at scales of 1:2,000, 1:5,000, 1:10,000, 1:25,000, 1:50,000, 1:100,000, 1:250,000, 1:500,000, 1:1,000,000.

9. Updating the geographic database is the activity of supplementing and adjusting changes in geographic data according to real entities to be consistent with the current time.

10. The national geospatial data infrastructure is a system including geospatial data, policies, standards, human resources, and necessary tools to connect, share, and use geospatial data effectively and flexibly.

11. Map updating is the activity of renewing the content of the map to be consistent with the current time.

12. Surveying construction works include:

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

b) National surveying datum points;

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

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

13. Surveying and mapping products are the results of surveying and mapping activities.

Article 4. Principles of Surveying and Mapping Activities

1. Surveying and mapping activities must ensure the provision of geographic data to serve economic and social development needs, national defense, security, enhancing public awareness, and promoting social progress.

2. Surveying construction projects are state assets and must be used and protected in accordance with the law.

3. Basic surveying and mapping products must be updated regularly and promptly to meet the requirements of economic and social development, ensuring national defense and security.

4. The establishment of specialized map products and specialized geographic databases must utilize the base layers of the national topographic map and the national geographic database.

5. Organizations and individuals may use surveying and mapping products and conduct surveying and mapping activities in accordance with the provisions of the law.

Chapter II

SURVEYING AND MAPPING ACTIVITIES

Article 5. Basic Surveying and Mapping Activities

Basic surveying and mapping activities involve the construction of technical infrastructure and the establishment of surveying and mapping products to meet common usage needs for various sectors and localities, including:

1. Establishing the national reference system and the national basic surveying data system.

2. Constructing and maintaining the national basic surveying point system.

3. Establishing and updating the national topographic map system, the nationwide administrative map, and provincial-level maps, and the national atlas.

4. Constructing the basic aerial photography system.

5. Constructing and updating the national geographic database.

6. Constructing, updating, managing, and exploiting the geographic information infrastructure.

7. Surveying and mapping of national borders.

8. Surveying and mapping of administrative boundaries.

9. Establishing the place name system used in surveying and mapping.

10. Studying the Earth using surveying and mapping methods.

Article 6. Specialized Surveying and Mapping Activities

1. Surveying and mapping activities serving specific management requirements of individual sectors or localities, including:

a) Establishing specialized basic surveying points systems;

b) Building specialized aerial photography systems;

c) Establishing the cadastral map system, building the cadastral map database, and establishing district-level administrative maps;

d) Establishing topographic maps and thematic maps for specific purposes;

đ) Building specialized geographic databases;

e) Conducting topographic surveys and measurements to serve the design and construction of civil, industrial, transportation, and water conservancy projects.

2. The specialized surveying and mapping activities specified in Points a, b, d, đ, and e Clause 1 of this Article serve the production and business needs of organizations and individuals.

Article 7. Surveying and Mapping Activities for National Defense Purposes

Surveying and mapping activities for national defense purposes include:

1. Establishing military reference systems and coordinate systems.

2. Establishing military navigation positioning systems.

3. Establishing military coordinate points and elevation points.

4. Establishing specialized aerial photography systems for military use.

5. Establishing military topographic maps, nautical charts, and specialized thematic maps for military use.

6. Establishing military geographic databases and specialized geographic information systems for military use.

7. Other activities as prescribed by the Minister of National Defense.

Article 8. Funding for Surveying and Mapping Activities

1. Funding for basic surveying and mapping activities, surveying and mapping activities for national defense purposes, and specialized surveying and mapping activities serving the management requirements of individual sectors or localities shall be guaranteed by the state budget.

2. Funding for specialized surveying and mapping activities serving the production and business needs of organizations and individuals shall be self-funded by such organizations and individuals.

Article 9. Surveying and Mapping Business License

1. Organizations engaging in surveying and mapping services as stipulated in Article 10 of this Decree must have a license issued by the competent state agency.

2. The surveying and mapping business license shall include the following main contents:

a) Basic information of the organization granted the license including name, headquarters address, telephone number, decision on establishment or business registration certificate;

b) Contents of surveying and mapping activities permitted;

c) Duration of the license.

3. The surveying and mapping business license is valid throughout the country.

4. The duration of the surveying and mapping business license is sixty (60) months. When the surveying and mapping business license expires, if the organization engaged in surveying and mapping activities wishes to extend it, they shall request the competent state agency to extend it according to the provisions of Article 14 of this Decree; each license can be extended once, with the extension period not exceeding thirty-six (36) months.

5. When the surveying and mapping business license expires as stipulated in Clause 4 of this Article, organizations wishing to continue their surveying and mapping activities shall prepare and submit new license application documents according to the provisions of Article 12 of this Decree at least thirty (30) days before the expiration date of the current license.

6. During the course of surveying and mapping activities, if an organization has the need and meets the conditions to expand the scope of operations, they may be granted additional content in the surveying and mapping business license.

7. The Vietnam National Survey and Mapping Agency under the Ministry of Natural Resources and Environment (hereinafter referred to as the Vietnam National Survey and Mapping Agency) is the authority responsible for issuing, supplementing, extending, reissuing, and revoking surveying and mapping business licenses.

Article 10. List of Surveying and Mapping Services Requiring Licenses

1. Surveying, drafting proposals, projects, technical designs - cost estimates for surveying and mapping works.

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

3. Establishing gravity, astronomical, coordinate, and elevation networks.

4. Aerial photography and terrain scanning.

5. Drawing and establishing topographic maps.

6. Drawing and establishing seabed topographic maps.

7. Drawing and establishing cadastral maps.

8. Establishing administrative boundary maps.

9. Drawing and establishing administrative boundary line maps.

10. Establishing surveying and mapping databases.

11. Establishing geographic databases.

12. Establishing thematic maps; geographic atlases.

13. Topographic surveys; construction surveys.

14. Calibration of surveying equipment.

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

Domestic organizations are eligible to obtain a surveying and mapping business license when meeting the following conditions:

2. Have a minimum technical staff for surveying and mapping as follows:

b) Four (04) technical staff with a secondary level or higher education in surveying and mapping.

3. Have surveying and mapping technology equipment consistent with the equipment norms specified in the economic and technical norms for surveying and mapping to implement one (01) surveying and mapping product within the scope of the requested license.

Article 12. Procedures for Issuing Surveying and Mapping Business Licenses

1. Organizations conducting surveying and mapping activities shall prepare application files for surveying and mapping business licenses. The file includes:

a) An application for a surveying and mapping business license;

b) A copy accompanied by the original for comparison or a certified copy of the Decision on Establishment or Business Registration Certificate;

c) A copy accompanied by the original for comparison or a certified copy of the professional qualification certificates, labor contracts, or recruitment decisions, proof of social insurance contributions, work history statements, and appointment decisions for the technical director;

d) A copy accompanied by the original for comparison or a certified copy of the professional qualification certificates, labor contracts, or recruitment decisions for surveying and mapping technical staff;

đ) A copy accompanied by the original for comparison of ownership documents for surveying and mapping equipment and technology including purchase, lease, or transfer documents for equipment and technology;

2. Procedure for Submitting Application Files and Issuing Licenses

a) Organizations applying for surveying and mapping business licenses that belong to Ministries, agencies at the level of ministries, government agencies; central agencies of political organizations, political-social organizations, and social-professional organizations; and State-owned Joint Stock Companies established by the Prime Minister's decision shall submit one (01) set of application files to the Vietnam National Committee for Surveying and Mapping.

The Vietnam National Committee for Surveying and Mapping shall be responsible for reviewing and examining the application files. In cases where the application files are incomplete according to regulations, the Vietnam National Committee for Surveying and Mapping shall guide the organization to supplement the files to make them complete, and this requirement for supplementation shall only be implemented once.

Within five (05) working days from the date of receiving complete and valid application files, the Vietnam National Committee for Surveying and Mapping shall be responsible for organizing the examination of the application files, preparing an examination record. Within three (03) working days from the date of completing the examination of the application files, the Vietnam National Committee for Surveying and Mapping shall issue the surveying and mapping business license to the organization;

b) Organizations applying for surveying and mapping business licenses that do not fall under the category specified in Point a Clause 2 of this Article shall submit one (01) set of application files to the Department of Natural Resources and Environment where the organization has its main office.

The Department of Natural Resources and Environment shall be responsible for reviewing and examining the application files. In cases where the application files are incomplete according to regulations, the Department of Natural Resources and Environment shall guide the organization or individual to supplement the files to make them complete, and this requirement for supplementation shall only be implemented once.

Within five (05) working days from the date of receiving complete and valid application files, the Department of Natural Resources and Environment shall be responsible for examining the application files, preparing an examination record, and sending the examination record along with the application files to the Vietnam National Committee for Surveying and Mapping. Within three (03) working days from the date of receiving complete and valid application files, the Vietnam National Committee for Surveying and Mapping shall issue the surveying and mapping business license to the organization if it meets the conditions, and in cases where the conditions for issuing the license are not met, it shall inform the organization in writing of the reasons while simultaneously notifying the Department of Natural Resources and Environment.

c) The Vietnam National Committee for Surveying and Mapping shall return the surveying and mapping business license to the organization along with the application file. The organization that receives the license shall be responsible for retaining its own file.

Article 13. Supplementing the content of the surveying and mapping business license

1. An organization requesting to supplement the content of the surveying and mapping business license shall prepare a dossier including:

a) A request for supplementing the content of the surveying and mapping business license;

b) Documents as prescribed at Point c Clause 1 Article 12 of this Decree in cases where the technical director changes compared to the time of issuance;

c) A copy attached with the original for comparison or a certified copy of the professional qualification certificates, labor contracts, or recruitment decisions of the additional surveying and mapping technical staff compared to the time of issuance;

d) A copy attached with the original for comparison of documents on ownership of surveying and mapping equipment and technology added compared to the time of issuance, including purchase, rental, or transfer documents for equipment and technology;

đ) The surveying and mapping business license that has been issued.

2. The procedure for submitting the dossier and supplementing the content of the surveying and mapping business license shall be carried out in accordance with the provisions of Clause 2 Article 12 of this Decree.

Article 14. Extending the surveying and mapping business license

1. An organization requesting to extend the surveying and mapping business license shall prepare one (01) dossier including:

a) A request for extending the surveying and mapping business license;

b) The surveying and mapping business license that has been issued.

2. The dossier for extending the business license must be submitted to the Vietnam National Survey and Mapping Center at least thirty (30) days before the expiration date of the license.

The Vietnam National Survey and Mapping Center is responsible for examining and checking the dossier. In cases where the dossier is incomplete according to the regulations, the Vietnam National Survey and Mapping Center is responsible for guiding organizations and individuals to complete the dossier. The requirement for organizations and individuals to supplement the dossier shall only be implemented once.

Upon receiving a complete and valid dossier, the Vietnam National Survey and Mapping Center shall complete the extension of the surveying and mapping business license within three (03) working days for organizations meeting the conditions. If the conditions for extending the license are not met, the organization will be informed in writing of the reasons.

Article 15. Reissuing the surveying and mapping business license

1. The surveying and mapping business license shall be reissued in the following cases:

a) The surveying and mapping business license is lost;

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

2. An organization submits a dossier requesting to reissue the surveying and mapping business license to the Vietnam National Survey and Mapping Center. The dossier includes:

a) A request for reissuing the surveying and mapping business license;

b) The surveying and mapping business license that has been issued for the case stipulated at Point b Clause 1 of this Article.

3. Upon receiving a complete and valid dossier, the Vietnam National Survey and Mapping Center shall complete the reissuance of the surveying and mapping business license within three (03) working days. The content of the surveying and mapping activities permitted and the validity period of the reissued license shall remain unchanged from the previously issued license.

Article 16. Sample Dossiers for Implementing Procedures for Issuing the Surveying and Mapping Business License

1. Form No. 1: Request for issuing, supplementing, extending, or reissuing the surveying and mapping business license.

2. Form No. 2: Record of dossier review for issuing the surveying and mapping business license.

3. Form No. 3: Surveying and mapping business license.

Article 17. Revocation of Surveying and Mapping Permit

1. The Surveying and Mapping Permit shall be revoked in the following cases:

a) Alteration, erasure causing distortion of the content of the permit;

b) Fraud or deception in the application dossier for the Surveying and Mapping Permit;

c) Conducting surveying and mapping activities not in accordance with the content of the issued permit;

d) An organization conducting surveying and mapping activities without ensuring the conditions regarding technical staff and surveying and mapping equipment as stipulated in Clause 2 and 3 of Article 11 of this Decree.

2. The procedure for revoking the Surveying and Mapping Permit shall be carried out as follows:

a) After receiving a recommendation letter from the inspection or examination agency regarding the handling of one of the violations specified in Clause 1 of this Article, the Vietnam National Office of Surveying and Mapping shall examine and issue a Decision to revoke the Surveying and Mapping Permit;

b) Within five (05) working days from the date of receipt of the Decision to revoke the Surveying and Mapping Permit, the organization must submit the permit to the Vietnam National Office of Surveying and Mapping;

c) Information on the revocation of the Surveying and Mapping Permit shall be published on the electronic information website of the Vietnam National Office of Surveying and Mapping.

Article 18. Responsibilities of organizations granted the Surveying and Mapping Permit

1. To be responsible for the authenticity of the content of the application dossier for the Surveying and Mapping Permit.

2. To pay the fee for issuing the Surveying and Mapping Permit as prescribed by law.

3. Not to lend or lease the permit.

4. To report in writing to the Vietnam National Office of Surveying and Mapping when there is a change in the chief technician or the main office address, for organizations specified in Point b of Clause 2 of Article 12 of this Decree, they must also report to the Department of Natural Resources and Environment where the organization's main office is located.

Article 19. Protection of Surveying Construction Works

1. People's Committees at all levels shall be responsible for managing and protecting surveying construction works in accordance with the provisions of the law.

2. Organizations and individuals using surveying construction works must obtain approval from the central or provincial state management agency on surveying and mapping according to the level of management, during the usage period, they must maintain and protect the works, not to damage them, and restore them to their original condition upon completion of use.

3. Upon completion of the surveying project, the units executing the tasks must prepare a handover record of the markers accompanied by a location map and the status of the markers on-site for the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) in the presence of the land user for management and preservation.

4. Land users and owners of the works where surveying markers are located shall be responsible for reporting to the People's Committee of the commune when constructing or renovating works that may affect the surveying markers.

5. Any acts of moving, damaging, or destroying surveying construction works contrary to regulations shall be dealt with according to the provisions of the law depending on the degree of violation.

6. The Ministry of Natural Resources and Environment shall specify detailed regulations on the management, use, and protection of surveying construction works.

Article 20. Inspection and Evaluation of Quality of Surveying Works, Products, and Maps

1. Organizations and individuals directly implementing surveying works, products, and maps shall be responsible for the quality of the surveying works, products, and maps they undertake.

2. The project sponsor shall be responsible for organizing inspection, evaluation, and acceptance of surveying works, products, and maps and shall bear full responsibility for their quality.

The project sponsor may utilize specialized agencies, hire organizations with consulting functions on surveying and mapping, and engage experts to inspect and evaluate the quality of surveying works and products.

3. Organizations licensed to operate surveying and mapping activities that include quality inspection content shall conduct quality inspections of surveying works and products upon the sponsor's request and shall be legally accountable and accountable to the sponsor for the inspection results.

Individuals conducting quality inspections of surveying works and products must meet the professional capacity and work experience requirements set by the sponsor and shall be legally accountable and accountable to the sponsor for the inspection results.

4. The Ministry of Natural Resources and Environment shall specify detailed regulations on inspection, evaluation, and acceptance of the quality of surveying works, products, and maps.

Chapter III

INFORMATION AND DATA ON SURVEYING AND MAPPING

Article 21. Information and Data System on Surveying and Mapping

The information and data system on surveying and mapping includes:

1. Information and data on the national reference system.

2. Information and data on the national basic surveying data system; the national basic surveying point system; data from national permanent satellite positioning stations.

3. Information and data on the aerial photography system; terrain laser scanning data.

4. Information and data on the national topographic map system, base maps, basic cadastral maps, administrative maps, national geographic atlases; surveying and mapping information and data on national borders, administrative boundaries at all levels.

5. National geographic database; digital elevation model data.

6. Geographical name data used in surveying and mapping activities.

7. Specialized surveying and mapping information and data including:

a) Information and data on specialized basic surveying point systems;

b) Information and data on specialized aerial photography systems;

c) Information and data on cadastral map systems, cadastral map databases, district-level administrative maps, and other surveying and mapping information and data for land management purposes;

d) Specialized geographic databases;

đ) Thematic maps, other specialized surveying and mapping information and data.

8. Results of scientific and technological research projects, programs, and topics in the field of surveying and mapping; other surveying and mapping information and data.

Article 22. Requirements for Management and Utilization of Surveying and Mapping Information and Data

1. The management, storage, provision, and utilization of surveying and mapping information and data must comply with legal provisions on state secrets protection, intellectual property rights, archiving, and other relevant legal provisions.

2. Surveying and mapping information and data can only be provided and utilized in the form of copies or versions. Agencies responsible for providing surveying and mapping information and data must ensure the lawful origin of copies or versions.

3. Surveying and mapping information and data provided by authorized state agencies can only be used for the intended purpose when requested, and cannot be duplicated or transferred to other organizations or individuals.

In cases where surveying and mapping information and data provided are used to establish secondary databases for commercial purposes, such use must be approved by the providing agency.

4. Organizations and individuals must pay usage fees for surveying and mapping information and data according to legal provisions on fees and charges.

Article 23. Transfer submission information, survey data and maps

1. For information, survey data and maps that are products of projects implemented from state budget funds, upon completion, the project sponsor shall be responsible for submitting the products according to the following provisions:

a) Basic information, survey data and maps specified in Clauses 1, 2, 3, 4, 5, 6 and 8 of Article 21 of this Decree shall be submitted to the Vietnam National Survey and Mapping Center;

b) Specialized information, survey data and maps carried out by ministries from central government budget funds shall be submitted according to the regulations of the managing ministry while also submitting one (01) copy to the Vietnam National Survey and Mapping Center, except for information, survey data and maps carried out by the Ministry of National Defense for defense and security purposes;

c) Specialized information, survey data and maps specified in Point c Clause 7 of Article 21 of this Decree, other specialized information, survey data and maps carried out from local government budget funds shall be submitted to the Department of Natural Resources and Environment.

2. Information, survey data and maps of specialized nature funded by organizations and individuals must submit one (01) copy of the results to the competent state agency for surveying and mapping according to the management hierarchy.

3. The submission of information, survey data and maps shall be completed within three (03) months from the date of completion of the project and must be recorded in a product submission protocol accompanied by a product warehouse receipt.

Article 24. Confidentiality of information, survey data and maps

1. Information, survey data and maps within the scope of state secrets classified as Top Secret shall be decided by the Prime Minister based on the proposal of the Minister of Public Security and the Minister of Natural Resources and Environment; classified as Secret shall be decided by the Minister of Public Security based on the proposal of the Minister of Natural Resources and Environment. Specifically, information, survey data and maps serving defense purposes within the scope of state secrets classified as Top Secret and Absolute Secret shall be decided by the Prime Minister based on the proposal of the Minister of National Defense.

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

a) Determine the level of confidentiality for each type of information, survey data and maps serving civilian purposes within the scope of state secrets based on the list of state secrets classified as Top Secret and Secret in the field of surveying and mapping decided by the competent state authority;

b) Issue and implement regulations on protecting state secrets for information, survey data and maps serving civilian purposes;

c) Establish a list of changes in classification levels and declassification of state secrets for information, survey data and maps serving civilian purposes for submission to the competent state authority for decision.

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

a) Decide the classification level of Secret for information, survey data and maps serving defense purposes within the scope of state secrets based on the list of state secrets classified as Top Secret and Absolute Secret in the field of surveying and mapping decided by the Prime Minister;

b) Issue and implement regulations on protecting state secrets for information, survey data and maps related to military and defense tasks;

c) Specify the list of changes in classification levels and declassification of state secrets for information, survey data and maps serving defense purposes.

Article 25. Supply, exploitation, and use of surveying and mapping information and data

1. Surveying and mapping information and data not within the scope of state secrets shall be provided to agencies, organizations, and individuals according to their usage needs.

2. The supply of surveying and mapping information and data within the scope of state secrets classified as Confidential for agencies, organizations, and Vietnamese citizens shall be approved by the Director-General (or equivalent) at central agencies and organizations and the Provincial Department Director (or equivalent) at local levels.

3. Surveying and mapping information and data within the scope of state secrets classified as Top Secret may only be supplied upon a written request from the Minister, Head of a Ministry-level agency, agency under the Government, Chairman of the People's Committee of a province or centrally governed city (hereinafter referred to as Provincial People's Committee), Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Director of the President's Office, heads of National Assembly agencies, heads of Central Party agencies, and heads of political-social organizations.

4. The supply of surveying and mapping information and data within the scope of state secrets to foreign organizations and individuals must be approved by the competent authority according to the following provisions:

a) A request for permission to provide surveying and mapping information and data within the scope of state secrets classified as Top Secret shall be submitted to the General Administration of Security - Ministry of Public Security for approval by the Minister of Public Security (except in the field of national defense).

b) A request for permission to provide surveying and mapping information and data within the scope of state secrets classified as Confidential shall be submitted to the head or authorized representative of central agencies and the Chairman of the Provincial People's Committee for approval.

5. The Ministry of Natural Resources and Environment shall specify regulations on management, supply, exploitation, and use of surveying and mapping information and data.

Article 26. Establishment, publication, and distribution of map products

State agencies, political organizations, political-social organizations, social organizations, socio-professional organizations, units under the people's armed forces, economic organizations, and individuals who have been granted licenses for surveying and mapping activities may establish various types of map products in accordance with such licenses; they have the right to disseminate their products through media as prescribed by law; map products subject to confidentiality may only be published and distributed at state agencies managing surveying and mapping for civilian purposes and at the Ministry of National Defense and the Ministry of Public Security for national defense and security purposes.

Article 27. International exchange of surveying and mapping information and data

1. Types of surveying and mapping information and data, surveying and mapping products within the scope of state secrets shall not be exchanged with foreign countries; in cases of necessity, permission from agencies with the authority to decide the level of state secrets as defined in the Ordinance on Protection of State Secrets is required.

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

3. Organizations and individuals publishing and disseminating abroad surveying and mapping information and data, surveying and mapping products that have not yet been published must obtain permission from state agencies managing surveying and mapping.

Article 28. Export and import of surveying and mapping products

1. Surveying and mapping products that have been legally published and circulated in Vietnam and do not fall within the scope of state secrets may be exported to foreign countries.

2. Strictly prohibited is the importation and circulation in Vietnam of surveying and mapping products containing content violating the law in any form.

Article 29. Ownership of Information, Data, Surveying Products, and Maps

1. Basic information, data, surveying products, and maps, as well as information, data, surveying products, and maps carried out using state budget funds, belong to the ownership of the State.

2. Copyright for information, data, surveying products, and maps shall be governed by the laws on intellectual property rights.

3. Organizations and individuals from all economic sectors have the right to use information, data, surveying products, and maps belonging to the State's ownership in accordance with the law.

Chapter IV

RESPONSIBILITIES FOR SURVEYING AND MAP ACTIVITIES

Article 30. Responsibilities of the Ministry of Natural Resources and Environment

1. Be responsible before the Government for uniformly managing the State’s affairs regarding surveying and map activities.

2. Develop and submit to the Prime Minister for issuance regulations concerning the National Reference System.

3. Develop and submit to the Prime Minister for approval strategies for development, plans, programs, and key projects on basic surveying and mapping, specialized surveying and mapping within its management scope, and organize their implementation after approval.

4. Issue or submit to competent authorities for issuance legal normative documents on surveying and mapping, national technical standards, economic and technical norms for surveying and mapping; disseminate and educate laws on surveying and mapping.

5. Review the necessity, scope, and technical solutions of surveying and mapping content in programs, projects, tasks using central budget funds, except those in the defense and security fields.

6. Organize the implementation of basic surveying and mapping tasks stipulated in Clause 5 of this Decree (excluding the task stipulated in Clause 8 of Article 5) and specialized surveying and mapping tasks within its management scope.

7. Coordinate with the Ministry of Home Affairs to review administrative boundary maps and files at various levels. Lead the review of the representation of administrative boundaries on various types of maps before publication.

8. Lead the review of the representation of national borders on various types of maps.

9. Manage the quality of construction works, surveying and mapping products within the management scope of the Ministry.

10. Develop, organize, and guide the operation of calibration facilities for surveying equipment, ensuring national standards and compliance with the metrology and calibration system for measuring instruments.

11. Develop and implement training programs and plans in the field of surveying and mapping.

12. Inspect and supervise the implementation of laws on surveying and mapping and handle violations according to the law.

13. Lead international cooperation activities in the field of surveying and mapping.

Article 31. Responsibilities of the Ministry of Defense

1. Issue legal normative documents on surveying and mapping related to military and defense tasks; develop national standards, issue national technical standards, and economic and technical norms for surveying and mapping in the defense sector.

2. Establish and manage plans for surveying and mapping serving defense purposes.

3. Organize the implementation of surveying and mapping tasks serving defense purposes as stipulated in Article 7 of this Decree.

4. Manage and provide information, data, and surveying and mapping products serving defense purposes in accordance with the law.

5. Approve, monitor aerial photography and ground data collection activities on aircraft for surveying and mapping purposes; inspect and supervise surveying and mapping activities in areas under the Ministry of Defense's management; organize the removal of military targets from aerial photographs before their use for civilian purposes.

Article 32. Responsibilities of Relevant Ministries and Sectors

1. Relevant ministries and sectors shall be responsible

a) Establishing standards, issuing national technical regulations, and economic-technical norms on surveying and mapping within their respective areas of management;

b) Approving projects and programs on surveying and mapping in their sectors to ensure they do not overlap with plans and projects of other ministries, sectors, and localities;

c) Implementing surveying and mapping tasks assigned according to the authority stipulated in Clause 8, Clause 10, Article 5; Clause 1, Article 6 of this Decree;

d) Managing the quality of surveying and mapping works and products, organizing storage and provision of surveying and mapping information and data within their respective areas of management;

đ) Annually reporting to the Ministry of Natural Resources and Environment on the situation of specialized surveying and mapping activities under their management;

2. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and sectors to organize the review of administrative boundary maps and files at all levels;

3. The Ministry of Foreign Affairs shall take the lead and coordinate with relevant ministries and sectors to implement border demarcation and marker placement on land borders and maritime boundaries;

4. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Natural Resources and Environment to manage the publication and distribution of map-related publications;

Article 33. Responsibilities of Provincial People's Committees

1. Uniformly managing surveying and mapping activities within the provincial territory;

2. Organizing the implementation of establishing the cadastral map system and surveying and mapping tasks assigned according to the authority stipulated in Clause 8, Article 5; Clause 1, Article 6 of this Decree;

3. Managing the quality of cadastral surveying and mapping works and products, specialized surveying and mapping works and products serving specific purposes of the locality; managing construction surveying works, managing surveying and mapping information and data according to the分级任务的原因已经在之前的回答中详细解释过了。以下是直接输出的翻译结果：

4. Conduct inspections and checks on the compliance with laws and regulations concerning surveying and mapping, and handle violations of such laws and regulations at the local level in accordance with the provisions of the law.

5. Annually report to the Ministry of Natural Resources and Environment on the situation of surveying and mapping activities within the management scope of the locality.

6. The Department of Natural Resources and Environment shall be responsible for:

a) Assisting the Provincial People's Committee in managing surveying and mapping activities at the local level;

b) Reviewing the necessity, scope, and technical solutions of surveying and mapping contents in programs, projects, tasks, and plans using state budget funds implemented by departments and sectors of the locality.

Article 34. Responsibilities of organizations and individuals

1. Comply with the provisions of laws on surveying and mapping and related laws when participating in surveying and mapping activities.

2. Maintain and protect surveying construction works in accordance with the provisions of the law.

3. Shall not obstruct or create difficulties for persons responsible for performing surveying and mapping tasks.

4. Propose and make recommendations to state management agencies regarding the suspension of publication, recall, and recovery of map publications containing errors in the representation of national sovereignty, administrative boundaries, place names; serious technical errors in map products; map products containing prohibited content according to the Law on Publishing.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Transitional Provisions

1. Surveying and mapping activity licenses issued before the effective date of this Decree shall have their validity period as stated on the license.

2. Organizations that have been granted surveying and mapping activity licenses before the effective date of this Decree, if they need to supplement the content of activities or extend the license, shall submit new license application documents in accordance with the provisions of this Decree.

3. Application documents for surveying and mapping activity licenses submitted before the effective date of this Decree shall be processed in accordance with the provisions of Decree No. 12/2002/NĐ-CP dated January 22, 2002 of the Government on surveying and mapping activities and guiding documents.

Article 36. Effective Date

1. This Decree takes effect from July 1, 2015.

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

3. Repeal Clause 6, Article 3 of Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on data collection, management, exploitation, and utilization of natural resources and environment.

Article 37. Implementation organization and responsibility for enforcement

1. The Minister of Natural Resources and Environment, the Minister of National Defense, and the Ministers of other relevant ministries and sectors shall be responsible for guiding the implementation of the provisions assigned to them in this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees under central cities shall be responsible for enforcing this Decree./.