Circular No. 48/2015/TT-BTNMT on management, provision, exploitation, and use of surveying and mapping information and data

CIRCULAR

Regulations on management, provision and exploitation and use of surveying and mapping information and data maps.ồ

________________________

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 45/2015/NĐ-CP dated May 6, 2015 of the Government on surveying and mapping activities;

AT THE SUGGESTION OF THE DIRECTOR OF VIETNAM SURVEYING AND MAPPING AGENCY AND THE HEAD OF THE LEGAL AFFAIRS DEPARTMENT;

The Minister of Natural Resources and EnvironmentngThis Circular provides regulations on management, provision and exploitation and use of surveying and mapping information and data.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates regulations on management, provision and exploitation and use of surveying and mapping information and data.

Clause 2. This Circular applies to state administrative agencies and organizations and individuals related to the management, provision and exploitation and use of surveying and mapping information and data within the territory of the Socialist Republic of Vietnam.

Clause 3. This Circular does not apply to surveying and mapping information and data carried out by the Ministry of Defense for national defense and security purposes.

Article 2. Surveying and Mapping Information and Data System

The surveying and mapping information and data system as prescribed in Article 21 of Decree No. 45/2015/NĐ-CP dated May 6, 2015 of the Government on surveying and mapping activities (hereinafter referred to as Decree No. 45/2015/NĐ-CP).

Chapter II

MANAGEMENT OF SURVEYING AND MAPPING INFORMATION AND DATA

Article 3. Responsibilities for managing surveying and mapping information and data

Clause 1. The National Administration of Surveying, Mapping and Geographic Information shall be responsible for:

a) Assisting the Minister in performing state management functions over surveying and mapping information and data;

b) Directing and guiding provincial-level Departments of Natural Resources and Environment (hereinafter collectively referred to as Provincial Departments of Natural Resources and Environment) on the procedures for collecting, managing, providing, exploiting and using surveying and mapping information and data;

c) Managing surveying and mapping information and data as prescribed in Clauses 1, 2, 3, 4, 5, 6, and 8 of Article 21 of Decree No. 45/2015/NĐ-CP;

d) Organizing the collection of surveying and mapping information and data in accordance with the provisions of the law.

Clause 2. Provincial Departments of Natural Resources and Environment shall be responsible for managing and storing surveying and mapping information and data on the basic survey points, topographic maps, cadastral maps, district administrative boundary maps, thematic maps, geographic databases, and geographic information systems serving specialized purposes of localities and other surveying and mapping information and data handed over by the Ministry of Natural Resources and Environment.

Clause 3. Information and archival agencies under Ministries, ministerial-level agencies, and government agencies (hereinafter collectively referred to as Ministries) shall be responsible for managing and storing specialized surveying and mapping information and data within their respective jurisdictions.

Clause 4. Agencies specified in Clauses 1, 2, and 3 of this Article shall be responsible for issuing and posting the catalog of surveying and mapping information and data under their jurisdiction on their electronic information websites. The catalog must be updated annually.

Article 4. Submission of Basic Surveying and Mapping Information and Data

Basic surveying and mapping information and data as prescribed in Clauses 1, 2, 3, 4, 5, and 6 of Article 21 of Decree No. 45/2015/NĐ-CP, after completion of projects, construction units shall be responsible for submitting products to the National Administration of Surveying, Mapping and Geographic Information as follows:

Clause 1. Information and data as prescribed in Clause 1 of Article 21 of Decree No. 45/2015/NĐ-CP shall submit all products and accompanying documentation as stipulated in the technical design - budget approved by the competent authority.

Clause 2. Information and data as prescribed in Clause 2 of Article 21 of Decree No. 45/2015/NĐ-CP shall submit:

a) Network diagrams, point annotations, measurement books; computational results in PDF file format;

b) Field handover records for markers;

c) Technical design - budget, project acceptance documents submitted to the project sponsor.

Clause 3. Information and data as prescribed in Clause 3 of Article 21 of Decree No. 45/2015/NĐ-CP shall submit:

a) Image files;

b) Files containing camera parameters and related information;

c) Processed laser scanning files;

d) Project reports and final project reports approved by the competent authority in both paper and digital formats.

Clause 4. Information and data as prescribed in Clause 4 of Article 21 of Decree No. 45/2015/NĐ-CP shall submit:

a) Original topographic map files in digital format, base maps, and editing data for printing (if applicable), along with map history files;

b) Digital elevation model files and project files for photogrammetric surveys (if the map is established using digital photogrammetry technology);

c) Cadastral base map files, nationwide administrative boundary maps, and national geographic atlases;

d) Border map files and border-related documents;

đ) Administrative boundary map files and related documents;

e) Project reports and final project reports approved by the competent authority in both paper and digital formats.

Clause 5. Information and data as prescribed in Clause 5 of Article 21 of Decree No. 45/2015/NĐ-CP shall submit:

a) Geographical database packaged according to regulations and metadata;

b) Digital elevation model vector and raster data and metadata;

c) Project reports and final project reports approved by the competent authority in both paper and digital formats.

Clause 6. Information and data as prescribed in Clause 6 of Article 21 of Decree No. 45/2015/NĐ-CP shall submit:

a) Province-level place name directories agreed upon with localities in PDF format and database;

b) Administrative place name database with directory in PDF format and database;

c) International place name database with directory in PDF format and database;

d) Project reports and final project reports approved by the competent authority in both paper and digital formats.

Article 5. Submission of Surveying and Mapping Information and Data

1. Surveying and mapping information and data carried out from central government budget funds by Ministries shall be submitted in accordance with the regulations of the competent Ministry, while the construction unit is responsible for submitting one (01) copy of the following products to the Vietnam National Survey and Mapping Center:

a) Coordinate results, elevation results, point annotations, and field handover records of coordinate and elevation points from Class IV and above;

b) Geographical survey data at various scales of areas surveyed with an area of 1.25km or more;² /second or more;

c) Measured cross-section data of rivers and lakes.

2. Surveying and mapping information and data specified in Point c Clause 7 Article 21 of Decree No. 45/2015/NĐ-CP shall be submitted to the Department of Natural Resources and Environment and other relevant agencies as prescribed by law.

3. Other surveying and mapping information and data carried out from local government budgets, and surveying and mapping information and data implemented by organizations and individuals who self-fund, shall be submitted in accordance with specialized laws, while the construction unit is responsible for submitting one (01) copy of the products stipulated in Clause 1 of this Article to the Department of Natural Resources and Environment.

4. Surveying and mapping information and data conducted directly or cooperatively by foreign organizations and individuals with domestic organizations and individuals in Vietnam, upon completion of the project, shall be responsible for submitting one (01) copy of the final product data to the Vietnam National Survey and Mapping Center and the Department of Natural Resources and Environment where the surveying work was carried out.

Article 6. Procedure for Submitting Surveying and Mapping Information and Data

1. Submitted products must be signed and stamped by the head of the project's main investor, the head of the construction unit, the quality inspection unit, and other authorized levels as prescribed by relevant laws.

2. The organization responsible for submitting surveying and mapping information and data must notify the receiving agency in writing about the submission. Within five (05) working days from the date of receipt of the notification, the receiving agency is responsible for organizing the submission and creating favorable conditions regarding location and method of submission.

3. The submission of surveying and mapping information and data must be recorded in a submission record according to Model No. 03 issued together with this Circular as the basis for settlement of surveying and mapping projects.

Article 7. Preservation of Surveying and Mapping Information and Data

1. Surveying and mapping information and data must be safely stored in archives.

2. Top Secret and Secret surveying and mapping information and data must be stored in specialized archives.

3. Digital information and data must be stored on optical discs (CD, DVD). Information and data stored on computer devices must be backed up every twelve (12) months and duplicated into two (02) backup sets.

Article 8. Destruction of Surveying and Mapping Data

1. Annually, the head of the agency responsible for managing storage and providing surveying and mapping information and data must review and propose the destruction of types of surveying and mapping information and data that have lost their value of use, and prepare a report (including list, quantity, reasons for destruction) to be sent to the competent state management agency for decision on destruction.

2. Surveying and mapping information and data that have lost their value of use are those that have been stored and used for at least ten (10) years, have been replaced by new data, and are no longer useful for any other purpose.

3. Within thirty (30) working days from the date of receipt of the report, the competent state management agency responsible for deciding on the destruction of surveying and mapping information and data must examine and decide.

4. Within no more than fifteen (15) working days from the date of receipt of the decision on the destruction of surveying and mapping information and data, the agency responsible for storing surveying and mapping information and data must establish a committee to destroy surveying and mapping information and data; the committee includes representatives from the management agency, the archive agency, the representative of the Ministry of Public Security responsible for overseeing the information and data managed by the Vietnam National Survey and Mapping Center, and the representative of the Provincial Public Security Bureau for information and data managed by the Department of Natural Resources and Environment. Committee members are decided by the Director of the Vietnam National Survey and Mapping Center, leaders of ministries, sectors, and localities.

5. The destruction of surveying and mapping information and data that have lost their value of use must be carried out using methods that ensure they cannot be restored or replicated.

6. The destruction of surveying and mapping information and data that have lost their value of use must be documented; the documentation includes:

a) Decision establishing the Council;

b) List of expired documents; report and explanation of expired documents;

c) Minutes of the meeting of the Committee determining the value of documents. Minutes of the meeting of the Committee reviewing the determination of the value of documents;

d) Request for review and opinion of the agency or organization holding expired documents;

đ) Review and opinion document of the competent authority;

e) Decision to cancel expired documents;

g) Handover minutes of canceled documents;

h) Destruction minutes of expired documents.

7. Documentation on the destruction of information and data that have lost their value of use must be preserved by the agency storing and providing surveying and mapping information and data with destroyed documents for twenty (20) years from the date of destruction.

Chapter III

PROVISION AND EXPLOITATION, USE OF SURVEYING AND MAPPING INFORMATION AND DATASURVEYING AND MAPPING

Article 9. Authority to Provide Information, Survey Data, and Maps

1. The Vietnam National Mapping Agency shall provide and confirm the lawful origin of information, survey data, and maps as prescribed in Clauses 1, 2, 3, 4, 5, 6, and 8 of Article 21 of Decree No. 45/2015/NĐ-CP.

2. The Department of Natural Resources and Environment shall provide and confirm the lawful origin of information, survey data, and maps within the local management scope and those handed over by the Ministry of Natural Resources and Environment.

3. Information and archive agencies under Ministries shall provide and confirm the lawful origin of specialized information, survey data, and maps within their respective management scopes.

Article 10. Procedures for Providing Information, Survey Data, and Maps

1. Information, survey data, and maps not falling within the scope of state secrets may be provided to agencies, organizations, and individuals based on usage needs.

2. The procedures for providing information, survey data, and maps within the scope of state secrets classified as Confidential shall be carried out in accordance with Clause 2 of Article 25 of Decree No. 45/2015/NĐ-CP.

3. The procedures for providing information, survey data, and maps within the scope of state secrets classified as Top Secret shall be carried out in accordance with Clause 3 of Article 25 of Decree No. 45/2015/NĐ-CP.

4. The procedures for providing information, survey data, and maps within the scope of state secrets to foreign organizations and individuals shall be carried out in accordance with Clause 4 of Article 25 of Decree No. 45/2015/NĐ-CP.

5. The procedures for providing information, survey data, and maps are stipulated as follows:

a) Individuals coming to transact with the information-providing agency must present their national identity card and a letter of introduction from their organization (when the requesting party is an organization); they must fill out all required information and sign the Application Form for Provision of Information, Survey Data, and Maps according to Model No. 01 issued together with this Circular.

b) Upon receiving valid application procedures for information, survey data, and maps, the information-providing agency shall immediately carry out the provision on the same working day.

If the volume of information and data is too large to be provided on the same day, the responsible agency must notify the specific time for provision. In cases where the provision is refused, the responsible agency must inform the organization or individual of the specific reasons.

c) The information-providing agency shall be responsible for confirming the lawful origin of information, survey data, and maps when requested according to Model No. 02 issued together with this Circular.

Article 11. Provision of Information, Survey Data, and Maps in Special Emergency Situations

In special emergency situations, upon receipt of a telegraph from the Prime Minister, the Minister of Defense, or the Chairman of the Provincial People's Committee, the competent authority for providing information, survey data, and maps shall immediately carry out the provision. The completion of the file and procedures according to regulations must be completed within thirty (30) days from the date of provision.

Article 12. Rights and Responsibilities of Organizations and Individuals Exploiting and Using Information, Survey Data, and Maps

1. They have the right to exploit and use information, survey data, and maps for management activities, production, business operations, and other purposes as prescribed by law.

2. They are not allowed to take information, survey data, and maps classified as Top Secret, Confidential, or Non-Publication outside the territory of Vietnam except in special cases permitted by the competent authority as stipulated in the Ordinance on Protection of State Secrets.

3. They must pay fees for using information, survey data, and maps in accordance with the laws on fees and charges.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular takes effect from December 30, 2015.

2. This Circular replaces Circular No. 03/2007/TT-BTNMT dated February 15, 2007, issued by the Minister of Natural Resources and Environment guiding the management, archiving, provision, and exploitation and use of information and survey materials.

Article 14. Implementation Organization

1. The Vietnam National Mapping Agency, Departments of Natural Resources and Environment, and agencies with responsibilities for managing, providing information, survey data, and maps, and related organizations and individuals are responsible for implementing this Circular.

2. The Director of the Vietnam National Mapping Agency and the Directors of Departments of Natural Resources and Environment are responsible for monitoring and inspecting the implementation of this Circular. Any issues encountered during implementation must be promptly reported to the Ministry of Natural Resources and Environment./.