Decision No. 81/2010/QD-TTg on the collection, storage, processing, exploitation, and use of national remote sensing data

Pursuant to …;

Provisions on the acquisition, storage, processing, exploitation

and use of national remote sensing data

_______________

PRIME MINISTER

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

Pursuant to Decree No. 12/2002/NĐ-CP dated January 22, 2002 of the Government on surveying and mapping activities;

Article 1. Amending and supplementing certain articles of Decision No. 81/2010/QĐ-TTg dated December 13, 2010 of the Prime Minister on the collection, storage, processing, exploitation, and use of national remote sensing data:

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the acquisition, storage, processing, exploitation and use of national remote sensing data; the responsibilities and authorities of agencies, organizations, and individuals in the acquisition, storage, processing, exploitation and use of national remote sensing data for civilian purposes.

Article 2. Applicability

This Decision applies to agencies, organizations, and individuals in Vietnam in the acquisition, storage, processing, exploitation and use of national remote sensing data; overseas Vietnamese, foreign organizations, and individuals in the exploitation and use of national remote sensing data.

Article 3. Explanation of Terms

In this Decision, the following terms shall be understood as follows:

1. Remote sensing data are images obtained from remote sensing satellites.

2. Raw image data are images processed initially to eliminate errors in the image receiver and atmospheric noise signals.

3. Product image data are images that have been processed spectrally and geometrically corrected.

4. Original version remote sensing data are images obtained at the first version received at the satellite image receiving station in Vietnam.

5. Primary version remote sensing data are images obtained at the first version purchased or received from abroad.

6. Copy version remote sensing data are data copied directly from original version remote sensing data or from primary version remote sensing data.

7. Remote sensing database is a collection of remote sensing data that has been checked, evaluated, processed, integrated, and systematically stored in organized form as data files on computer systems, including various types of hard drives, magnetic tapes, CDs, DVDs, and other forms.

8. Remote sensing metadata (English: Remote Sensing Metadata) are information describing the content, origin, quality, processing methods, and other relevant information related to remote sensing data.

9. Acquisition of remote sensing data is the process of acquiring data at the satellite image receiving station in Vietnam or through purchasing, exchanging, cooperating, and receiving aid from abroad.

10. Processing of remote sensing data is the process of creating raw image data; product image data with added value to meet user requirements.

11. Storage of remote sensing data is the process of collecting, updating, and preserving data for exploitation and use.

12. Exploitation and use of remote sensing data is the process of selecting, processing, interpreting necessary information from remote sensing data for specific usage purposes.

Article 4. Principles of acquisition, storage, processing, exploitation and use of national remote sensing data

1. The acquisition and storage of national remote sensing data shall be carried out by organizations with functional duties and professional capacity.

2. The acquisition and processing of national remote sensing data must be conducted according to procedures and technical requirements, ensuring scientific accuracy, truthfulness, timely and convenient exploitation and use.

3. The exploitation and use of national remote sensing data must be in accordance with their intended purposes, serving state management tasks, meeting economic and social development needs, scientific research, training, and disaster prevention.

Chapter II

ACQUISITION, STORAGE, PROCESSING OF NATIONAL REMOTE SENSING DATA

Article 5. Acquisition, processing of national remote sensing data

1. Forms of acquisition of national remote sensing data include:

a) Acquisition at the satellite image receiving station in Vietnam managed by the Ministry of Natural Resources and Environment.

This acquisition is carried out according to the annual plan, every five years, based on the needs of ministries, sectors, provincial People's Committees, and urgent tasks assigned by the State;

b) Purchase from abroad using state budget funds when the satellite image receiving station in Vietnam and the national remote sensing database cannot meet the requirements for remote sensing data;

c) Through exchange, cooperation, and receipt of aid from countries, regions, and international organizations but must be approved by the competent authority.

2. Original version remote sensing data must be processed to create raw image data or product image data at the satellite image receiving station in Vietnam before being put into exploitation and use according to assigned tasks.

Article 6. Storage of National Remote Sensing Data

1. National remote sensing data shall be stored in original form, primary form, copies, raw image data, product image data, and metadata.

2. The national remote sensing database must meet technical requirements to ensure that remote sensing data remains in good quality and secure condition, systematically and scientifically organized, easy to update, convenient for exploitation and utilization, and highly secure.

3. National remote sensing data shall be stored in an online storage system on server systems, network storage systems, or on storage media including magnetic tapes, CDs, DVDs, and other forms.

4. National remote sensing data as specified in Clause 1 of this Article must be preserved and stored long-term in accordance with the provisions of the law.

Article 7. Publication of National Remote Sensing Metadata

1. National remote sensing metadata shall be regularly updated and published through mass media, on the Internet, and on the electronic website of the agency managing national remote sensing data to serve the community and economic and social development needs, scientific research, training, and disaster prevention.

2. The Ministry of Natural Resources and Environment shall publish the metadata of national remote sensing data collected at satellite imaging stations managed by the Ministry and stored at agencies and organizations under the Ministry.

3. Ministries, sectors, and provincial People's Committees shall publish the national remote sensing metadata they manage.

4. The agency publishing national remote sensing metadata shall be responsible for the data it publishes and must comply with legal regulations on protecting state secrets in the field of natural resources and environment.

Chapter III

EXPLOITATION AND USE OF NATIONAL REMOTE SENSING DATA

Article 8. Forms and Procedures for Exploitation and Use of National Remote Sensing Data

1. The exploitation and use of data via the Internet and electronic websites must comply with the regulations on managing national remote sensing data.

2. The exploitation and use of data through request forms or request documents shall be carried out as follows:

a) Agencies, organizations, or individuals requiring the exploitation and use of data shall submit request forms or request documents to the organization managing national remote sensing data;

b) Upon receiving valid request forms or request documents from agencies, organizations, or individuals, the organization managing national remote sensing data shall provide data to the requesting agencies, organizations, or individuals. The provision period shall be in accordance with the Provision Regulation of the organization managing national remote sensing data;

c) The organization managing national remote sensing data shall have the responsibility to meet the requests for the exploitation and use of national remote sensing data from agencies, organizations, or individuals. In case of refusal to provide data, a written response stating the reasons must be provided within the latest seven (07) days from the date of receipt of the request form or request document from the agency, organization, or individual.

3. The exploitation and use of data through service contracts or agreements between the provider and the exploiter/user shall be conducted in accordance with the provisions of the law.

Article 9. Responsibilities and authorities of agencies, organizations, and individuals exploiting and using national remote sensing data

1. Comply with the provisions set forth in Clause 3, Article 4 of this Decision.

2. Shall not transfer to a third party the data provided by the organization managing national remote sensing data, except where such provision is stipulated in the contract or in the agreement with the providing organization.

3. Shall bear financial obligations for the exploitation and use of data in accordance with the provisions set forth in Clause 2, Article 11 of this Decision.

4. Timely notify the agency managing national remote sensing data about errors in the provided data.

5. File complaints in accordance with the law when their rights to exploit and use data are violated.

Chapter IV

FINANCIAL PROVISIONS FOR THE ACQUISITION, STORAGE, PROCESSING, EXPLOITATION AND USE OF NATIONAL REMOTE SENSING DATA

Article 10. Funding for acquisition, storage, and processing of national remote sensing data

1. The funding for acquiring, processing raw image data, building, updating, and storing the national remote sensing database shall be guaranteed by the state budget in accordance with the law.

2. State budget funds shall not be used to purchase foreign-acquired remote sensing data if such types of images can be obtained at Vietnam's satellite receiving stations or are already available in the national remote sensing database and meet the requirements for exploitation and use.

Article 11. Funding for the exploitation and use of national remote sensing data

1. Exploitation and use of national remote sensing data to directly serve the leadership of the Party and State or in emergency situations shall not require the fulfillment of financial obligations.

2. Agencies, organizations, and individuals exploiting and using data that do not fall under the cases specified in Clause 1 of this Article must fulfill financial obligations.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to establish fee levels and provide guidance on the collection, payment, and use of fees for the exploitation and use of national remote sensing data.

Chapter V

RESPONSIBILITIES AND AUTHORITIES OF AGENCIES MANAGING NATIONAL REMOTE SENSING DATA

Article 12. Responsibilities and authorities of the Ministry of Natural Resources and Environment

1. Establish and promulgate economic and technical norms, standards, and technical regulations regarding the acquisition, storage, processing, exploitation, and use of national remote sensing data; unit prices for various types of product images.

2. Aggregate needs and develop plans for the acquisition and processing of remote sensing data annually, every five years, and manage and monitor the acquisition and processing of remote sensing data according to urgent tasks assigned by the state.

3. Guide ministries, sectors, provincial People's Committees on the storage, exploitation, and use of national remote sensing data.

4. Acquire and store remote sensing data received at satellite receiving stations managed by the Ministry and other remote sensing data and products of the Ministry.

5. Build, update, manage, and operate the national remote sensing database and provide it to agencies, organizations, and individuals in accordance with the law.

6. Build, update, and publish national metadata for remote sensing in accordance with Clause 2, Article 7 of this Decision.

7. Efficiently exploit and use national remote sensing data in fields under the Ministry’s management.

Article 13. Responsibilities and authorities of ministries, sectors, and provincial People's Committees

1. Develop plans for the exploitation and use of remote sensing data to serve annual and five-year tasks of ministries, sectors, and localities, and propose remote sensing data requirements, including urgent task requirements, to the Ministry of Natural Resources and Environment.

2. Manage, store, supplement, and update remote sensing data and build remote sensing databases at ministries, sectors, and localities to provide them to agencies, organizations, and individuals in accordance with the law.

3. Build, update, and publish remote sensing metadata at ministries, sectors, and localities in accordance with Clause 3, Article 7 of this Decision to meet exploitation and use requirements.

4. Provide copies and remote sensing metadata purchased or received from abroad in accordance with point b and point c, Clause 1, Article 5 of this Decision to the Ministry of Natural Resources and Environment for integration into the national remote sensing database within the latest three (03) months from the date of receipt of data from the provider.

5. Efficiently exploit and use national remote sensing data in fields under the management of ministries, sectors, and localities.

Chapter VI

IMPLEMENTING PROVISIONS

Article 14. Provisions on national remote sensing data existing before the date this Decision takes effect

For national remote sensing data existing before the date this Decision takes effect, the agencies and organizations currently managing such data shall be responsible for building and updating remote sensing metadata and submitting it to the Ministry of Natural Resources and Environment for integration into the national remote sensing database within the latest period of six (06) months from the date this Decision takes effect.

Article 15. Effective Date

This Decision takes effect from February 15, 2011.

Article 16. Implementation Organization

1. The Minister of Natural Resources and Environment shall be responsible for guiding and inspecting the implementation of this Decision.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial People's Committees are responsible for implementing this Decision./.