Decision No. 05/2004/QD-BTNMT promulgating the Regulation on registration and licensing of geodesic and cartographic activities

No. 09 {12-5-2004) OFFICIAL GAZETTE THE MINISTRIES THE MINISTRY OF NATURALREJ?QURCES AND E.NVIRONMENT DECISION No. 05/2004/QD-BTNMT OF MAY 4, 2004 PROMULGATING THE REGULATION ON REGISTRATION ANO LICENSING OF GEODESIC AND CARTOGRAPHIC ACTIVITIES THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT Pursuant to the Government's Decree No. 91 I 2002/ND-CP of November 11, 2002 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; Pursuant to the Government's Decree No. 12/ 2002/ND-CP of January 22, 2002 on geodesic and ca11ographic activities; At the proposals of the director of the Department for Geodesy and Cartography and the director of the Legal Department, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on registration ar.d licensing of geodesic and cartographic activities. Article 2.-This Decision takes effect 15 days after its publication in the OHicinl C«~'.ntL ,,r,,, replaces Decision No. 656/00-DC of NcvcmlK·»· 4, 1997 of the general director of Uu:r) Administration pro mu/gating the Regu inti or1 c:, registration and practicing of eJ,,o(jt•,~k: ,w,1, cartographic activities. Article 3.- The mlnistc:rs, the ho,0d:' ('i ,I,'.. ministerial-level agencies, the heads c !' t(b Government-attached agencies, tho prcskJ<ftli; of the People's Committee,3 ot the- p,cvin,;c, ,.<L: centrally-run cities, and t/1,i :;,)tH;t I t1:,> 0 organizations and individuals shall r a Jo \c implement this Decision. Minister of Natur,'cl.l Resoun:·os and Environment MAI Al TRUC REGULATION ON REGISTP.ATiOh .~t··H) LICENSING OF GEODESIC AND C/\FT-.:J GRAPHIC ACTIVITIES (Promulgated together with thc1 Naiurai Resources and Environment Minister's Doc/sin:, No. 05/2004/QD-BTNMT of May 4, 2004) Chapter J GENERAL PROVISIONS Article 1.- Scope of regulation OFFICIAL GAZETTE No. 09 (12-5-2004) o,r :cr, proc,JdureG and competence for scope of their geodesic and cartographic >'Z}9i~.t(,rinq, rJranting, extending as well as activities, they may make additional registrations ,:,;upi;/001<:.'intinn the licenses for geodesic and or have their ficE1nses supplemented. >}r I q~1aphic :1.ctivities. Article 4.- RHsponslbilities of the agencies Artu:lt• 2.- Objects of application managing the registration and licensing of geodesic and cartographic activities 4 T7':! D:alf:) management agencies ln charge 1)( (J( o Jesy a11d cartography and other related :;i91:-mcies. ?. Organizations 21.nd individuals engaged in o cocle sic and cartographic activities in the :'V1i:,/aoci, airspace and sea areas under the .sc,vmr i o nty n nd jurisdiction of the Socialist H;:.-p; 1b;ic or VHtnarn. A 'LdfJ J." P1incip!es for registration and :':ccr1;-,int1 o-r geodesic and cartographic activities 1 . Geodesic and cartographic activities pre;,,~ribed ir. Article 4 of the Government's DecrGE: l\lo. 12/2002/NO-CP of January 22, 2002 on qoo,Jesi(; and cartographic activities must all ::ic :·,:g,stcr0d and licensed. 2. ·1 he 1·r?gistration or licensing of geodesic :::l1';.j .:r r rograr:hic activities shall be conducted ;1 !, ,,:, 1 ·,cr,--bu sir·; es s o rgani -:ations obtain :fr,,;::ic:·ion~, on their ~wodesic and cartographic ru11•,;{'o v; and tasks; or after economic organi ;:ati <".n ~- get bu sl n ess registra Hon certificates or hv0~0,tr,1ent !icnnses according law provisions. ::S. Crganiz;-:itions and individuals engaged in qcocie:,ic a.nd cartographic activities shall be ad/01,,1.,ed to condus:;t activities a/ready registered '.Jr :c;f,,tl·)d in t/-1Q/r licenses. 4. Ir, 1ho course of operatfon, if organizations ,1r:d :ndividuals wish to scale up and widen the 1. To supply registration forms; forms of applicatfon for granting, re"granting or extending licenses as prescribed. 2. To organiZE} the registration or consider the licensing of geoclesic and cartographic activities as prescribed. 3. To keep registration dossiers and grant licenses for geocleslc and cartographic activities. 4. To periodic,:tlly or extraordinarily inspect the registration and geodesic and cartographic activities of organizations and individuals; detect violations, handle, them according to competence or propose the handling thereof according to law provisions. 5. To send the registration papers or the licenses for geodesic and cartographic activities to organizations and individuals that have already registered or been granted lic~nses. The Department for Geodesy and Cartography under the Ministry of Natural Resources and Environment (hereinafter called the Geodesy and Cartograpt1y Department for short) shall have to notify such in writing to the Services of Natural Resources and Environment of the provinces or centrally"run cities where such organizations and individuals are headquartered for monitoring and inspection. 6. Annually, the provincial/municipal Services OFFICIAL GAZETTE of Natural Resources and Envimnment shall report to the provincial/municipal People's Committees and the Geodesy and Cartography Department on the situation of registration of geodesic and cartographic activities within their respective localities. The Geodesy and Cartography Department shall report to the Minister of Natural Resources and Environment on the situation of registration of geodesic and cartographic activities nationwide. Reports shall be made according to a set form {not printed herein). Article 5.- Responsibilities of organizations and individuals that register, or apply for licenses for, geodesic and cartographic activities Organizations and individuals that register, or apply for I icenses for, geodesic and cartographic activities have the following responsibilities: 1. To send their written registrations oc dossiers of application for geodesic and cartographic licenses to the competent State agencies according to regulations; 2. To be responsible for the registered contents or contents of dossiers of application for geodesic and cartographic activity \lcenses·, 3. To pay fee(s) according to law provisions. Chapter ti REGISTRATION OF GEODESIC AND G,:iodesic and cartographic activ:ti<::, 1;,. 1 specified in Article 10 of this Regul;,it!::ir: n1ui,;t be registered with the compmen SreJ c :. ,fy 1-,c:, - ·,, defined in Article 8 of this Reguiahm. Article 7.- Conditions for rogiste:·ing \J(,,:),fos:, and cartographic activities 1. Domestic organizations that ·e:Jislc:· geodesic and cartographic activities rru,/ fu\; / satisfy the following conditions: a/ Possessing the estab/:stmwnt d ~c-iskl,: , of competent .State agencies, v1h:c:, pte3c(!t>, their 9eoctesic and cartographic funefrXiC:, ;'<1 i:i tasks, for non-business units; or possci~si!lU thr: busim:!SS registration certificates for 9eoC!eJ::,.:r: and cartograpt1ic business !ine, tor ecor;omiG organizations; b/ Having the number of qeode.•;k an( cartographic technfcians and technical wc,rkon·: compatible with the payroll limit prescdb(~ci i•, econo-techn i ,::al norms of G e,otL?:,. ic : ;-, ·: ca rtog raph i c work for maki no 1 ( on o) ,J?v.><i •. and cartographic product within tr1e roqi::t,,.,ro,; contents; cl Having the quantity of qeoc!Edc 0.n:'. carto9raphic technical and tcchnolcgi• .. :a' equiprnent and facilities compatibl•~ v.'ih th,. equipment and machinery norm p rn i:;c; i L>, c: i 1 : econc-technical norms of geode~:.c d1 ,: cartographic work for making 1 ('>n8) ()1':(:..:c1·;; and cartographic product witriin the repi~,;,, ,! ,,, : contents. CARTOGRAPHIC ACTIVITIES 2. Foreign-invested enterprises and fun,'. :n: investors joining business cooperation ccn~ract'.: Article 6.- Scope of registration of geodesic under the legislation on foreign invE,strnPr,t ii, and cartographic activities Vietnam (collectively called forrc')iJn irwes·:'T!UT OFFICIAL GAZETTE No. 09 (12·5·2004) ·> i; 'Jfi''/.S,, s; w/1 ich register geodesic and the People's Committees of the provinces and ·>,;-1or.;1·:1p!1ic nc11vities must have investment :i('t;•·,s,:::s granted by compet0nt Vietnamese •:::tat,, :',(Jenck,s and fully meet the conditions 1:,·e::;; ::rtH~rJ at Points b and c, Clause 1 of this :'\Llic:e. J. indiv:duals who register geodesic and ::::lrtoua ph ic activities must fully meet the '')!icwi;-1g conditions: :;1/ F \}'.3scs:;ing university or college degrees . -.,i (Jiplorna.s :n intermediate level diplomas in :oce ;y and cartography; u.i Hs-:t~tinr; all the conditior.s prescribed at , ,,,i:";! ~:, Ciau;:.;e 1 of this Article. :nc:li-tiduals shall !)e allowed to register only n"'Wie,ic and cartographic activities not ';i:,or)fi ?ci !n Article 10 of this Regulation and conductcx:! ::,ingly by 1 (one) individual. /4dfclo 8.- Competence to register geodesic centrally-run citi,as in organizing the registration of geodesic and cartographic activities for organizations and individuals engaged in geodesic and cartographic activities not falling into the cases prescribed in Clause 1 of this Article. Article 9.~ Procedures for registering geodesic and cartographic activities 1. Organizations and individuals that register geodesic and cartographic activities shall make 2 {two) written registrations according to a set form (not printed herein) and submit them to the agencies with registering competence defined in Article 8 of this Regulation. 2. Upon recEJiving valid written registrations, the competent State agencies shall complete the certification of the registration of geodesic and cartographic activities right on the same day, or on the next day at the latest, then send to each registering organization or individual 1 (one) '.. 'Tho Geodesy and Cartography Depart~ certified written registration of geodesic and nmni s>iail or9anize ihe registration of geodesic cartographic activities. In cases where they .1:·:d c-rJ··tou i',1pt1 ic activities for organizations and reject the registration, they must notify in writing i ,<Ji vi c: uai i, engaged in geodesic and the concerned organizations and individuals of .. •:, i'kJ91·apt1 ic activities of the ministries, the reasons therefor. •r;:c1i:•·.tr,i'i;:1.!--'e·10! agGncies, tilt] Government· 1l""ci'.: ·1cd a9encif:s, central bodies of political Chapter 111 , .·'. '..J'.) ni /ations, socio--political organizations and ·-" -:(. I- :·u,c:,:si ~)nal organ izatior:s, corporations ,,: st:1:)k,hcd under the Prime Minister's ~sc:s:o rn, toreion organizatiom, and organiza :;,Jnf; entmi;1g into joint-ventures with foreign ? . ·r h(J provincial/municipal Services of LICENSING OF GEODESIC AND CARTOGRAPHIC ACTIVITIES Article 10.~ List of geodesic and cartographic activities which must be licensed 1. Surveying, projectlng, making technical ,. i "r;:; :, a: ne:,,:JL: rces and Environment shall assi~,t designs - co st estimates of geodesic and ' No. 09 (12~5~2004) OFFICIAL GAZETTE cartographic works. 2. Evaluating quality of geodesic and cartographic works and products. 3. Building the national networks of coordinates and altitudes 4. Building the system of base points for gravity, astronomical, satellite and deepness measurement. 5. Aerial photography of the earth. database. Article 11,~ Conditions for licE..-m,ing qeyJ1,(;, ·: and cartograpt1ic activities 1. Domestic organization:,; st:al! be 'it>:T,.sc·;J for geodesic and cartographic activitiu-~: wh'.·: ! they tully meet the following coi1dition::.,: a/ Possessing establishment :,iect 3ions 'i~,f competent State agencies, definhg t!lo rielx:l~;•:)i;-; and cartograp!lic functions and tasks, fc:· r;or, business units: or having busin:-~s.s rs;:isJ·::; hi ·: 6. Measuring, drawing and making certificates for the geodesic and carto!J'cTf-:1,~ topographic maps of a scale of between 1/ business line, for economic organizati(lm; 50,000 and 1/10,000. 7. Measuring, drawing and making topographic maps of a scale of between 1 /2,000 and 1/5,000. 8. Measuring, drawing and making topographic maps of seabed of various scales. 9. Measuring, drawing and making base cadastral maps of various scales. 10. Measuring, drawing and making cadastral maps of various scales. 11. Measuring, drawing and making administrative boundary maps at all levels. 12. Making national and provincial administrative maps. 13. Printing maps of all kinds. 14. Expertising geodesic and cartographic equipment and machinery. 15. Developing a geodesic and cartographic b/ Having the number of geodnsic an-:! carto~Jraphic technicians and technical workor3 compatible with the payroll limit prm,cri:)cd :r; econo-techn ical norms of geode; ic ,:! :·1 ci cartooraphic work for making 1 (one) scodusi•,' and cartographic product within tl1e co,w,nt; applied for licenses; c/ Having cadres in charge of kc'·;i,'. 0.:'.:I matters, who have tt1e univ.:,:si•v c,1 L:Tl-> deg rEie in training specialties su it3.b ie t,; geodesic and cartographic activities apo\:od io: licenses and have practical experienc~J in ti1(' geodesic and cartographic domain for , . .d 1-::•ast '.l (three) years; d/ Having the quantity of geodw,i · a: ' ca rtog ra phi c tee h n i ca I and ;: e c 11 n c-1 cc; L; :~: equipment and facilities compatible wi1.n lr:c equipment anc! machinery nom! prc::c:ril<d :,, econo-tech nical norms of ~l eode~.i c s.riri cartographic work for making 1 (one) geodesir; and cartograpt1ic product within the co:1tent:·. applied for licenses. OFFICIAL GAZETTE No, 09 (12-5-2004) ? f:orei'.}n i nvc~itment enterprises shall be : 1 , , ,'.!n 3E. d for geocios ic and ca rtoorap h ic activities v1 :-, ,:; •1 1:, ey :·:ave i r Ives I rn e nt Ii ce nses g ra ntnd by 'X'n1netent Vidn;::-,mese State agencies and fully ,rv:c=,t tl'V') conditions prescrlbed at Points b, c <J\ci d, Clause ·1 of this Article. ~::. r:oreign organizations other than the subjcc':s defined in Clause 2 of this Article shall he: ! i :;cnscd ror geodesic and cartographic "tctivitics when they have geodesic and ·::::,to-;:ir,,p!1ic contracts with domestic organiza , 1\1 · <' C" fr-.w.:iirrn investment oroanizat/ons and .• .. lly :nu::t the conditions prescribed at Points b, ·: : . .1v'. <i, Clau~~e i of this Article. ii.; li.~· fe l 2. - Competence to grant geodesic ;;',nd ca:iographic activity licenses The Geodesy and Cartography Department i-'~ Hie agency competent to grant, supplement '':C1ntcnts of, extend and re-grant, geodesic and ::hi' /Jr, 1pi;ic 2<.:tivity licenses. ArUc/e 13.~ Procedures for licensing )i::,·,:Hj,~s:c arid ,,::artographic activities 1. An organization which applies for a ;,,,1:-dc:,:c and cartographic activity license shall ,:r Jt·nr>:IE a clossiEJr in 2 (two) sets. Each dossier .' ,- /!. r: ,'.Pp iicPti n n for a 11eodesic and • ,-,,: .. ,:n:-.pnic adivity li,.::ense, made according to ,: ;;,)1 ioTn (nol printed herein); bi \ copy cf its cstablisl1ment decision or i. 1Jsi:1<.)SJ rr09istration certificate notarized by the ;:itai.c N::itnry Public; a copy of its investment Lcens-~ notarized by the State Notary Public, for u,y:i.niz,,tion,: (iefined in Clause 2, Article 2 of this Hegulation; or a copy of the geodesic and cartographic contract notarized by the State Notary Public, for organizations defined in Clause 3, Article 11 of thls Regulation; c/ A copy of its operation regulation or charter, notarized by the State Notary Public. 2. Order for submitting dossiers and granting licenses·: a/ Organizations applying for geodesic and cartographic activity licenses, which are attached to ministries, Government-attached agencies, the central bodies of political organizations, socio-political organizations and socio-pmfessional organizations, and the corporations established under the- Prime Minister's decisions, shall submit their c;iossiers to the Geodesy and Cartogra,phy Department. Within 5 (five) working days after receiving the complete valid dossiers, the Geodesy and Cartography Oepartmentshall have to consider, verify such dossiers and grant geod esic and cartographic activity license; to organizations which fully satisfy the conditions. Where the . . conditions for granting licenses are not fully satisfied, it shall notify in writing the applying organizations of the reasons for refusal to grant licenses. b/ Organizations applying for geodesic and cartographic activity licenses, which are other than the subjects defined at Point a, Clause 2 of this Article, shall submit their dossiers to the provincial/municipal Natural Resources and Environment Services. Within 5 (five1) working days after receiving the complete valid dossiers, the provincial/ municipal Natural Resources and Environment No. 09 (12-5-2004) OFFICIAL GAZETTE Services shall have to evaluate the dossiers, make written dossier evaluation records according to a set form (not prin1ed herein) and send them together with 1 (one) dossier set to the Geodesy and Cartography Department. Within 5 (five) working days after receiving the complete valid dossiers, the Geodesy and Cartography Department shall have to consider and grant geodesic and cartographic activity licenses to organizations which fully satisfy the conditions and send the licenses to the licensed organizations. Where the conditions for granting licenses are not fully satisfied, lt shalt noti1y in writing the applying organizations o1 the reasons for refusal to grant licenses. Article 14.- Scope and valid duration of geodesic and cartographic activity licenses 1. Geodesic and cartographic activi1y licenses are valid nationwide. 2. The validity duration of a geodesic and cartographic activity license is 10 (ten) years. Upon the expiry of the validity duration, \f organizations engaged in geodesic and cartographic activities wish to have their licenses extended, they shall apply for the extension by the competent State agencies. Each license shall be extended only once and the extended duration shall not exceed 5 (five) years. 3. Geodesic and cartographic activity licenses shall be issued by the Geodesy and Cartography Department according to a set form (not printed 1. An organization applying for suppisrncr; tatiOfi 01 contents of its geode:,ic anJ cartographic activity license shall cc,mp\ie 2 dossier in 2 (two) sets. Each dos:::.i-~,r f>f-1: comprises: a/ An application for suppiemor:tJ.tion - -::f license conten'.s, made according to 2. 3E.; f,:i:, 1 (not printed herein); bl A report on situation of its geodeS'G ,{11d carto9rap h ic activities conducted after it k, licensed, made according to a set fcrm (nc,! printed herein); cl The granted geodesic and cartcgr~:,phic activity license. 2. The subrnission and evaluation of dor;si(:!r3,. and supp1ementatioo of contents of gi::ode~1ic and cartographic activity licenses sha!I compiy with the provisions of Clause 2, Article 13 of thif Regulation. Article 16.- Extension of geode~ic anc: cartographic activity licenses 1 . An organization applying fer r::xter sk.,n c-1 its geodesic ar,d cartographic activity ,ir:-c:n,~:.· shall compile a dossier in 2 (tv.-o) S(:1t~. 2:,'lcl 1 dossier set comprises: a/ An application for extension ot Q(: ojo;,ic and cartographic activity license, n:r:ujo according to a set form (not printed hereir'), h~re ). b/ A report on the sltuation ot its geoclf,sic; and cartographi,-:: activities condu..::ted af:e. i1 i;,, Article 15.- Supplemen1ation of contents of licensed, made according to a set tmm lnc:,t geodesic and cartographic activity licenses printed herein); OFFICIAL GAZETTE c/ Tno granted geodesic and cartographic ;: -1ctivi ty I iconse. 2. [ossiers of application for extension of ;1e0d-,::ic and cartograp111c activity licenses shall :~-e sr :b T1itted "!o the Geodesy and Cartography Doprirtrnent. ;\Eet receiving the complete valid dossiers, '.h,1 Geodesy and Cartography Department shall '~on1pfote the extension of geodesic and :;a,tocJraphic activity licenses right on the same ;.iay, 0r on the next working day at the latest, for organl,-:ations fully satisfying the conditions. \'\!hers the conditions tor extending licenses are , JCi'. f' i II/ satisfied, it shall notify in writing the 2.pplylng organizations of the reasons for refusal to GX\0i"1d licenses. When the valid duration of geodesic and cartographic activity licenses prescribed in Clau~,e 2, Article 14 of this Regulation expires, '.)rq3.nizations which wish to continue their 'Jeodesic and cartographic activities shall make ,fos~:;:ers of application for new licenses i.:r.::;;ordi 19 to the provisions of Article 13 of this F\cguiation. Article 17.- He-grant of geodesic and c2,tt,)qraphic: e.ctivity Hcenses 1. Goodosic and cartographic activity licenses :::in!i :Je re--wanted in the following cases: :-1/ nwy ere lost; b/ Thny are so ragged, torn or damaged that ti'loy can no longer be used. 2. Organ ir:i. tion s ap p I yin g for re-grant of geodesic and cartographic activity licenses shall submit their applications for license re-grant, made accordinn to a set form (not printed herein), to the Geodesy and Cartography Department. When receiving the complete valid dossiers, the Geodesy and Cartography Department shall complete the (e-grant of geodesic and cartographic activity licenses right on the same day or the next working day at the latest. !n cases where, organizations which have lost their geodesic and cartographic activity licenses find such licensGs after they are re-granted licenses, they rnust hand over the found licenses to the Geodesy and Cartography Department. Chapter IV IMPLEMENTATION PROVISIONS Article 18.- Organization of implementation The director of the Geodesy and Cartography Department and the directors of the provincial/ municipal Natural Resources and Environment Services shall have to monitor and inspect the implementation of this Regulation. Any problems arising in the course of implementation should be promptly reported to the Natural Resources and Environment Ministry for consideration and decision. Minister of Natural Resources and Environment MAI Al TRUC