Order of the President of the People's Republic of China No. 75

The Surveying and Mapping Law of the People's Republic of China, amended and adopted at the 29th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 29, 2002, is hereby promulgated and shall go into effect as of December 1, 2002.

JiangZemin President of the People's Republic of China August 29, 2002

Surveying and Mapping Law of the People's Republic of China

(Adopted at the 29th Meeting of the Standing Committee of the Seventh National People's Congress on December 28, 1992, amended at the 29th Meeting of the Standing Committee of the Ninth National People's Congress on August 29, 2002)

Contents

Chapter I General Provisions

Chapter II Surveying and Mapping Datums and Systems

Chapter III Basic Surveying and Mapping

Chapter IV Boundary Surveying and Mapping and Other Surveying and Mapping

Chapter V Qualifications for Surveying and Mapping

Chapter VI Surveying and Mapping Results

Chapter VII Protection of Surveying Markers

Chapter VIII Legal Responsibility

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted to strengthen the administration of the surveying and mapping undertaking, promote its development and ensure that it renders service to development of the national economy, the building up of national defence, and progress of the society.

Article 2  All surveying and mapping activities in the territorial air, land and waters of the People's Republic of China, as well as other sea areas under its jurisdiction shall be conducted in compliance with this Law.

For purpose of this Law, surveying and mapping include the activities conducted to determine, collect and formulate the key elements of physical geography or the shapes, sizes, space positions, attributes, etc. of man-made surface installations, as well as to process and provide the data, information and results gained therefrom.

Article 3 The undertaking of surveying and mapping is a basic undertaking for development of the national economy, building up of national defence, and progress of the society. People's governments at all levels shall strengthen leadership of work in this field.

Article 4 The administrative department for surveying and mapping under the State Council shall be in charge of the unified supervision over the work of surveying and mapping throughout the country. The relevant departments under the State Council shall, in line with the division of their functions and duties specified by the State Council, be responsible for the work of surveying and mapping which they are concerned with.

The administrative departments in charge of surveying and mapping under the local people's governments at or above the county level (hereinafter referred to as the departments for surveying and mapping, in short) shall be responsible for the unified supervision over the work of surveying and mapping within their own administrative areas. The relevant departments of the local people's governments at or above the county level shall, in line with the division of their functions and duties specified by the people's governments at the corresponding level, be responsible for the work of surveying and mapping which they are concerned with.

The competent department for surveying and mapping of the army shall be responsible for work of the administration of surveying and mapping done by military departments and shall, in line with the division of its functions and duties specified by the State Council and the Central Military Commission, be responsible for administration of the basic marine surveying and charting.

Article 5 In surveying and mapping, the datums and systems prescribed by the State for surveying and mapping shall be employed, and the technical norms and standards prescribed by the State for surveying and mapping shall be applied.

Article 6 The State encourages scientific and technological updating and progress in surveying and mapping and adoption of advanced technology and equipment so as to raise the surveying and mapping level.

Units and individuals that make important contributions to scientific and technological progress in surveying and mapping shall be rewarded in accordance with the relevant regulations of the State.

Article 7 Foreign organizations or individuals that wish to conduct surveying and mapping in the territorial air, land or waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall be subject to approval by the administrative department for surveying and mapping under the State Council and the competent department for surveying and mapping of the army, and they shall observe the provisions of relevant laws and administrative rules and regulations of the People's Republic of China.

Foreign organizations or individuals that wish to conduct surveying and mapping in the territorial air, land or waters of the People's Republic of China shall, as required by law, join hands with the relevant departments or units of the People's Republic of China in the form of Chinese-foreign equity joint venture or Chinese-foreign contractual joint venture and such surveying and mapping may not involve State secrets or endanger State security.

Chapter II Surveying and Mapping Datums and Systems

Article 8 The State establishes and adopts the nationwide unified geodetic datums, vertical datums, depth datums and gravimetric datums, and the data in this respect shall be examined and verified by the administrative department for surveying and mapping under the State Council, which, after consulting with the relevant departments under the State Council and the competent department for surveying and mapping of the army, shall submit the data to the State Council for approval.

Article 9 The State establishes a nationwide unified geodetic coordinate system, plane coordinate system, vertical system, geocentric coordinate system and gravimetric system, and defines the classification of orders and classes and precision of the national geodetic survey, as well as the national basic scale map series and their basic precision. Specific norms and requirements shall be formulated by the administrative department for surveying and mapping under the State Council in conjunction with the relevant departments under the State Council and the competent department for surveying and mapping of the army.

Where it is really necessary to adopt the international coordinate system and this does not endanger State security, the matter shall be subject to approval by the administrative department for surveying and mapping under the State Council and the competent department of survey and mapping of the army.

Article 10 Where it is really necessary to establish relatively independent plane coordinate systems for major construction projects of large cities and the State to meet the needs of construction, urban planning and scientific research, the matter shall be subject to approval by the administrative department for surveying and mapping under the State Council; and where it is really necessary to establish relatively independent plane coordinate systems for other purposes, the matter shall be subject to approval by the administrative department for surveying and mapping under the people's government of a province, autonomous region, or municipality directly under the Central Government.

The relatively independent plane coordinate systems to be established shall be connected with the national coordinate system.

Chapter III Basic Surveying and Mapping

Article 11 Basic surveying and mapping is a public welfare undertaking. The State exercises administration over basic surveying and mapping at different levels.

For purpose of this Law, basic surveying and mapping include establishing of the nationwide unified surveying and mapping datums and systems, taking of basic aerial photographs, obtaining of the remote sensing data of basic geographic information, surveying, producing and renewing of the national basic scale map series, photomaps and digital products and establishing and renewing of the basic geographic information system.

Article 12 The administrative department for surveying and mapping under the State Council shall, in conjunction with the relevant departments under the State Council and the competent department for surveying and mapping of the army, take charge of drawing up national plans for basic surveying and mapping, and shall submit the plans to the State Council for approval before making arrangements for their implementation.

The administrative departments for surveying and mapping under the local people's governments at or above the county level shall, in conjunction with the relevant departments of the people's governments at the corresponding level, take charge of drawing up the plans for basic surveying and mapping of their own administrative areas on the basis of the basic surveying and mapping plans of the State and of the people's government at the next higher level and in light of the actual conditions of their own administrative areas, submit the plans to the people's governments at the same level for approval and make arrangements for their implementation after submitting them to the administrative departments for surveying and mapping at the next higher level for the record.

Article 13 The competent department for surveying and mapping of the army shall be responsible for working out plans for military surveying and mapping and, in line with the division of functions and duties specified by the State Council and the Central Military Commission, take charge of drawing up plans for basic marine surveying and charting, and make arrangements for their implementation.

Article 14 People's governments at or above the county level shall incorporate basic surveying and mapping into their annual plans for national economic and social development and their financial budgets at the same level.

The administrative department for development and planning under the State Council shall, in conjunction with the administrative department for surveying and mapping under the State Council and on the basis of the national basic surveying and mapping plan, draw up annual plans for national basic surveying and mapping.

The administrative departments for development and planning under the local people's governments at or above the county level shall, in conjunction with the administrative departments for surveying and mapping at the corresponding level, draw up annual plans for basic surveying and mapping of their own administrative areas on the basis of the basic surveying and mapping plans for their own administrative areas, and submit their annual plans respectively to the competent departments at the next higher level for the record.

The State gives financial assistance to the outlying districts and minority nationality areas in basic surveying and mapping.

Article 15 The results of basic surveying and mapping shall be regularly renewed. The results of basic surveying and mapping urgently needed for development of the national economy, building up of national defence and progress of the society shall be renewed in time.

The period for renewing the results of basic surveying and mapping shall be determined on the basis of the need for national economic and social development in different areas.

Chapter IV Boundary Surveying and Mapping and Other Surveying and Mapping

Article 16 The national boundaries of the People's Republic of China shall be surveyed and mapped in accordance with the boundary treaties or agreements concluded between the People's Republic of China and its neighboring countries. Standard sample maps defining the international boundaries of the People's Republic of China shall be drafted by the Ministry of Foreign Affairs and the administrative department for surveying and mapping under the State Council and submitted to the State Council for approval and publication.

Article 17 The boundary lines between the administrative areas shall be surveyed and mapped in accordance with the relevant regulations of the State Council. Standard maps drawing the administrative boundaries between provinces, autonomous regions, municipalities directly under the Central Government, and between autonomous prefectures, counties, autonomous counties and cities shall be drafted by the department for civil affairs under the State Council and the administrative department for surveying and mapping under the State Council and submitted to the State Council for approval and publication.

Article 18 The administrative department for surveying and mapping under the State Council shall, in conjunction with the department for land administration under the State Council, draw up plans for cadastral surveying and mapping nationwide. The administrative department for surveying and mapping under the local people's governments at or above the county level shall, in conjunction with the departments for land administration at the corresponding level, draw up plans for cadastral surveying and mapping of their own administrative areas.

The administrative department for surveying and mapping under the local people's governments at or above the county level shall, in accordance with the plans for cadastral surveying and mapping, take charge of the administration of cadastral surveying and mapping.

Article 19 The estate boundary location lines of lands, buildings, structures and other aboveground objects attached to the land shall be surveyed in accordance with the estate boundary location points and estate boundary location lines determined by the local people's governments at or above the county level or with the relevant registration data and attached maps provided by the said governments. When changes in the estate boundary location lines take place, the persons concerned shall, without delay, conduct surveying and mapping accordingly.

Article 20 Projects in the field of urban construction and housing areas related to housing property rights and housing cadastre shall be surveyed in accordance with the norms for surveying which are set under the charge of the administrative department for construction under the State Council and the administrative department for surveying and mapping under the State Council.

Projects for water conservancy, energy, transportation, telecommunications, resource development and in other fields shall be surveyed in accordance with the relevant technical norms of the State for project surveying.

Article 21 To establish a geographic information system, the basic geographic information and data that meet State standards shall be used.

Chapter V Qualifications for Surveying and Mapping

Article 22 With regard to units engaged in surveying and mapping activities, the State applies a control system for the qualifications for surveying and mapping.

Units engaged in surveying and mapping activities shall meet the following requirements and obtain the necessary qualification certificates of surveying and mapping for different grades.

(1)   being manned with specialized technicians needed for the surveying and mapping they are engaged in;

(2)   being equipped with the technical equipment and facilities needed for the surveying and mapping they are engaged in;

(3)   having a sound technical and quality guarantee system and a control system for surveying and mapping results and data files; and

(4)   meeting the other requirements prescribed by the administrative department for surveying and mapping under the State Council.

Article 23 The administrative department for surveying and mapping under the State Council and administrative departments for surveying and mapping under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall, in compliance with their own functions and duties, take charge of examining the qualifications for surveying and mapping as well as of issuing qualification certificates. The specific measures in this respect shall be formulated by the administrative department for surveying and mapping under the State Council after consultation with other relevant departments under the State Council.

The competent department for surveying and mapping of the army shall be responsible for examination of the qualifications for surveying and mapping of military surveying and mapping units.

Article 24 No surveying and mapping units may engage in surveying and mapping activities by exceeding the scope allowed for their grades of qualification or engage in such activities in the name of other surveying and mapping units, or permit other units to engage in such activities in their names.

Where a surveying and mapping project is contracted out, the unit that contracts out the project may not contract it out to a unit that does not possess the necessary qualification grade of surveying and mapping, or force a surveying and mapping unit to undertake the contract at a price lower than the cost of surveying and mapping.

No surveying and mapping units may subcontract surveying and mapping projects.

Article 25 Specialized technician engaged in surveying and mapping activities shall possess the necessary professional qualifications, and the specific measures in this respect shall be formulated by the administrative department for surveying and mapping under the State Council in conjunction with the personnel administration department under the State Council.

Article 26 Persons conducting surveying and mapping activities shall hold certificates for surveying and mapping operation.

No units or individuals may hinder or obstruct the surveying and mapping activities conducted by mapping persons in accordance with law.

Article 27 The designs of the qualification certificate for surveying and mapping units, of the professional certificate for specialized surveying and mapping technicians and of the operation certificate for surveying and mapping persons shall all be worked out by the administrative department for surveying and mapping under the State Council.

Chapter VI Surveying and Mapping Results

Article 28 The State applies the system of summarizing and submitting surveying and mapping results.

After a surveying and mapping project is completed, the investor for the project or the surveying and mapping unit undertaking the project invested by the State shall summarize and submit the materials of the surveying and mapping results to the administrative department for surveying and mapping under the State Council or to the administrative department for surveying and mapping under the people's government of the relevant province, autonomous region or municipality directly under the Central Government. If the results belong to a basic surveying and mapping project, they shall be summarized and submitted in the form of a duplicate copy; and if they do not belong to a basic surveying and mapping project, they shall be summarized and submitted in the form of a catalogue. The administrative department for surveying and mapping in charge of accepting duplicate copies and catalogues of surveying and mapping results shall produce a voucher for receipt of such copies and catalogues and shall, without delay, hand over such copies and catalogues to the unit in charge of their keeping. Specific measures for summarizing and submitting surveying and mapping results shall be formulated by the State Council.

The administrative department for surveying and mapping under the State Council and the administrative departments for surveying and mapping under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall regularly compile catalogues of the surveying and mapping results and make them known to the general public.

Article 29 Units in charge of keeping the surveying and mapping results shall take measures to ensure the completeness and safety of the surveying and mapping results and, in accordance with relevant State regulations, make them known to the public and make them available for use.

If the surveying and mapping results belong to State secrets, the provisions of laws and administrative rules and regulations governing State secrets shall be applied; and in the event they are required to be provided to foreign organizations or individuals, the procedures of examination and approval laid down by the State Council and the Central Military Commission shall be followed.

Article 30 With respect to the surveying and mapping projects funded by public finance and those likewise funded for construction projects, the relevant departments shall, prior to giving approval to establishment of such projects, consult with the department for surveying and mapping under the people's government at the corresponding level. Where there are surveying and mapping results suitable to the projects, they shall be made full use of so as to prevent duplicate surveying and mapping.

Article 31 Where basic surveying and mapping results and other results of surveying and mapping completed with State investment are to be used for decision-making by State organs and for public welfare undertakings, they shall be provided gratis.

For results other than the ones specified in the preceding paragraph, the system for paid use shall be applied in accordance with law; but the government, the relevant government departments and the army may use them free of charge in their efforts to meet the needs of such public interests as taking precautions against natural calamities, ameliorating natural disasters and building up national defence.

Specific measures for use of surveying and mapping results shall be formulated by the State Council.

Article 32 Significant geographic information and data concerning the positions, elevations, depths, areas and lengths of the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall be examined and verified by the administrative department for surveying and mapping under the State Council, and then, after consultation with the relevant departments under the State Council and the competent department for surveying and mapping of the army, be submitted to the State Council for approval and published by the State Council or by the department authorized by it.

Article 33 People's governments at all levels shall tighten control over the drawing up, printing, publishing, displaying and carrying of maps so as to guarantee the quality of maps and safeguard the sovereignty, security and interests of the State. Specific measures in this respect shall be formulated by the State Council.

People's governments at all levels shall improve publicity and education among citizens in their awareness of the territory of the State and enhance their awareness of the importance of the State territory.

Article 34 Surveying and mapping units shall be responsible for the quality of the surveying and mapping results they have achieved. The administrative departments for surveying and mapping under the people's governments at or above the county level shall exercise strict supervision over the quality of the surveying and mapping results.

Chapter VII Protection of Surveying Markers

Article 35 No units or individuals may damage, destroy or, without authorization, remove permanent surveying markers or temporary surveying markers in use, or seize or occupy the land used for permanent surveying markers; nor may they, within the security control area of a permanent surveying marker, conduct activities which endanger the safety and impair the effective use of the surveying markers.

For purpose of this Law, permanent surveying markers include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points, leveling points and satellite positioning points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at sea-bed geodetic points.

Article 36 A unit that establishes permanent surveying markers shall set up distinct signs for such markers, and entrust an appropriate local unit with the designation of persons specially for taking care of them.

Article 37 In carrying out engineering construction, the construction unit shall seek to get around permanent surveying markers; where it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the matter shall be subject to approval by the administrative department for surveying and mapping under the State Council or by such a department under the people's government of the relevant province, autonomous region or municipality directly under the Central Government. Where a military control point is involved, the matter shall be subject to consent by the competent department for surveying and mapping of the army. The construction unit shall bear all the expenses incurred as a result of the removal and reestablishment of such markers.

Article 38 When employing permanent surveying markers, the surveying and mapping persons shall hold their certificates for surveying and mapping operations and ensure that the markers remain in good condition.

Persons responsible for taking care of the surveying markers shall inspect and examine whether they are intact after employment.

Article 39 People's government at or above the county level shall take effective measures to improve protection of the surveying markers.

The administrative departments for surveying and mapping under the people's governments at or above the county level shall, in accordance with relevant regulations, inspect and maintain the permanent surveying markers.

People's governments at the township level shall successfully protect the surveying markers within their own administrative areas.

Chapter VIII Legal Responsibility

Article 40 Any unit that, in violation of the provisions of this Law, commits one of the following acts shall be given disciplinary warning, ordered to make rectification, and may, in addition, be fined not more than RMB 100,000 yuan; and the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law:

(1)   establishing, without approval, a relatively independent plane coordinate system; and

(2)   when establishing geographic information systems, adopting the basic geographic information and data which do not conform to the norms of the State.

Article 41 Any unit that, in violation of the provisions of this Law, commits one of the following acts, shall be given disciplinary warning, ordered to make rectification, and may, in addition, be fined not more than 100,000 yuan; if the violation constitutes a crime, it shall be investigated for criminal responsibility in accordance with law; and if the violation is not serious enough for criminal punishment, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law:

(1)   when conducting surveying and mapping activities, adopting, without approval, international coordinate systems; and

(2)   publishing, without authorization, significant geographic information and data concerning the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China.

Article 42 Anyone who, in violation of the provisions of this Law, and, without obtaining qualification certificates for surveying and mapping, engages in surveying and mapping activities shall be ordered to desist from the violation; his unlawful gains and surveying and mapping results shall be confiscated; and, in addition, he shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon.

Where a person engages in surveying and mapping activities with his qualification certificate for surveying and mapping obtained by fraudulent means, his certificate shall be revoked, his unlawful gains and surveying and mapping results shall be confiscated, and, in addition, he shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon.

Article 43 Where a surveying and mapping unit, in violation of the provisions of this Law, commits one of the following acts, it shall be ordered to desist from the violation, its unlawful gains and surveying and mapping results shall be confiscated, it shall be fined not less than the amount of, but not more two times the amount of, the remuneration for surveying and mapping agreed upon, and it may, in addition, be ordered to suspend operation for shake-up or its qualification may be downgraded; and if the circumstances are serious, its qualification certificates for surveying and mapping shall be revoked:

(1)   engaging in surveying and mapping activities by exceeding the scope allowed for its grade of qualification;

(2)   engaging in surveying and mapping activities in the name of another surveying and mapping unit; and

(3)   permitting another unit to engage in surveying and mapping activities in its name.

Article 44 Where a unit, in violation of this Law, contracts out a surveying and mapping project to a unit that does not possess the necessary qualification grade or forces a surveying and mapping unit to undertake the contract at a price lower than the cost of surveying and mapping, it shall be ordered to put it right, and it may be fined not more than two times the amount of the remuneration for surveying and mapping agreed upon. Where a staff member of the unit that contracts out a project, taking advantage of his position, extorts or illegally accepts money or things of value from another person or seeks benefits for another person, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with law; and if the violation is not serious enough for criminal punishment, he shall be given administrative sanctions in accordance with law.

Article 45 Where a surveying and mapping unit, in violation of the provisions of this Law, subcontracts a surveying and mapping project to another unit, it shall be ordered to put it right, its unlawful gains shall be confiscated, it shall be fined not less than the amount of, but not more than two times the amount of, the remuneration for surveying and mapping agreed upon, and it may, in addition, be ordered to suspend operation for shake-up or its qualification may be downgraded; and if the circumstances are serious, its qualification certificate for surveying and mapping shall be revoked.

Article 46 Anyone who, in violation of the provisions of this Law and without being qualified for the practice of surveying and mapping, engages in surveying and mapping activities shall be ordered to desist from the violation, his unlawful gains shall be confiscated, and he may, in addition, be fined not more than two times the amount of his unlawful gains; and if losses are caused, he shall bear the responsibility to pay compensation in accordance with law.

Article 47 Any unit or individual that, in violation of the provisions of this Law, fails to summarize and submit the materials of its/his surveying and mapping results, it/he shall be ordered to summarize and submit the materials within a specified time limit; if it/he fails to do so at the expiration of the time limit, the investor for the surveying and mapping project shall be fined not less than the amount of, but not more than two times the amount of, the expenses entailed by resurveying and remapping of the project; and the unit undertaking the surveying and mapping project invested by the State shall be fined not less than 10,000 yuan but not more than 50,000 yuan and its qualification certificate for surveying and mapping shall be temporarily taken away; if the unit still fails to summarize and submit the materials of the surveying and mapping results within six months counted from the date its qualification certificate is temporarily taken away, its qualification certificate shall be revoked, and the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.

Article 48 Where a surveying and mapping unit, in violation of the provisions of this Law, achieves unqualified results, it shall be ordered to conduct make-up surveying and mapping or to resurvey and remap the project; if the circumstances are serious, it shall be ordered to suspend operation for shake-up, its qualification be downgraded, or its qualification certificate for surveying and mapping be revoked; and if losses are caused to the user, it shall bear the responsibility to pay compensation to the user in accordance with law.

Article 49 Where, in violation of the provisions of this Law, mistakes or omissions are made or secrets are divulged in the maps compiled, printed, published, displayed or carried, which endangers the sovereignty or security of the State and damages the interests of the State and thus constitutes a crime, criminal responsibility shall be investigated in accordance with law; and if the violation is not serious enough for criminal punishment, administrative penalties or sanctions shall be given in accordance with law.

Article 50 Any unit or individual that, in violation of the provisions of this Law, commits one of the following acts shall be given a disciplinary warning and be ordered to make rectification, and may, in addition, be fined not more than 50,000 yuan; if losses are caused, it/he shall, in accordance with law, bear the responsibility to pay compensation; if a crime is constituted, criminal responsibility shall be investigated in accordance with law; and if the violation is not serious enough for criminal punishment, the persons directly in charge and the other persons directly responsible shall given administrative sanctions in accordance with law:

(1)   damaging, destroying or, without authorization, removing permanent surveying markers or temporary surveying markers in use;

(2)   seizing or occupying the land used for permanent surveying markers;

(3)   within the security control area of a permanent surveying marker, conducting activities which endanger the safety and impair the effective use of the surveying markers;

(4)   within the scope of the land occupied by surveying markers, constructing buildings which impair their effective use;

(5)   without authorization, dismantling permanent surveying markers or rendering them ineffective, or refusing to pay the expenses entailed by the removal and reestablishment of the markers; and

(6)   damaging or destroying permanent surveying markers through violation of the operating rules.

Article 51 Any unit or individual that, in violation of the provisions of this Law, commits one of the following acts shall be ordered to desist from the violation, the surveying and mapping results and tools shall be confiscated, and it/he shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, it/he shall be fined not less than 100,000 but not more than 500,000 yuan and shall be ordered to leave the country within a specified time limit; and if the surveying and mapping results gained belong to State secrets and a crime is constituted, it/he shall be investigated for criminal responsibility in accordance with law:

(1)   in the case of foreign organizations or individuals, without approval, engaging in surveying and mapping activities in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China; and

(2)   in the case of foreign organizations or individuals, without joining an equity or contractual joint venture with the relevant department or unit of the People's Republic of China, engaging in surveying and mapping activities in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China.

Article 52 The administrative penalties involving the downgrading of qualifications, temporary taking away of the qualification certificates for surveying and mapping and revoking of such certificates, as provided for by this Law, shall be decided on by the department that issues such certificates; and the other administrative penalties shall be decided on by the administrative departments for surveying and mapping under the people's governments at or above the county level.

The order for leaving the country within a specified time limit, as provided for in Article 51 of this Law, shall be decided on by the public security organ.

Article 53 Where a functionary of the administrative department for surveying and mapping under the people's government at or above the county level, in violation of the provisions of this Law, and by taking advantage of his function, accepts another person's money or things of value or other benefits, or neglects his duties, verifies and issues a qualification certificate for surveying and mapping to a unit that does not meet the statutory requirements, fails to perform his duty of supervision in accordance with law, or fails to investigate and punish the violations of law discovered, thus causing serious consequences, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with law; and if the violation is not serious enough for criminal punishment, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.

Chapter IX Supplementary Provisions

Article 54 Administrative measures for military surveying and mapping shall be formulated by the Central Military Commission in accordance with the provisions of this Law.

Article 55 This Law shall go into effect as of December 1, 2002.