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中華人民共和國測繪法

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

青島希尼爾翻譯公司 2014-11-15


中華人民共和國測繪法

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

第一條 為了保障測繪事業的順利發展,促進測繪事業為國家經濟建設、國防建設和科學研究服務,制定本法。

Article 1 This Law is formulated to ensure the smooth development of the undertaking of surveying and mapping and promote the service thereof to the national economic construction, the building up of the national defence, and scientific research.

第二條 在中華人民共和國領域和管轄的其他海域從事測繪活動,必須遵守本法。

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

第三條 國務院測繪行政主管部門主管全國測繪工作。

Article 3 The competent department of surveying and mapping administration under the State Council shall be in charge of the surveying and mapping work throughout the country.

國務院其他有關部門按照國務院規定的職責分工,負責管理本部門的測繪工作。

Other relevant departments under the State Council shall be responsible for the management of surveying and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the State Council.

省、自治區、直轄市人民政府管理測繪工作的部門,主管本行政區域內的測繪工作。

The department of surveying and mapping administration of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall be in charge of the surveying and mapping work within its administrative region.

省、自治區、直轄市人民政府其他有關部門,按照本級人民政府規定的職責分工,負責管理本部門的測繪工作。

Other relevant departments of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall be responsible for the management of surveying and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the people's government at the corresponding level.

軍隊測繪主管部門負責管理軍事部門的測繪工作,并按照國務院、中央軍事委員會規定的職責分工負責管理海洋基礎測繪工作。

The competent department of surveying and mapping in the armed forces shall be responsible for the management of surveying and mapping work of military departments, and shall, in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission, be responsible for the management of basic marine surveying and charting work.

第四條 測繪應當使用國家規定的測繪基準和測繪標準。

Article 4 The surveying and mapping datums and standards prescribed by the State shall be employed in surveying and mapping.

第五條 國家鼓勵加強測繪科學技術研究,采用先進技術和先進設備,提高測繪科學技術水平。

Article 5 The State shall encourage the enhancement of scientific and technological research in surveying and mapping, the adoption of advanced technology and equipment, and the upgrading of the scientific and technological level in surveying and mapping.

對在測繪工作和有關的科學技術研究等方面做出顯著成績的單位和個人,給予獎勵。

Units and individuals that have made outstanding achievements in surveying and mapping work and related scientific and technological research shall be awarded.

第六條 各單位和個人應當對測繪提供便利,不得妨礙和阻撓測繪人員按照規定進行測繪活動。

Article 6 Every unit and individual shall help facilitate surveying and mapping and must not impede or obstruct surveying and mapping personnel from carrying out surveying and mapping activities in accordance with relevant regulations.

第二章 測繪基準和測繪系統CHAPTER II SURVEYING AND MAPPING DATUMS AND SYSTEMS

第七條 國家設立和采用全國統一的大地基準、高程基準、深度基準、重力基準,其數據由國務院測繪行政主管部門審核,并同國務院其他有關部門、軍隊測繪主管部門會商后,報國務院批準發布。

Article 7 The State shall establish and adopt the nationwide unified geodetic datums, vertical datums, depth datums and gravimetric datums, and the data thereof shall be examined and verified by the competent department of surveying and mapping administration under the State Council and, after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, shall be submitted to the State Council for approval and publication.

第八條 國家建立全國統一的大地坐標系統、平面坐標系統、高程系統、地心坐標系統和重力測量系統,確定國家大地測量等級和精度,以及國家基本比例尺地圖的系列和基本精度。

Article 8 The State shall establish a nationwide unified geodetic coordinate system, plane coordinate system, vertical system, geocentric coordinate system and gravimetric system, and define 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.

具體規定由國務院測繪行政主管部門同國務院其他有關部門、軍隊測繪主管部門會商后制定,報國務院批準發布。

Specific rules shall be formulated by the competent department of surveying and mapping administration under the State Council after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, and submitted to the State Council for approval and publication.

第九條 因建設、城市規劃和科學研究的需要,局部地區可以建立相對獨立的平面坐標系統。

Article 9 Relatively independent plane coordinate systems may be established in local areas on account of the needs of construction, urban planning and scientific research.

大城市、中等城市和大型建設項目建立相對獨立的平面坐標系統,應當按照規定經國務院有關部門或者省、自治區、直轄市人民政府批準,報國務院測繪行政主管部門備案,并與國家坐標系統相聯系。

The establishment of relatively independent plane coordinate systems in large or medium-sized cities, and for large construction projects, shall, in line with relevant regulations and subject to the approval by relevant departments under the State Council or by the people's governments of relevant provinces, autonomous regions or municipalities directly under the Central Government, be submitted to the competent department of surveying and mapping administration under the State Council for the record, and such systems shall be connected with the national coordinate system.

第三章 測繪規劃及其實施CHAPTER III SURVEYING AND MAPPING PLANS AND THEIR IMPLEMENTATION

第十條 國務院測繪行政主管部門根據實際情況分別會同國務院其他有關部門、軍隊測繪主管部門,編制全國基礎測繪和其他重大測繪項目規劃,并按照分工組織實施。

Article 10 The competent department of surveying and mapping administration under the State Council shall, in conjunction with other relevant departments under the State Council or the competent department of surveying and mapping in the armed forces respectively as the circumstances may require, draw up plans for the national basic surveying and mapping and other major surveying and mapping projects, and take charge of their implementation according to the division of responsibilities.

國務院其他有關部門編制本部門專業測繪規劃,報國務院測繪行政主管部門備案后,組織實施。

Other relevant departments under the State Council shall work out specialized surveying and mapping plans for their respective departments, and take charge of their implementation after submitting them to the competent department of surveying and mapping administration under the State Council for the record.

省、自治區、直轄市人民政府管理測繪工作的部門根據需要,可以編制本行政區域內局部地區的基礎測繪和其他重大測繪項目規劃,報國務院測繪行政主管部門備案后,組織實施。

The department of surveying and mapping administration of the people's government of a province, an autonomous region or a municipality directly under the Central Government may, if necessary, work out plans for basic surveying and mapping in local areas and for other major surveying and mapping projects within its demonstrative region, and take charge of their implementation after submitting them to the competent department of surveying and mapping administration under the State Council for the record.

軍隊測繪主管部門編制軍事測繪規劃和按照國務院、中央軍事委員會規定的職責分工編制海洋基礎測繪規劃,并組織實施。

The competent department of surveying and mapping in the armed forces shall work out plans for military surveying and mapping, shall in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission draw up plans for basic marine surveying and charting, and shall take charge of their implementation.

第十一條 國務院測繪行政主管部門會同國務院土地管理部門和國務院其他有關部門編制地籍測繪規劃,并由國務院測繪行政主管部門按照規劃組織協調地籍測繪工作。

Article 11 The competent department of surveying and mapping administration under the State Council shall, in conjunction with the department of land administration under the State Council and other relevant departments under the State Council, draw up cadastral surveying and mapping plans; the competent department of surveying and mapping administration under the State Council shall in accordance with these plans organize and coordinate cadastral surveying and mapping work.

第十二條 承擔測繪任務的單位必須具備與其所從事的測繪工作相適應的技術人員、設備和設施,由國務院測繪行政主管部門或者省、自治區、直轄市人民政府管理測繪工作的部門對其測繪資格審查合格后,方可承擔測繪任務。

Article 12 A unit undertaking surveying and mapping missions must possess the technical personnel, equipment and facilities compatible with the surveying and mapping work they are engaged in; it shall not undertake any surveying and mapping missions until its qualification of surveying and mapping has been verified by the competent department of surveying and mapping administration under the State Council or the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

國務院其他有關部門管轄系統內的單位承擔本部門業務范圍內的測繪任務,由該部門進行測繪資格審查。

With respect to units, under the jurisdiction of other relevant departments under the State Council, undertaking surveying and mapping missions within the specialized scope of their respective departments, their qualification of surveying and mapping shall be verified by their respective departments.

軍隊測繪主管部門負責軍事測繪單位的測繪資格審查。

The competent department of surveying and mapping in the armed forces shall be responsible for the verification of the qualification of surveying and mapping of military surveying and mapping units.

第十三條 承擔測繪任務的單位,施測前應當按照規定向測繪項目所在地的省、自治區、直轄市人民政府管理測繪工作的部門或者國務院授權的部門進行測繪任務登記。

Article 13 A unit undertaking surveying and mapping missions shall, before performing any surveying and mapping, register in accordance with regulations such missions with the department of surveying and mapping administration of the people's government of the province, autonomous region or municipality directly under the Central Government where the surveying and mapping project is located, or with the department authorized by the State Council.

需要進行登記的測繪任務的范圍,由省、自治區、直轄市人民政府或者國務院授權的部門規定。

The scope of a surveying and mapping missions that need to be registered shall be defined by the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council.

列入全國基礎測繪規劃、專業測繪規劃的測繪任務,施測前由編制測繪規劃的部門將任務安排通知測繪項目所在地的省、自治區、直轄市人民政府管理測繪工作的部門或者國務院授權的部門,不再另行登記。

In the cases of a surveying and mapping mission included in the national basic surveying and mapping plans or in specialized surveying and mapping plans, the department that worked out the surveying and mapping plans shall, before performing any surveying and mapping, notify the department of surveying and mapping administration of the people's government of the province, autonomous region or municipality directly under the Central Government where the surveying and mapping project is located or the department authorized by the State Council, of the arrangements for the mission; no further registration for such a mission is required.

軍事測繪任務的登記,按照中央軍事委員會的規定執行。

Registration for military surveying and mapping missions shall be governed by the relevant regulations of the Central Military Commission.

第十四條 測繪人員進行測繪時,應當持有測繪工作證件。

Article 14 Surveying and mapping personnel shall, in conducting surveying and mapping work, hold surveying and mapping work certificates.

第四章 界線測繪CHAPTER IV BOUNDARY SURVEYING AND MAPPING

第十五條 中華人民共和國地圖的國界線標準樣圖,由外交部和國務院測繪行政主管部門制定,報國務院批準發布。

Article 15 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 competent department of surveying and mapping administration under the State Council and submitted to the State Council for approval and publication.

第十六條 省、自治區、直轄市和自治州、縣、自治縣、市的行政區域界線的測繪,按照國務院規定的辦法進行。

Article 16 Surveying and mapping of the administrative boundaries between provinces, autonomous regions, municipalities directly under the Central Government, and between autonomous prefectures, counties, autonomous counties and cities shall be conducted in accordance with the measures drawn up by the State Council.

第十七條 土地、建筑物、構筑物以及地面上其他附著物的權屬界址線測繪,按照縣級以上地方人民政府確定的權屬界線的界址點、界址線或者提供的有關登記資料和附圖進行。

Article 17 Surveying and mapping of the estate boundary location lines of lands, buildings, structures and other aboveground objects attached to the land shall be conducted 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 by relevant registration data and attached maps provided by such governments.

第五章 測繪成果管理CHAPTER V MANAGEMENT OF SURVEYING AND MAPPING RESULTS

第十八條 國務院其他有關部門和縣級以上地方人民政府有關部門完成的基礎測繪成果和專業測繪成果,必須按照規定分別向國務院測繪行政主管部門或者省、自治區、直轄市人民政府管理測繪工作的部門匯交測繪成果目錄;

Article 18 Basic surveying and mapping results and specialized surveying and mapping results completed by other relevant departments under the State Council or by the relevant departments of the local people's governments at or above the county level must, in accordance with regulations, be summarized and submitted in the form of catalogues respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government;

國務院其他有關部門和省、自治區、直轄市人民政府其他有關部門完成的天文測量、大地測量、衛星大地測量、重力測量的數據和圖件以及正式印制的地圖,必須按照規定分別向國務院測繪行政主管部門或者省、自治區、直轄市人民政府管理測繪工作的部門匯交副本。

data and graphs of astronomical surveys, geodetic surveys, satellite geodetic surveys and gravimetric surveys completed by other relevant departments under the State Council or other relevant departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, as well as maps officially printed by them, must, in accordance with regulations, be summarized and submitted, in the form of duplicate copies, respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.

國務院測繪行政主管部門和省、自治區、直轄市人民政府管理測繪工作的部門,應當定期編制測繪成果目錄,并向有關使用單位提供。

The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall regularly compile catalogues of the surveying and mapping results and supply them to relevant users.

第十九條 外國的組織、個人在中華人民共和國領域和管轄的其他海域測繪或者與中華人民共和國有關部門、單位合作測繪,須經中華人民共和國政府或者其授權的部門批準。

Article 19 Surveying and mapping to be conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China by a foreign organization or individual alone or in cooperation with the relevant department or unit of the People's Republic of China shall be subject to the approval by the Government of the People's Republic of China or by the department authorized by it.

外國的組織、個人經批準在中華人民共和國領域和管轄的其他海域測繪或者與中華人民共和國有關部門、單位合作測繪,必須遵守中華人民共和國的有關法律、行政法規的規定,并向國務院測繪行政主管部門提交全部測繪成果副本一式兩份。

A foreign organization or individual that with due approval conducts surveying and mapping in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China either alone or in cooperation with the relevant department or unit of the People's Republic of China, must comply with relevant laws and administrative rules and regulations of the People's Republic of China and must submit two duplicates copies of the complete surveying and mapping results to the competent department of surveying and mapping administration under the State Council.

第二十條 測繪成果需要保密的,其密級的確定、變更和解密以及使用,依照保守國家秘密法的規定執行。

Article 20 Where the surveying and mapping results need to be kept confidential, the determination or alteration of the category of secrecy, the declassification of the secrets as well as the use of such results shall be governed by the Law on Guarding State Secrets.

對外提供保密的測繪成果,依照國務院、中央軍事委員會規定的審批程序執行。

In the event that classified surveying and mapping results are to be supplied 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.

第二十一條 測繪成果實行有償使用,具體辦法由國務院規定。

Article 21 Charges shall be paid for the use of surveying and mapping results; specific measures therefore shall be drawn up by the State Council.

測繪成果屬于知識產權的,適用有關法律的規定。

The surveying and mapping results that come under the category of intellectual property shall be governed by provisions of relevant laws.

第二十二條 中華人民共和國領域和管轄的其他海域的位置、高程、深度、面積、長度等重要地理信息數據,由國務院測繪行政主管部門審核,并同國務院其他有關部門、軍隊測繪主管部門會商后,報國務院批準,由國務院或者其授權的部門發布。

Article 22 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 competent department of surveying and mapping administration under the State Council then, after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, be submitted to the State Council for approval, and then published by the State Council or by the department authorized by it.

第二十三條 國務院測繪行政主管部門和省、自治區、直轄市人民政府管理測繪工作的部門對基礎測繪成果實施質量監督。

Article 23 The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall exercise supervision over the quality of basic surveying and mapping results.

測繪單位應當建立、健全測繪成果的質量管理制度。

A surveying and mapping unit shall establish and improve the system of quality control over its surveying and mapping results.

第六章 測量標志保護CHAPTER VI PROTECTION OF SURVEYING MARKERS

第二十四條 各單位和個人都有保護地上和地下的永久性測量標志以及在使用中的臨時性測量標志的義務,不得損毀或者擅自移動,不得侵占永久性測量標志用地。

Article 24 Every unit and individual shall have the duty to protect permanent above-ground and underground surveying markers as well as temporary surveying markers still in use; any unit or individual may not damage, destroy, or without authorization remove surveying markers, nor seize or occupy the land used for permanent surveying markers.

在永久性測量標志安全控制范圍內,不得采礦、取土、挖沙、采石、爆破、射擊以及進行其他危害測量標志安全和使用效能的活動。

Within the security control area of a permanent surveying marker, no mining, earth-gathering, sand-excavating, quarrying, demolition, shooting and other activities which endanger the safety and effective utilization of the surveying markers shall be allowed.

第一款所稱永久性測量標志,是指各等級的三角點、基線點、導線點、軍用控制點、重力點、天文點、水準點的木質覘標、鋼質覘標和標石標志,以及用于地形測圖、工程測量和形變測量的固定標志和海底大地點設施等。

Permanent surveying markers as referred to in paragraph 1 of this Article include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points and leveling points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at seabed geodetic points.

第二十五條 建設永久性測量標志的單位應當對永久性測量標志設立明顯標記。

Article 25 A unit that establishes permanent surveying markers shall set up distinct signs for such markers.

建設永久性測量標志的單位應當委托當地有關單位指派專人負責保管該測量標志。

A unit that establishes permanent surveying markers shall entrust an appropriate local unit with the designation of personnel for taking care of such surveying markers.

第二十六條 進行工程建設,應當避開永久性測量標志;確實無法避開,需要拆遷永久性測量標志或者使該測量標志失去效能的,建設單位應當取得設置永久性測量標志單位的同意,經國務院測繪行政主管部門或者省、自治區、直轄市人民政府管理測繪工作的部門批準。建設單位應當支付遷建費用。

Article 26 A construction unit shall, in carrying out engineering construction, seek to get around permanent surveying markers; if it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the construction unit shall acquire consent from the unit that has established the permanent surveying markers, and, obtain approval from the competent department of surveying and mapping administration under the State Council or from the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The construction unit shall bear the expenses for the removal and reestablishment of such markers.

第二十七條 測繪人員使用永久性測量標志,必須持有測繪工作證件,并保證該測量標志的完好。負責保管該測量標志的單位和人員,應當查驗使用后的測量標志的完好狀況。

Article 27 Surveying and mapping personnel, when employing permanent surveying markers, must hold surveying and mapping work certificates and ensure that the surveying and mapping markers remain in good condition. The unit or individual responsible for taking care of the surveying and mapping markers shall inspect and examine if they are intact after employment.

第二十八條 違反本法規定,未經測繪資格審查違法經營測繪業務的,由省、自治區、直轄市人民政府管理測繪工作的部門或者其授權的部門責令停止測繪業務,沒收違法所得,可以并處違法所得百分之五十至百分之一百的罰款。

Article 28 Those who, in violation of the provisions of this Law, have illegally engaged in surveying and mapping for commercial purposes without having their qualification of surveying and mapping verified shall be ordered to suspend their surveying and mapping activities, have their illegal incomes confiscated, and may additionally be imposed a fine thereon ranging from 50% to 100% of their illegal gains, by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

第二十九條 違反本法規定,施測前未按照規定進行測繪任務登記的,由省、自治區、直轄市人民政府管理測繪工作的部門或者國務院授權的部門責令停止測繪。

Article 29 Units that, in violation of the provisions of this Law, fail to have their surveying and mapping missions registered according to regulations prior to performing any surveying and mapping shall be ordered to suspend their surveying and mapping by the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council.

第三十條 測繪成果質量不合格給用戶造成損失的,測繪單位應當承擔賠償責任。

Article 30 A surveying and mapping unit shall be liable for compensation for any losses caused to a user or users by its substandard surveying and mapping results.

多次測繪成果質量不合格給用戶造成損失的,由省、自治區、直轄市人民政府管理測繪工作的部門或者其授權的部門取消其測繪資格。

A surveying and mapping unit whose substandard surveying and mapping results have many times caused losses to a user or users shall have its qualification of surveying and mapping divested by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

第三十一條 當事人對行政處罰決定不服的,可以在接到處罰通知之日起十五日內,向作出處罰決定的機關的上一級機關申請復議;對復議決定不服的,可以在接到復議決定之日起十五日內,向人民法院起訴。

Article 31 A party refusing to accept a decision on administrative sanctions may, within 15 days from receiving the notification of such a decision, apply for reconsideration to the authorities next higher to the authorities that have made the sanction decision; if the party refuses to accept the reconsideration decision, it may, within 15 days from receiving the reconsideration decision, bring a suit before a people's court.

當事人也可以在接到處罰通知之日起十五日內直接向人民法院起訴。當事人逾期不申請復議,也不向人民法院起訴,又不履行處罰決定的,作出處罰決定的機關可以申請人民法院強制執行。

A party may also bring a suit directly before a people's court within 15 days from receiving the notification of the sanctions. If, upon the expiration of the time limit, the party has not applied for reconsideration, nor brought a suit before a people's court, nor complied with the sanction decision, the authorities that have made the sanction decision may apply to the people's court for compulsory execution.

第三十二條 阻撓測繪人員依法進行測繪的,損毀、擅自移動永久性測量標志或者進行其他危害永久性測量標志安全和使用效能活動的,依照治安管理處罰條例的規定予以處罰。

Article 32 Those who obstruct surveying and mapping personnel from carrying out surveying and mapping according to law, who damage, destroy, or remove without authorization permanent surveying markers, or who engage in other activities that endanger the safety and effective utilization of permanent surveying markers, shall be punished in accordance with the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.

故意破壞永久性測量標志的,依照刑法第一百七十五條的規定,追究刑事責任。

Those who intentionally sabotage permanent surveying markers shall be investigated for criminal responsibilities in accordance with the provisions of Article 175 of the Criminal Law of the People's Republic of China.

第八章 附 則CHAPTER VIII SUPPLEMENTARY PROVISIONS

第三十三條 軍事測繪管理辦法由中央軍事委員會根據本法制定。

Article 33 Measures for the management of military surveying and mapping shall be drawn up by the Central Military Commission in accordance with this Law.

第三十四條 本法自1993年7月1日起施行。

Article 34 This Law shall go into effect as of July 1, 1993.

中英對照法規  英文法規    中華人民共和國測繪法 雙語

希尼爾翻譯公司  2014-10-24