Decree of the People’s Government of Jiangsu Province
No. 67
Provisions of Jiangsu Province on Administration of Surveying and Mapping Market, discussed and adopted at the 55th Executive Meeting of the People’s Government of Jiangsu Province on November 8, 2010, are hereby promulgated and shall enter into effect as of January 1, 2011.
Governor Luo Zhijun
November 10, 2010
Provisions of Jiangsu Province on Administration of Surveying and Mapping Market
Chapter 1 General Provisions
Article 1These Provisions are enacted in accordance with Law of Surveying and Mapping of the People"s Republic of China, the Regulations of Jiangsu Province on Surveying and Mapping Market and other relevant laws and regulations, in light of the specific situation of this Province, and for the purposes of strengthening the unified supervision of the surveying and mapping market, standardizing the market order of surveying and mapping, maintaining the legitimate rights and interests of market subject on the surveying and mapping market, developing industry of geographic information, and promoting the scientific development of surveying and mapping.
Article 2 The Provisions shall apply to the market activity of surveying and mapping and supervision and administration (including application and development of geographic information and mapping supervision) conducted within the administrative region of this Province.
The market activity of surveying and mapping as used in these Provisions refers to such operating acts as commission and contract of surveying and mapping project and the provision of related services.
The application and development of geographic information as used in these Provisions refers to the processing of a variety of geographic information and its data through the use of such technologies as computer, network and space positioning in the surveying and mapping activities in order to publicize to the public or provide relevant services.
Article 3 To engage in market activity of surveying and mapping, one shall comply with the principle of honesty and faith, mutual benefit on the equal footing, fair competition and voluntary negotiation, and the Pision, blocking and monopoly of the surveying and mapping market shall be prohibited.
Article 4 The surveying and mapping departments of the local people"s governments at and above the county level (hereinafter referred to as the administrative department of surveying and mapping) are responsible for the unified supervision and management of the surveying and mapping market within their administrative regions.
The local people"s governments at and above the county level and other related departments are responsible for the work of the surveying and mapping market in accordance with the Pision of responsibilities.
Article 5Any unit or inPidual shall be entitled to lodge a complaint about or report the illegal acts in the surveying and mapping market to the administrative department of surveying and mapping.
The administrative department of surveying and mapping shall conduct a timely investigation, verification and handling of the complaint or report on the surveying and mapping market in conjunction with relevant government departments.
Chapter 2 Market Subject
Article 6Units engaging in surveying and mapping activities (hereinafter referred to as the surveying and mapping unit) shall attain the relevant qualification or certificates of surveying and mapping, and engage in surveying and mapping activities within the permitted scope of qualification level of surveying and mapping.
Article 7 The professional and technical personnel engaging in surveying and mapping activities shall be provided with the appropriate conditions of practice qualification. Those who do not obtain certificate of practice qualification shall be verified by vocational skills of surveying and mapping.
The lending, transferring, selling of materials of surveying and mapping and practice qualification of professional technicians is prohibited.
Article 8The surveying and mapping units shall handle such formalities as business and tax registration according to law if the branches are set up beyond the locality of the registration office, and report it to the local administrative department of surveying and mapping for record by presenting business license of branches and qualification certificate of surveying and mapping units.
The branch shall engage in surveying and mapping activities within the permitted scope of qualification of surveying and mapping level and be provided with professional technicians and with surveying and mapping equipment or devices qualified for the surveying and mapping project.
Article 9 Surveying and mapping units contracting surveying and mapping project within this Province shall be recorded in the local administrative department of surveying and mapping in accordance with these Provisions. In case survey marks are used, the surveying and mapping may not be implemented until infrastructure costs of surveying and mapping have been paid.
Article 10 Foreign organization or inPidual engaging in surveying and mapping activities within this Province shall comply with the Law of Surveying and Mapping of the People"s Republic of China and other laws and regulations.
Chapter 3 Contracting of Projects
Article 11 The tendering system of surveying and mapping projects shall be conducted according to law. The following surveying and mapping projects shall be awarded contract through open tendering or selective tendering procedures:
1. The basic surveying and mapping projects with investment over RMB 500,000 yuan;
2 Other surveying and mapping projects with State funds used over RMB 500,000 yuan;
3 The surveying and mapping projects with investment used for the surveying and mapping arising from State funds over RMB 500,000 yuan; and
4 other surveying and mapping projects which shall be awarded through tendering procedures as required by laws and regulations.
The following surveying and mapping projects can be awarded without going through tendering procedures if they have been approved by the local administrative department of surveying and mapping:
1. the surveying and mapping projects that involve national security and secret, as recognized by the national security department or department for the protection of national secrets;
2. The surveying and mapping projects of emergency rescue and disaster relief;
3. The surveying and mapping projects urgently needed in response to emergencies; and
4. other surveying and mapping projects that are unfit for tendering procedures as provided in laws and regulations.
The units issuing a contract may not bypass a tender process by breaking up the surveying and mapping project subject to tender according to law into parts or in any other manner.
Article 12 The tenderees shall set the minimum level of qualification of surveying and mapping for contracting units in accordance with the level conditions of surveying and mapping qualification equivalent to the size and technology of the surveying and mapping project.
Article 13As for surveying and mapping project subject to tender process according to law, the tenderees shall report time, place, manners and documents of bidding of surveying and mapping project to the local administrative department of surveying and mapping for record within five working days after the bidding documents are issued.
Article14 The evaluation committee established by the tenderees according to law is responsible for the evaluation of bidding projects. The evaluation committee is composed of five persons or more (odd number), among whom the number of experts on surveying and mapping shall account for not less than fifty percent. The experts on surveying and mapping of the evaluation committee shall be chosen at random and confirmed from the expert database of evaluation set up by the provincial administrative department of surveying and mapping.
The experts on surveying and mapping shall meet the following conditions:
1. Those who have been engaged in surveying and mapping for at least eight years, and with senior professional title or the equivalent professional capacity;
2 Those who are familiar with the laws and regulations of bidding; and
3. Those who can abide by professional ethics and perform their duties in a serious, fair, honest, and clean way.
Article 15 Generally the comprehensive way of evaluation is used in the bidding of surveying and mapping projects. The contracting units which satisfy the comprehensive evaluation criteria specified in the bidding documents to the greatest extent shall be recommended as the candidate unit of winning bidder.
The indicators of comprehensive evaluation shall include the following main contents:
1 The level qualification conditions of surveying and mapping of contracting units;
2 The project performance of surveying and mapping completed by the tenderers;
3. The scheme for technical design of surveying and mapping projects;
4. The guaranteeing measures of quality for surveying and mapping project;
5. The market credibility of the contracting units;
6. The quoted price of surveying and mapping project of the contracting units;
7. The service commitment of the contracting units; and
8. Other indicators that shall be included in the assessment according to law.
Article 16 The units issuing a contract of surveying and mapping projects may not compel surveying and mapping units to contract at price below the production cost. In case the winning price of bidding of surveying and mapping projects is lower than the production cost of surveying and mapping, the winning bidding shall be void and invalid, and the newly winning bidder shall be re-determined from other bidders or the bidding shall be conducted once again.
Article 17 The contracting of surveying and mapping projects shall refer to the Ration of Production Costs of Surveying and Mapping issued by the financial department of the State Council and the administrative department of surveying and mapping as the pricing basis. In case surveying and mapping projects differ from one region to another, the price can fluctuate within the scope of fifteen percent in terms of the cost ration standard of surveying and mapping.
As for surveying and mapping projects using survey marks, the units issue a contract shall include infrastructure costs of surveying and mapping in the production cost.
Article 18 The units issue a contract and contractors of surveying and mapping projects shall sign contracts using the model text of contracts for surveying and mapping according to law so as to specify the rights and obligations of both parties. The model text of contracts for surveying and mapping shall be established in a uniform way by the administrative departments of surveying and mapping of the State or the Province.
The contractor and units issuing a contract of surveying and mapping projects shall indicate the sources of surveying and mapping results while signing contracts so that national security, public interests or legitimate interests of others may not be infringed upon.
Article 19The contractors of surveying and mapping projects can subcontract the non-subject, non-critical projects to other surveying and mapping units according to the bidding document, but the subcontract amount may not exceed forty per cent of the total contracting amount of surveying and mapping project, and the subcontract price may not be below the production cost of subcontracted surveying and mapping.
The surveying and mapping units which receive subcontracts shall be provided with appropriate qualifications of surveying and mapping, and may not subcontract further.
Article 20 The supervision system shall be imposed on surveying and mapping projects subject to tendering process according to law.
The units issuing a contract of surveying and mapping projects shall entrust surveying and mapping units with appropriate professional qualification level of supervision on surveying and mapping to conduct supervision.
The surveying and mapping unit with professional qualification level of supervision on surveying and mapping may not supervise the surveying and mapping project contracted by its own unit.
Article 21 The supervision unit of surveying and mapping and supervision engineer of surveying and mapping may not do damage to national security, public interests or legitimate interests of others through colluding with surveying and mapping units or other units and inPiduals, or indulging in fraudulent activities.
The surveying and mapping units shall be responsible for the quality of completed results of surveying and mapping projects, and the supervision units of surveying and mapping shall be responsible for the quality of supervised results of surveying and mapping projects.
Chapter 4 The Application and Development Geographic Information
Article 22 The administrative department of surveying and mapping is responsible for the enactment of development policy of geographic information industry, the establishment of sharing mechanism of geographic information data, the building of public service platform of geographic information in order to guide and encourage the development and utilization of geographic information.
Article 23The units applying and developing geographic information shall comply with the provisions of laws and regulations of the protection of the classified information and take necessary security measures to protect classified geographic information while gaining, keeping, processing, delivering and destroying the classified information and classified information products.
No unit or inPidual may illegally obtain or provide the classified geographic information. In case it is necessary to provide foreign organizations or inPiduals or foreign-funded enterprises at home with information, it shall be reported to the administrative department of surveying and mapping of State Council or the provincial administrative department of surveying and mapping in conjunction with the military authorities on surveying and mapping for approval so as to conduct technical processing and remove information which may reveal State’s secrets in accordance with relevant provisions.
Article 24 The administrative department of surveying and mapping shall strengthen the unified supervision of map market. The relevant units shall report and submit the map to the administrative department of surveying and mapping for approval in accordance with the provisions in order to obtain the censored code of drawings according to law while preparing, printing, publishing, displaying, publishing and delivering the map.
No unit or inPidual may sell maps and other map products which are not reviewed by the administrative department of surveying and mapping.
Article 25 In case internet websites publish maps online or provide service of downloading maps online, it shall obtain permits of internet publishing issued by the provincial press and publication administrative department, and report maps and mapping base to the administrative department of surveying and mapping at provincial level for record before publishing.
No unit or inPidual may post or transmit geographic information endangering national sovereignty, security and interests on the internet.
Chapter 5 Market Credibility
Article 26The administrative department of surveying and mapping shall strengthen the supervision of the surveying and mapping market credibility, establish credibility platform of the surveying and mapping market, and issue information on qualification, performance, quality of surveying and mapping results, and market credibility of surveying and mapping units according to law.
Article 27The administrative department of surveying and mapping at the provincial level may authorize the relevant institution to take responsibility for the collection of credibility information from units and inPiduals engaging in surveying and mapping and to provide inquiry services of credibility information within this Province.
The administrative department of surveying and mapping of a municipality Pided into district or county (city) shall promptly report and submit credibility information on market activities of surveying and mapping supervised within its administrative region to the administrative departments of surveying and mapping at the provincial level.
Article 28 The administrative department of surveying and mapping at the provincial level is responsible for the establishment of a scientific, objective and impartial credibility evaluation system of surveying and mapping, for the guidance of the relevant institutions to carry out the assessment of credibility rating of surveying and mapping units and for the issuing of credibility report of surveying and mapping units in accordance with the relevant provisions by the State and this Province.
Article 29 The Surveying and Mapping Industry Association of this Province shall assist the administrative department of surveying and mapping in conducting well credibility supervision of the surveying and mapping market, improving the coordination mechanism of supervision within this industry, and strengthening industry self-discipline so that the market credibility awareness of surveying and mapping units and their employees will be improved.
Article 30 The surveying and mapping units shall conduct business in an honest and faithful way, carry out surveying and mapping according to law, actively participate in the building of the credibility market of surveying and mapping, promptly submit credibility information on surveying and mapping, and report the illegal acts of surveying and mapping.
The surveying and mapping units shall take the initiative to produce the effective credibility report if they contract surveying and mapping projects.
Chapter 6 Market Supervision
Article 31 The administrative department of surveying and mapping shall, in conjunction with relevant administrative departments, supervise and manage the bidding of surveying and mapping projects within this region through examination, inspection, site supervision.
The administrative department of surveying and mapping at the provincial level shall conduct the monitoring of technical requirements of surveying and mapping project, surveying and mapping qualifications and credibility market of tenderers, qualifications of surveying and mapping experts, methods of bid evaluation and bid price.
Article 32 A surveying and mapping unit contracting for a surveying and mapping project, whose contract amount is more than RMB 50,000 yuan or whose investment on surveying and mapping is more than RMB 50,000 yuan,shall report qualification certificate of the surveying and mapping unit, design document of project technology, the copy of the contract text to the administrative department of surveying and mapping for record within 15 working days after the contract is signed. In case the surveying and mapping project crossing administrative regions is contracted, it shall be recorded in the common administrative department of surveying and mapping at the next higher level.
Article 33 When the administrative department of surveying and mapping implements the recording of surveying and mapping projects, the following contents shall be censored:
1. The qualifications of the surveying and mapping units;
2. The situation of results of existing surveying and mapping projects;
3. The contract price of surveying and mapping projects; and
4. The reference system and technical standards used in surveying and mapping projects.
The administrative department of surveying and mapping shall require the relevant departments and units to correct if the surveying and mapping project violates laws and regulations.
Article 34 For the surveying and mapping projects using financial resources and surveying and mapping projects of a construction project using financial resources, the related departments which are responsible for the approval of the projects shall solicit advice from the administrative department of surveying and mapping at the same level before the projects are approved.
In case the administrative department of surveying and mapping propose that the suitable results of surveying and mapping be available, and the repeated surveying and mapping be not necessary, the related departments may not approve the projects, and finance departments may not arrange budget expenditure.
Article 35 The administrative department of surveying and mapping shall establish a joint conference system in conjunction with the departments of national security, protection of national secrets, press and publication, industry and commerce, communications, customs and other departments, and conduct the inspection of maps and geographic information market in accordance with their respective functions, and inform the monitoring situation with each other.
Article 36 The administrative department of surveying and mapping shall establish a dynamic inspection system of the surveying and mapping market. The tracking management shall be implemented with respect to surveying and mapping projects concerning people"s livelihood and the major projects of surveying and mapping projects, and the supervision information on the surveying and mapping market shall be published on a regular basis.
The units and inPiduals participating in the surveying and mapping market may not refuse the supervision organized by the administrative department of surveying and mapping according to law.
Article 37 The administrative departments of surveying and mapping shall establish an managing system of supervision and law enforcement, publicize the channel of misconduct report or complaint reception, and investigate and punish cases of illegal surveying and mapping to maintain order of the surveying and mapping market.
The administrative department of surveying and mapping may exercise the following powers while inspecting the surveying and mapping market.
1. To inquire the parties or related personnel, and require them to provide information related to suspected violations;
2. To inquire, check and copy books, invoices, vouchers, documents and other information related to suspected violations; and
3. To inspect property related to suspected violations. In case the evidence may be lost or difficult to obtain later, register and storage can be conducted in advance according to law, the parties or persons concerned may not refuse, remove, conceal or destroy.
Article 38The administrative department of surveying and mapping is responsible for the statistical management of surveying and mapping within their respective administrative regions and the publishing of statistical information on surveying and mapping in accordance with the prescribed procedures.
The surveying and mapping unit shall provide the information required for investigation and statistics in a true, accurate, complete and timely way in accordance with the Statistics Law of The People’s Republic of China and relevant provisions by the State, and shall not provide false or incomplete statistics information, and may not refuse to report statistic information or delay the reporting of statistic information.
Chapter 7 Legal Liability
Article 39 Where any unit, in violation of Article 11 of these Provisions, does not go through the tendering process or bypasses the tendering process for the surveying and mapping projects subject to tendering, the administrative department of surveying and mapping shall order it to rectify, and may fine not less than five thousandths but not more than ten thousandths of the contract amount of project; for the surveying and mapping projects using all or part of the financial resources, the relevant departments may suspend the allocation of financial resources, and the supervisor in charge and other personnel taking direct responsibility at the unit issuing a contract of surveying and mapping projects shall be punished according to law.
Article 40 Where any surveying and mapping unit, in violation of the first paragraph of Article 17 of these Provisions, contracts a surveying and mapping project at the price below eighty-five percent of ration standard of production costs of surveying and mapping, the administrative department of surveying and mapping shall order it to rectify; where refusing to correct, it shall be fined not more than double the agreed remuneration.
Article 41Where the surveying and mapping unit, in violation of the Article 32 of these Provisions, fails to be recorded in accordance with the provisions for the surveying and mapping projects, the administrative department of surveying and mapping shall order it to rectify; where refusing to correct, it shall be suspended for registration when the annual registration of surveying and mapping qualifications is conducted.
Article 42 Where the surveying and mapping unit commits one of the following acts, the administrative department of surveying and mapping shall report it in a circular and record it in the credibility file of the unit; where the case is serious, it shall be prohibited from attending the tendering activities of surveying and mapping projects within this Province for two years.
1. To provide false information in tendering of a surveying and mapping project;
2. To refuse to sign formal contract without proper reasons after winning the bidding of a surveying and mapping project;
3. To fail to perform contractual obligations of a surveying and mapping project in an unilateral way; or
4. To be punished by the administrative departments for failure to perform their legal obligations.
Article 43Where anyone or unit acts in violation of the second paragraph ofArticle 38 of these Provisions, the statistical institutions of the local people"s governments at and above the county level shall investigate and punish according to law, and the administrative department of surveying and mapping shall handle it in accordance with Article 42 of these Provisions.
Article 44 Where the staff member of the administrative department of surveying and mapping, in violation of these Provision, fails to perform responsibilities for the supervision and management of the surveying and mapping market, he/she shall be criticized in a circular by his/her unit or the authority at a higher level; the supervisor in charge and other personnel taking direct responsibility shall be given administrative sanctions according to law.
Chapter 8Supplementary Provisions
Article 45 These Provisions shall enter into effect as of January 1, 2011. Provisions of Jiangsu Province on Surveying and Mapping Management shall be repealed at the same time.
