Administrative Regulations on Maps

 2018-03-30  1003


Administrative Regulations on Maps

Order of the State Council of the People's Republic of China No.664

November 26, 2015

The Administrative Regulations on Maps, adopted on November 11, 2015 at the 111th executive meeting of the State Council, are hereby promulgated for implementation as of January 1, 2016.

Li Keqiang, Premier

Administrative Regulations on Maps

Chapter I General Provisions


Article 1 The Administrative Regulations on Maps (hereinafter referred to as the "Regulations") are formulated in accordance with the Surveying and Mapping Law of the People's Republic of China, in order to strengthen map management, safeguard sovereignty, security and interests of the State, promote the sound development of geographic information industry, and provide services for economic development, social development and people's living.

Article 2 The Regulations apply to any compilation, review and publishing of maps open to the public, Internet map services, and relevant supervision and inspection activities within the territory of the People's Republic of China.

Article 3 Work involving maps shall follow the principles of safeguarding national sovereignty, ensuring the security of geographic information, and facilitating the life of the masses.
The map compilation, review and publishing and Internet map services shall follow the laws and regulations related to confidentiality.

Article 4 The administrative department for surveying and mapping geographic information under the State Council is in charge of the uniform supervision and administration over national work on maps. Other departments under the State Council are responsible for relevant work on maps according to the division of duties specified by the State Council.
The administrative departments responsible for administrating the surveying and mapping of geographic information (hereinafter referred to as the "competent administrative departments for surveying and mapping geographic information") of local people's governments at or above the county level are responsible for the uniform supervision and administration over the work on maps within their respective administrative regions. Other relevant departments of local people's governments at or above the county level are responsible for related work on maps according to the division of duties specified by the local governments at the same level.

Article 5 Governments at all levels, relevant departments thereof, and news media entities shall strengthen the publicity and education on national territory, and enhance citizens' awareness of national territory.
The education on the sense of national territory shall be included in the syllabus of primary and secondary schools.
Citizens, legal persons and other organizations shall use the maps which properly show national territory.

Article 6 The State encourages the compilation and publishing of various types of map products which are in compliance with standards and provisions, and supports the science and technology innovation as well as the industrial development of geographic information, accelerates the restructuring, optimization and upgrading of the geographic information industry, and promote the in-depth application of geographic information.
The people's governments at or above the county level shall establish and improve the mechanism for joint-development and sharing of geographic information resources among governmental departments.
The competent administrative departments for surveying and mapping geographic information of people's governments at or above the county level shall take effective measures, to timely obtain, dispose of, and update the basic geographic information and data, and provide public services related to geographic information for the public through public service platforms for geographic information so as to achieve the opening and sharing of geographic information and data.

Chapter II Map Compilation


Article 7 To engage in map compilation, entities shall obtain an appropriate qualification certificate for surveying and mapping in accordance with the law, and shall carry out map compilation within the scope permitted by the qualification grade.

Article 8 Entities compiling maps shall implement the relevant national standards on map compilation, and abide by the relevant national provisions on map content presentation.
Maps shall not indicate the following content:
1. jeopardising the unity, sovereignty and territorial integrity of the State;
2. jeopardising the national security, or impairing the national honor and interests;
3. any State secrets;
4. affecting the ethnic unity, or infringing the customs of ethnic groups; and
5. other content that shall not be indicated on maps according to laws and regulations.

Article 9 In the compilation of maps, the latest map information shall be selected; timely supplementation and updating shall be made; the geographic locations, shapes, names of all elements and relationship with each other shall be properly reflected; and the content of the maps shall match the purpose of such maps.
The territory of the People's Republic of China shall be fully represented in the compilation of world maps and national maps which involve the territory of the People's Republic of China.

Article 10 The following provisions shall be followed in the compilation of maps which involve the boundaries of the People's Republic of China, Chinese historical boundaries, boundaries between countries, and historical boundaries between countries:
1. the boundaries of the People's Republic of China shall be drawn based on standard sample pictures for drawing Chinese boundaries;
2. Chinese historical boundaries shall be drawn according to the relevant historical data, and based on actual historical boundaries;
3. the boundaries between countries shall be drawn based on reference sample pictures for drawing boundaries between countries; and
4. the historical boundaries between countries shall be drawn according to the relevant historical data, and based on actual historical boundaries.
The standard sample pictures for drawing Chinese boundaries and the reference sample pictures for drawing boundaries between countries are prepared by the Ministry of Foreign Affairs jointly with the department for surveying and mapping geographic information under the State Council, and shall be issued upon the approval of the State Council.

Article 11 The standard pictures for drawing administrative boundaries, administrative maps for special administrative regions issued upon the approval by the State Council, and other related national provisions shall be abided by in the compilation of maps involving boundaries or scope of Chinese administrative regions at or above the county level.
The standard pictures for drawing administrative boundaries are prepared by the Ministry of Civil Affairs jointly with the department for surveying and mapping geographic information under the State Council, and shall be issued upon the approval of the State Council.

Article 12 The important geographic information and data released in accordance with the law shall be used for the purpose of indicating important geographic information and data on maps.

Article 13 The surveying and mapping results which have been processed with confidentiality technologies by the competent administrative department for surveying and mapping geographic information under the State Council or competent administrative departments for surveying and mapping geographic information of local governments of the provinces, autonomous regions and municipalities directly under the Central Government shall be used in accordance with the law in the compilation of maps using surveying and mapping results involving State secrets.

Article 14 The competent administrative departments for surveying and mapping geographic information of people's governments at or above the county level shall disclose not-for-profit maps to the public free of charge.
The competent administrative departments for surveying and mapping geographic information of people's governments at or above the county level shall timely organize the collection of any changes in the administrative regions, names of places, transportation, river system, vegetation, public facilities and residential areas which are related to maps, for the use for regularly updating not-for-profit maps. Relevant departments and entities shall provide relevant updates in a timely manner.

Chapter III Review of Maps


Article 15 The State implements a map review system.
Maps open to the public shall be submitted to competent administrative departments for surveying and mapping geographic information which have the review authority for review, except for maps for resorts, street maps, subway maps and other simple maps.
Map review is free of charge.

Article 16 Publishers shall submit maps to be published for review; exhibitors or publishers who display or publish maps that are not publications shall submit the maps for review; importers who import maps or products containing shape of maps which are not publications shall submit the maps for review; importers who import maps which are publications shall follow the relevant provisions of the Administrative Regulations on Publication; exporters who export maps or products containing shape of maps which are not publications shall submit the maps for review; manufacturers who manufacture products which contain shape of maps shall submit the maps for review.
The following materials shall be submitted for review:
1. an application for review of maps;
2. sample pictures or other samples of the maps to be reviewed; and
3. a qualification certificate for surveying and mapping of the entities which compile maps.
Importers who import maps or products containing shape of maps which are not publications are required to submit the materials in Items 1 and 2 of the preceding paragraph only. Where maps are complied by using surveying and mapping results involving State secrets, proof of processing with confidentiality technologies shall also be submitted.

Article 17 The competent administrative department for surveying and mapping geographic information under the State Council is responsible for reviewing the following maps:
1. map of China, and maps which mainly show two or more provinces, autonomous regions or municipalities directly under the Central Government;
2. maps for the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Region;
3. world map and maps which mainly indicate foreign lands; and
4. historical maps.

Article 18 The competent administrative departments for surveying and mapping geographic information of local governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for reviewing maps which mainly show their respective administrative regions. Specifically, maps which mainly show areas within cities with districts and which do not involve Chinese boundaries shall be reviewed by the competent administrative departments for surveying and mapping geographic information of the local governments of the cities with districts.

Article 19 The competent administrative departments for surveying and mapping geographic information which have the review authority shall make a review decision within 20 working days as of the date of acceptance of an application for review of maps.
For maps in propaganda newsletters and the books and newspapers or periodicals requiring strict timeliness which contain maps, a review decision shall be made within seven working days as of the date of acceptance of an application for review of the maps.
Maps needed for emergency and other special purposes shall be reviewed immediately upon submission.

Article 20 Maps involving professional content shall be reviewed according to the basis developed by the competent administrative department for surveying and mapping geographic information under the State Council in concert with relevant departments. If there is no clear basis for review, the competent administrative departments for surveying and mapping geographic information with the review authority shall consult relevant departments, which shall issue an opinion within 20 working days upon receipt of consultation materials. The time for opinions is not included in the time limit for map review.
World map, historical maps, and maps for propaganda newsletters without clear review basis shall be reviewed by the competent administrative department for surveying and mapping geographic information under the State Council in consultation with the Ministry of Foreign Affairs.

Article 21 The competent administrative departments for surveying and mapping geographic information with review authority shall issue approval documents for review of maps submitted which satisfy the following provisions, with a map review number indicated.
1. the maps comply with relevant national standards for map compilation and fully present the territory of the People's Republic of China;
2. national boundaries, borders, historical boundaries, administrative boundaries or scope, important geographic information and data, and names of places meet the State provisions regarding the presentation of the content of maps; and
3. the maps do not contain content which is not allowed to be presented on maps.
The approval documents for review of maps and the map review number shall be timely announced on the websites of the competent administrative departments for surveying and mapping geographic information with the review authority, or through other news media.

Article 22 For maps which have been approved upon review, the map review number shall be noticeably marked at a proper location of such maps or products which contain shape of maps. Specifically, the map review number of maps which are publications shall be marked on the copyright page.

Article 23 The administrative department of education under the State Council shall, in concert with the competent administrative department for surveying and mapping geographic information under the State Council and the Ministry of Foreign Affairs, organize the review of the maps used for teaching in national primary and secondary schools; the administrative departments of education of the governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in concert with the competent administrative departments for surveying and mapping geographic information of the governments of provinces, autonomous regions and municipalities directly under the Central Government, organize the review of the maps used for teaching in local primary and secondary schools.

Article 24 No entity or individual may publish, display, cover, sell, import, or export maps incompliant with relevant standards or provisions of the State, or carry, post or deliver such maps into or out of the territory of China.
Importers and exporters of maps shall submit approval documents for review of maps and the map review number to the customs.

Article 25 The applicants for review of maps shall submit samples of maps that have been approved upon review free of charge to the competent administrative departments for surveying and mapping geographic information with the review authority in accordance with relevant provisions.

Chapter IV Map Publishing


Article 26 The competent administrative departments of publishing of the people's governments at or above the county level shall strengthen the supervision and administration over map publishing activities, and shall investigate and penalize illegal map publishing activities in accordance with the law.

Article 27 Publishers engaging in map publishing activities shall have the business scope for map publishing reviewed and approved by the competent administrative department of publishing under the State Council, and shall conduct relevant review and approval formalities in accordance with the Administrative Regulations on Publication.

Article 28 Publishers may, as needed, insert maps approved upon review in their publications.

Article 29 No publishers may publish unapproved maps for teaching in primary or secondary schools.

Article 30 Publishers which intend to publish maps shall submit samples to the National Library of China, the China Archives of Publications and the competent administrative department of publishing under the State Council free of charge, in accordance with related national provisions.

Article 31 The protection of map copyrights shall follow related copyright laws and regulations.

Chapter V Internet Map Services


Article 32 The State encourages and supports the entities engaging in Internet map services to carry out development and value-added services on geographic information.
The people's governments at or above the county level shall strengthen the policy support for and supervision and administration over Internet map services.

Article 33 To provide services such as geographic position, geographic information uploading or marking and map database development for the public, entities engaging in Internet map services shall obtain an appropriate qualification certificate for surveying and mapping in accordance with the law.
To engage in Internet map publishing activities, entities engaging in Internet map services shall obtain the lawful approval upon review by the competent administrative department of publishing under the State Council.

Article 34 Entities engaging in Internet map services shall set their servers which store map data within the territory of the People's Republic of China, and shall establish the management system as well as protection measures for the data security of Internet maps.
The competent administrative departments for surveying and mapping geographic information of people's governments at or above the county level shall, in concert with related departments, strengthen the supervision and administration over the data security of Internet maps.

Article 35 To collect and use personal information of users, entities engaging in Internet map services shall express the purpose, way and scope of such collection and use of information, and shall obtain consent from the users.
If entities engaging in Internet map services need to collect and use personal information of users, they shall publicize the rules for such collection and use, and shall not disclose, alter, sell or illegally provide others with the personal information of such users.
Entities engaging in Internet map services shall take technical measures and other necessary measures to prevent the leakage and loss of users' personal information.

Article 36 The map database and other databases which entities engaging in Internet map services use to provide services shall not store or record any content which is not allowed by relevant provisions of the State to be shown on maps. Entities engaging in Internet map services which have found that their websites are transmitting map data that are not allowed to be shown shall cease the transmission immediately, keep relevant records, and report the situation to the competent administrative departments for surveying and mapping geographic information, the competent administrative departments of publishing, and the competent departments of network security and information technology of people's governments at or above the county level.

Article 37 No entity or individual may upload or mark through Internet any content that is not allowed to be shown on maps in accordance with relevant provisions of the State.

Article 38 Entities engaging in Internet map services shall use lawfully reviewed and approved maps, strengthen the checking and proofreading of newly added content of Internet maps, and make filings with the competent administrative department for surveying and mapping geographic information under the State Council or competent administrative departments for surveying and mapping geographic information of the provinces, autonomous regions and municipalities directly under the Central Government, in accordance with relevant provisions of the State.

Article 39 Entities engaging in Internet map services shall keep confidential the information involving State secrets and trade secrets acquired during their work.

Article 40 Entities engaging in Internet map services shall strengthen the self-regulation of the industry, promote the development of a credit system in the industry, and improve services.

Article 41 The provisions of the present chapter apply to activities related to Internet map services; other related provisions in the Regulations shall apply if there are no relevant provisions in the present chapter.

Chapter VI Supervision and Inspection


Article 42 The people's governments at or above the county level and related departments shall strengthen the supervision and inspection on activities such as map compilation, publishing, presentation, coverage, manufacture, sales, import and export in accordance with the law.

Article 43 When conducting supervision and inspection in accordance with the law, the competent administrative departments for surveying and mapping geographic information, competent administrative departments of publishing and other related departments of people's governments at or above the county level are entitled to take the following measures:
1. enter the venues of alleged illegal map activities for field inspection;
2. refer to and copy related data such as contracts, notes and account books;
3. seize and detain alleged illegal maps, products which contain shape of maps, and equipment, tools or raw materials for the implementation of illegal map activities.

Article 44 The competent administrative department for surveying and mapping geographic information under the State Council and the competent administrative department of publishing under the State Council shall establish and improve the information system for map supervision and administration to achieve information resources sharing and to facilitate the data inquiry by the public.

Article 45 The competent administrative departments for surveying and mapping geographic information of people's governments at or above the county level shall strengthen the supervision and administration over map quality in accordance with the related national standards and technical specifications.
Entities engaging in map compilation, publishing, presentation, coverage, manufacture, sales, import and export shall establish and improve the responsibility system for map quality, and take effective measures to ensure the quality of maps.

Article 46 Any entity or individual is entitled to report on illegal map activities.
The people's government or the department concerned shall timely investigate and handle the received whistleblowing in accordance with the law, and shall keep secret for the whistleblower.

Chapter VII Legal Liability


Article 47 Where a people's government at or above the county level and its related department, in violation of the Regulations, commit one of the following acts, the competent authorities or the supervisory authorities shall order them to make corrections; if the circumstances are serious, the person who is directly in charge and other persons directly liable shall be penalized in accordance with the law; if the act of the person who is directly in charge and other persons directly liable constitutes an offence, criminal liability shall be prosecuted in accordance with the law:
1. failing to issue an administrative licensing decision or issue approval documents in accordance with the law;
2. failing to investigate the illegal activities upon discovery of such activities or receipt of whistleblowing about such activities; and
3. other acts of not performing duties in accordance with the Regulations.

Article 48 Penalties will be imposed in accordance with Surveying and Mapping Law of the People's Republic of China against activities of map compilation or Internet map services conducted in violation of the Regulations without obtaining a qualification certificate for surveying and mapping, or beyond the permitted scope of the qualification grade for surveying and mapping.

Article 49 Entities which shall submit maps for review but, in violation of the Regulations, have failed to do so shall be ordered to make corrections; warning shall be given; illegal maps or products which contain shape of maps shall be confiscated; and a fine of not more than CNY100,000 may be imposed. If there is any illegal income, such illegal income shall be confiscated; if an offence is constituted, criminal liability shall be prosecuted in accordance with the law.

Article 50 Where, in violation of the Regulations, the maps which are not required to be reviewed do not meet relevant national standards or provisions, the entities concerned shall be ordered to make corrections; warning shall be given; illegal maps or products which contain shape of maps shall be confiscated; and a fine of not more than CNY100,000 may be imposed. If there is any illegal income, such illegal income shall be confiscated; if the circumstances are serious, announcement may be made to the public; if an offence is constituted, criminal liability shall be prosecuted in accordance with the law.

Article 51 Where maps which do not meet the relevant national standards or provisions upon review have, in violation of the Regulations, been disclosed to the public without revision in accordance with the requirements for review, the entities concerned shall be ordered to make corrections; warning shall be given; illegal maps or products which contain shape of maps shall be confiscated; and a fine of not more than CNY100,000 may be imposed. If there is any illegal income, such illegal income shall be confiscated; if the circumstances are serious, the entities concerned shall be ordered to cease operation for rectification, or have their qualification downgraded or their qualification certificate for surveying and mapping revoked; announcement may be made to the public; if an offence is constituted, criminal liability shall be prosecuted in accordance with the law.

Article 52 Where an entity, in violation of the Regulations, falsifies or fabricates application materials in order to illegally obtain the approval documents for review of maps, or forges approval documents and the map review number or falsely uses such documents and number of others, it shall be ordered to cease such illegal conduct; warning shall be given; illegal maps and products which contain shape of maps shall be confiscated; a fine of not less than CNY100,000 but not more than CNY200,000 shall be imposed concurrently. If there is any illegal income, such illegal income shall be confiscated; if the circumstances are serious, the entity shall be ordered to cease operation for rectification, or have its qualification downgraded or its qualification certificate for surveying and mapping revoked; if an offence is constituted, criminal liability shall be prosecuted in accordance with the law.

Article 53 Where an entity, in violation of the Regulation, does not notably mark the map review number at a proper position of maps, or does not submit samples in accordance with relevant provisions, it shall be ordered to make corrections; warning shall be given; if the circumstance is serious, such entity shall be ordered to cease operation for rectification, or have its qualification downgraded or its qualification certificate for surveying and mapping revoked.

Article 54 Where an entity engaging in Internet map services, in violation of the Regulations, uses maps without lawful review and approval to provide services, or does not review or proofread the newly added content of Internet maps, it shall be ordered to make corrections; warning shall be given; a fine of not more than CNY200,000 may be imposed. If there is any illegal income, such illegal income shall be confiscated; if the circumstances are serious, the entity shall be ordered to cease operation for rectification, or have its qualification downgraded or its qualification certificate for surveying and mapping revoked; if an offence is constituted, criminal liability shall be prosecuted in accordance with the law.

Article 55 Where an entity, in violation of the Regulations, uploads or marks through Internet the content that is not allowed to be shown on maps in accordance with relevant State provisions, it shall be ordered to make corrections; warning shall be given; a fine of not more than CNY100,000 may be imposed. If an offence is constituted, criminal liability shall be prosecuted in accordance with the law.

Article 56 The administrative penalties of downgrading qualification or revoking qualification certificate for surveying and mapping as provided in the Regulations shall be rendered by the departments which have issued such qualification certificate; while other administrative penalties shall be rendered by the competent administrative departments for surveying and mapping geographic information of people's governments at or above the county level.

Chapter VIII Supplementary Provisions


Article 57 Maps compiled by the military entities and marine maps shall be administered in accordance with the provisions of the State Council and the Central Military Commission.

Article 58 The Regulations shall come into force as of January 1, 2016. The Regulations of the People's Republic of China on the Management of Map Drawing and Publication issued by the State Council on July 10, 1995 shall be repealed simultaneously.