Laws of the People's Republic of China

    Article 1  These Regulations are formulated in accordance with the
"Surveying and Mapping Law of the People's Republic of China" with a view to
strengthening the protection and management of surveying markers.

    Article 2  These Regulations shall be applicable to the surveying markers
placed in the territorial air, land and waters of the People's Republic of
China, as well as other sea areas under the jurisdiction of the People's
Republic of China.

    Article 3  The surveying markers are state-owned and constitute
infrastructure of national economic construction and scientific research.

    Article 4  The surveying markers referred to in these Regulations shall
mean:

    (1) wooden signals, steel signals and stone markers built above-ground,
underground or on constructions and of various orders and classes,
established at triangulation points, baseline points, traverse points,
military control points, gravimetric points, astronomic points and leveling
points, satellite global positioning control points, as well as fixed markers
used for topographic mapping, engineering surveying and deformation
measurement and such other permanent surveying markers as installations at
seabed geodetic points;

    (2) temporary surveying markers in use in surveying.

    Article 5  The competent department of surveying and mapping
administration under the State Council shall be in charge of the nationwide
protection work of surveying markers. Other department concerned under the
State Council shall, in accordance with the division of responsibilities as
defined by the State Council, be responsible for managing the protection work
of the special surveying markers of their respective departments.

    The department of surveying and mapping administration of the local
people's government at and above the county level shall be responsible for
the protection work of the surveying markers within its administrative area.

    The competent department of surveying and mapping in the armed forces
shall be responsible for managing the protection work of the surveying
markers of the military departments, and shall, in accordance with the
division of responsibilities as defined by the State Council and the Central
Military Commission, be responsible for the management of the protection work
of basic marine surveying markers.

    Article 6  Local people's governments at and above the county level shall
strengthen the leadership of the protection work of surveying markers and
enhance citizens' consciousness of protecting surveying markers according to
law.                                  

    People's governments at the township level shall do a good job of
protection management of the surveying markers within their respective
administrative areas.

    Article 7  Reward shall be given to any unit and individual for
outstanding achievements in the protection of permanent surveying markers.

    Article 8  Construction of permanent surveying markers shall meet the
following requirements:

    (1) the surveying and mapping data and standards prescribed by the
State shall be employed;

    (2) selection of the position of points shall be conducive to the
permanent protection and management of the surveying markers;

    (3) shall be in keeping with other requirements by law and regulations.

    Article 9  Marked signs shall be put up for permanent surveying markers
in the establishment of permanent surveying markers; special signboard made
under unified supervision of the competent department of surveying and
mapping administration under the State Council shall be put up in the
establishment of basic surveying markers.

    Article 10  Occupation and use of land required for the establishment of
permanent surveying markers shall be an area of 36-100 squaremeters for
above-ground markers and an area of 16-36 squaremeters for underground
markers.

    Article 11  The unit and individual concerned shall not interfere in and
obstruct the use of land in keeping with law for the establishment of
permanent surveying markers or building of permanent surveying markers on
constructions.

    Article 12  The State shall implement the system of voluntary care of
surveying markers.

    The department that installs permanent surveying markers shall entrust an
appropriate unit or personnel of the locality where the permanent surveying
markers are installed  for taking care of such surveying markers, sign letter
of authorization for taking care of such surveying markers defining in clear
terms the rights and obligations of the trustor and the trustee, and the
letter of authorization shall be transmitted by the trustor to the township
government and departments of surveying and mapping administration of the
people's government at and above the county level for the record.

    Article 13  The unit and personnel responsible for taking care of the
surveying markers shall carry out regular inspection of the surveying markers
under their care; a timely report shall be made to the local township
government which shall transmit the report to the department of surveying and
mapping administration of the people's government at and above the county
level upon discovery of shifting, damage or destruction of the surveying
markers.

    Article 14  The unit and personnel responsible for taking care of the
surveying markers are empowered to stop, report and sue the acts of shifting,
damaging, destroying and pilfering. No unit or individual shall obstruct and
take revenge.

    Article 15  The State shall implement the system of compensatory
employment of the surveying markers; however, employment of the surveying
markers for military surveying and mapping missions is excluded. Revenue
accrued from compensatory employment of the surveying markers shall be used
for the maintenance and repair of the surveying markers, and shall not be
used for other purposes. Specific measures shall be formulated by the
department of surveying and mapping administration under the State Council
in conjunction with the department of price management under the State
Council.

    Article 16  Surveying and mapping personnel, when employing permanent
surveying markers, must hold surveying and mapping work certificates, accept
the supervision of the department of surveying and mapping administration at
and above the county level and the inquiry by unit and personnel responsible
for taking care of the surveying markers to ensure that the surveying markers
remain in good condition.

    Article 17  Maintenance plans shall be implemented for the protection of
surveying markers.

    National maintenance plan for surveying markers shall be drawn up by the
competent department of surveying and mapping administration under the State
Council in conjunction with other relevant departments under the State
Council.

    The departments of surveying and mapping administration of the people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government shall, in accordance with the national
maintenance plan for surveying markers, organize relevant departments of
their respective level in drawing up maintenance plans for surveying markers
within their respective administrative areas, organize and coordinate the
unified implementation by relevant departments and units.

    Article 18  Departments which establish permanent surveying markers
shall, in accordance with maintenance procedures for surveying markers
prescribed by the State, carry out regular maintenance of permanent surveying
markers to ensure the normal utilization of the surveying markers.

    Article 19  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
shifted or rendered ineffective, the engineering construction unit shall
undergo the following procedures of approval:

    (1) Removal and shifting of basic surveying markers or rendering basic
surveying markers ineffective shall be approved by the competent department
of surveying and mapping administration under the State Council or by the
departments of surveying and mapping administration of the people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government;

    (2) Removal and shifting of special permanent surveying markers of
departments concerned or rendering special permanent surveying markers of
departments concerned ineffective shall have the agreement of the departments
that establish the surveying markers and be approved by the departments of
surveying and mapping administration of the people's governments of
provinces, autonomous regions and municipalities directly under the Central
Government.

    The unit and personnel concerned responsible for taking care of the
surveying markers shall likewise be informed of the removal and shifting of
permanent surveying markers.

    Article 20  The engineering construction unit shall, in accordance with
relevant provisions of the State, pay expenses of shifting and reconstruction
to departments of surveying and mapping administration of the people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government for the approved removal and shifting of basic
surveying markers or rendering basic surveying markers ineffective.

    The engineering construction unit shall, in accordance with relevant
provisions of the State, pay expenses of shifting and reconstruction to the
department that establishes the surveying markers for the approved removal
and shifting of special surveying markers of the department concerned or
rendering the special surveying markers of the department concerned
ineffective; the engineering construction unit shall, in accordance with
relevant provisions of the State, pay expenses of shifting and reconstruction
to departments of surveying and mapping administration of the people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government in case of failure to locate the department
concerned that establishes the special surveying markers.

    Article 21  Reconstruction of the permanent surveying markers shall be
organized and carried out by the department that receives the fund for the
shifting and reconstruction of surveying markers.

    Article 22  Surveying markers are protected by the State. The following
acts harmful to the safety of the surveying markers or that render the
surveying markers ineffective are forbidden:

    (1) damage, destruction or shifting without authorization of underground
or above-ground permanent surveying markers and temporary surveying markers
in use;

    (2) burning wasteland, farming, earth-gathering, or sand-excavating
within the occupied land area of a surveying marker, or seize and occupy the
land used for permanent surveying markers;

    (3) quarrying, demolition, shooting(firing) or installing high-voltage
power lines in areas fifty meters from permanent surveying markers;

    (4) building of constructions within the occupied land area of a
surveying marker affecting effectiveness of the surveying marker;

    (5) installing of communication facility, watch tower, tents, tying of
cattle or other appendixes that may damage and destroy the surveying marker
on such marker;

    (6) demolition without authorization of constructions with surveying
markers or removal of surveying markers on the constructions;

    (7) other acts harmful to the safety and effectiveness of surveying
markers.

    Article 23  Those who have committed one of the acts forbidden under
Article 22 of these Regulations or have committed one of the following acts
shall be ordered by the department of surveying and mapping administration of
the people's government at and above the county level to make corrections
with a specified time period, be served a warning and be imposed a fine under
RMB 50,000 in the light of the extent of seriousness of the case; those in
charge who have direct responsibilities and other personnel directly
responsible shall be given administrative penalty according to law; those who
have caused losses shall undertake the responsibility of compensation
according to law:

    (1) interference or obstruction of the construction unit of surveying
markers in the use of land in accordance with law or in the establishment of
permanent surveying markers on constructions;

    (2) Removing and shifting permanent surveying markers by an engineering
construction unit without authorization and approval or rendering permanent
surveying markers ineffective, or refusing to pay the expenses of shifting
and reconstruction in accordance with the relevant provisions of the State;

    (3) causing damage to permanent surveying markers in conducting
surveying and mapping against the operational procedures of surveying and
mapping;

    (4) using permanent surveying markers without certificate and rejecting
the supervision of the department of surveying and mapping administration of
the people's government at and above the county level and refusing to respond
to the inquiry of the unit and personnel responsible for taking care of the
surveying markers.

    Article 24  Staff members of the department of surveying and mapping
administration shall be given administrative penalties according to law for
negligence of duty, abuse of power and malpractice for selfish gains.

    Article 25  Those who have violated the provisions of these Regulations
and should receive administrative penalty shall be punished in accordance
with the provisions of the Regulations on Administrative Penalties for Public
Security; those who have committed criminal offenses shall be investigated
for criminal responsibilities in accordance with law.

    Article 26  These Regulations shall go into effect as of January 1, 1997.
The "Regulations on the Protection of Surveying Markers" promulgated by the
State Council on January 7, 1984 shall be annulled as of the same date.