Measures for the administration of real estate surveying and mapping

　　The "measures" for the administration of real estate surveying and mapping have been deliberated and adopted by the 31st executive meeting of the Ministry of Construction on October 8, 2000 and the executive meeting of the State Bureau of Surveying and Mapping on October 26, 2000 (the State Bureau of Surveying and Mapping is authorized by the Ministry of Land and Resources), and are hereby promulgated and shall come into force as of May 1, 2001.

　　Chapter I General Provisions

　　Article 1 In order to strengthen the management of real estate surveying and mapping, standardize the behavior of real estate surveying and mapping, and protect the legitimate rights and interests of housing owners, these Measures are formulated in accordance with the Surveying and Mapping Law of People’s Republic of China (PRC) and the Urban Real Estate Management Law of People’s Republic of China (PRC).

　　Article 2 These Measures shall be observed when engaging in real estate surveying and mapping activities and implementing real estate surveying and mapping management in People’s Republic of China (PRC).

　　Third real estate surveying and mapping units shall strictly abide by the relevant laws and regulations of the state, implement the national real estate surveying norms and relevant technical standards and regulations, and be responsible for the quality of their completed real estate surveying and mapping results.

　　Real estate surveying and mapping units shall adopt advanced technology and equipment, improve the level of surveying and mapping technology, and accept the technical guidance and business supervision of the real estate administrative department and the surveying and mapping administrative department.

　　Article 4 Real estate surveying and mapping practitioners shall ensure the completeness and accuracy of surveying and mapping results, and shall not engage in illegal surveying and mapping, practise fraud, or harm the national interests, social public interests and the legitimate rights and interests of others.

　　Fifth the State Council Surveying and mapping administrative departments and the State Council construction administrative departments shall be responsible for the supervision and management of real estate surveying and mapping and the application of the results according to the division of responsibilities determined by the State Council.

　　The surveying and mapping administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the provincial surveying and mapping administrative departments) and the construction administrative departments of the people’s governments of provinces and autonomous regions and the real estate administrative departments of the people’s governments of municipalities directly under the Central Government (hereinafter referred to as the provincial real estate administrative departments) are responsible for the supervision and management of real estate surveying and mapping and the application of results according to the division of responsibilities determined by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.

　　Chapter II Entrustment of Real Estate Surveying and Mapping

　　Article 6 In any of the following circumstances, the applicant for housing rights, the owner of housing rights or other interested parties shall entrust a real estate surveying and mapping unit to conduct real estate surveying and mapping:

　　(1) Houses applying for initial registration of property rights;

　　(2) Houses whose natural conditions have changed;

　　(three) the housing rights or other interested parties require surveying and mapping houses.

　　Real estate surveying and mapping required in real estate management shall be entrusted by the real estate administrative department to conduct real estate surveying and mapping units.

　　Seventh real estate surveying and mapping results should be consistent with the natural conditions of real estate. When the natural conditions of the real estate change, the real estate change measurement shall be implemented in time.

　　Eighth commissioned by the real estate surveying and mapping, the client and the real estate surveying and mapping unit shall sign a written contract for real estate surveying and mapping.

　　Ninth real estate surveying and mapping units should be independent economic entities, and shall not have an interest in the client.

　　Tenth real estate surveying and mapping costs paid by the client.

　　Real estate surveying and mapping fees in accordance with the relevant provisions of the state.

　　Chapter III Qualification Management

　　Article 11 The State implements the qualification examination and certification system for real estate surveying and mapping units.

　　Twelfth real estate surveying and mapping units shall, in accordance with the "People’s Republic of China (PRC) Surveying and Mapping Law" and the provisions of these measures, obtain the "Surveying and Mapping Qualification Certificate" issued by the surveying and mapping administrative department of the people’s government at or above the provincial level, which specifies the real estate surveying and mapping business.

　　Thirteenth unless otherwise stipulated in these measures, the qualification examination, grading standards, operation limits and annual inspection of real estate surveying and mapping shall be implemented in accordance with the relevant provisions of the state.

　　Fourteenth units applying for the qualification of real estate surveying and mapping shall submit a written application to the local provincial administrative department of surveying and mapping, and submit relevant materials in accordance with the requirements of surveying and mapping qualification examination and management.

　　The provincial administrative department of Surveying and mapping shall, within 5 days from the date of acceptance, transfer it to the provincial administrative department of real estate for preliminary examination. Provincial real estate administrative departments shall, within 15 days, put forward written preliminary opinions and feedback to the provincial administrative departments of Surveying and mapping; Among them, the preliminary examination opinions on applying for the qualification of Grade A real estate surveying and mapping shall be submitted to the construction administrative department of the State Council for the record.

　　To apply for the qualification of Grade A real estate surveying and mapping, the provincial administrative department of surveying and mapping shall report to the administrative department of surveying and mapping of the State Council for approval and certification; Those who apply for the qualification of real estate surveying and mapping below Grade B shall be examined and approved by the provincial administrative department of surveying and mapping.

　　Units that have obtained Grade A real estate surveying and mapping qualifications shall be jointly announced to the public by the administrative departments of surveying and mapping in the State Council and construction in the State Council. Units that have obtained the qualification of real estate surveying and mapping below Grade B shall be jointly announced to the public by the provincial administrative department of surveying and mapping and the provincial administrative department of real estate.

　　Fifteenth "Surveying and mapping qualification certificate" is valid for 5 years, 3 months before the expiration, the holder shall submit it for review, and the issuing authority shall be responsible for the review and replacement. For real estate surveying and mapping projects, the issuing authority shall solicit the opinions of the real estate administrative department at the same level when reviewing and replacing the certificate.

　　Within the validity period of the "Surveying and Mapping Qualification Certificate", the qualification of real estate surveying and mapping shall be inspected by the administrative department of surveying and mapping. During the annual inspection, the surveying and mapping administrative department shall solicit the opinions of the real estate administrative department at the same level. Units that have been demoted or disqualified from real estate surveying and mapping in the annual inspection shall be jointly announced to the public by the surveying and mapping administrative department of the annual inspection and the real estate administrative department at the same level.

　　Apply for upgrading the qualification of real estate surveying and mapping within the validity period of the "Surveying and mapping qualification certificate", and re-apply for qualification examination procedures in accordance with the provisions of Article 14 of these Measures.

　　Chapter IV Results Management

　　Sixteenth real estate surveying and mapping results include: real estate books, real estate data and real estate atlas.

　　Seventeenth parties have objections to the results of real estate surveying and mapping, you can entrust a nationally recognized appraisal agency for real estate surveying and mapping results.

　　Article 18 The real estate administrative department shall examine and verify the qualifications of the surveying and mapping unit, the applicability of the surveying and mapping results, the accuracy of the boundary points, the basis and method of area measurement, etc. for the results of real estate surveying and mapping used for real estate management such as housing ownership registration. After the audit of real estate surveying and mapping results into the unified management of real estate files.

　　Article 19. Providing, giving away and selling unpublished data of real estate surveying and mapping achievements to organizations and individuals outside the country (territory), and entrusting institutions outside the country (territory) to print real estate surveying and mapping maps shall be handled in accordance with the People’s Republic of China (PRC) Surveying and Mapping Law, the Regulations on the Administration of Surveying and Mapping Achievements in People’s Republic of China (PRC) and the relevant provisions of national security and confidentiality.

　　Chapter V Legal Liability

　　Article 20 Whoever engages in real estate surveying and mapping business without obtaining the Surveying and Mapping Qualification Certificate which specifies the real estate surveying and mapping business and undertakes the real estate surveying and mapping task beyond the business scope and operation limit of real estate surveying and mapping stipulated in the Surveying and mapping Qualification Certificate shall be punished in accordance with the provisions of the People’s Republic of China (PRC) Surveying and Mapping Law and the Administrative Provisions on Surveying and Mapping Qualification Examination and Certification.

　　Twenty-first real estate surveying and mapping units in any of the following circumstances, the real estate administrative departments of the people’s governments at or above the county level shall give a warning and order it to make corrections within a time limit, and may impose a fine of not less than 10 thousand yuan but not more than 30 thousand yuan; If the circumstances are serious, the issuing authority shall demote or cancel its qualification for real estate surveying and mapping:

　　(a) the national standards, norms and regulations are not implemented in the calculation of real estate area;

　　(two) in the calculation of real estate area, fraud, deception of housing rights;

　　(three) the calculation of the real estate area is wrong, causing great losses.

　　Twenty-second in violation of the provisions of article nineteenth of these measures, according to the "People’s Republic of China (PRC) Surveying and Mapping Law", "People’s Republic of China (PRC) Surveying and Mapping Achievements Management Regulations" and the provisions of national security and confidentiality laws and regulations.

　　Twenty-third real estate surveying and mapping management personnel, staff dereliction of duty, abuse of power, corruption, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

　　Chapter VI Supplementary Provisions

　　Twenty-fourth provincial real estate administrative departments and surveying and mapping administrative departments may formulate detailed rules for implementation according to these measures.

　　Twenty-fifth approach by the administrative department of construction in the State Council and the administrative department of Surveying and mapping in the State Council jointly explained.

　　Twenty-sixth the implementation since May 1, 2001.