Regulations on Permits for Foreigners or Foreign Organizations Engaging in Surveying and Mapping Affairs
2008-05-16
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Article 1
These regulations are promulgated according to Paragraph 2, Article 56 of the Land Surveying and Mapping Act (hereafter called “The Act”).
Article 2
The term “Foreigner” in Paragraph 1, Article 56 of the Act refers to a foreign natural person or a foreign juristic person; and the term “Foreign Organization” refers to a foreign association, a foreign institution or an international organization.
The aforementioned Foreigner or Foreign Organization engaging in surveying and mapping affairs distinguishes conducting a special surveying and mapping project from managing a surveying and mapping business.
The aforesaid special surveying and mapping project refers to the surveying and mapping affairs handled by a R.O.C. natural person, juristic person, association or institution with a foreigner or foreign organization through cooperation due to needs for public benefits, after the obtainment of the permit.
The aforementioned Foreigner or Foreign Organization engaging in surveying and mapping affairs distinguishes conducting a special surveying and mapping project from managing a surveying and mapping business.
The aforesaid special surveying and mapping project refers to the surveying and mapping affairs handled by a R.O.C. natural person, juristic person, association or institution with a foreigner or foreign organization through cooperation due to needs for public benefits, after the obtainment of the permit.
Article 3
Foreigner or Foreign Organization participating in a special surveying and mapping project, must comply with one of the following criteria:
1. Foreign Natural Person: The person possesses a professional surveying and mapping license issued by its government.
2. Foreign Juristic Person: The person is incorporated and registered in accordance with its laws, and the purpose of the incorporation or business is related to surveying and mapping.
3. Foreign Organization: The purpose or business of the organization is related to surveying and mapping.
1. Foreign Natural Person: The person possesses a professional surveying and mapping license issued by its government.
2. Foreign Juristic Person: The person is incorporated and registered in accordance with its laws, and the purpose of the incorporation or business is related to surveying and mapping.
3. Foreign Organization: The purpose or business of the organization is related to surveying and mapping.
Article 4
The application for conducting a special surveying and mapping project should be filled out by a R.O.C. natural person, juristic person, association or organization in three copies and the following documents shall be attached:
1. Cooperation Plan: The cooperation plan shall clearly state the name of the plan, the purpose and the basis, an applicable region, a plan schedule, surveying and mapping items, the method of implementation and accuracy, utilizing instruments, participants, data format, plan results and managements, etc.
2. Documentation for proof of Foreigner or Foreign Organization’s qualification:
(1) Foreign Natural Person: A passport or an identification certificate issued by its government, and a proof of professional surveying and mapping license issued by its government.
(2) Foreign Juristic Person: A certificate of registration of the incorporation issued by its government, and a passport of the person’s representative or the said representative’s identification certificate issued by its government.
(3) Foreign Organization: Proof of the organization, and a passport of the person’s representative or the said representative’s identification certificate issued by its government.
3. Proof documents on cooperation agreed by the Foreigner or Foreign Organization.
4. A passport or an identification certificate, issued by its government, of the Foreigner or the personnel of the Foreign Organization engaging in surveying and mapping affairs.
5. Any other documents stipulated by the central competent authority.
1. Cooperation Plan: The cooperation plan shall clearly state the name of the plan, the purpose and the basis, an applicable region, a plan schedule, surveying and mapping items, the method of implementation and accuracy, utilizing instruments, participants, data format, plan results and managements, etc.
2. Documentation for proof of Foreigner or Foreign Organization’s qualification:
(1) Foreign Natural Person: A passport or an identification certificate issued by its government, and a proof of professional surveying and mapping license issued by its government.
(2) Foreign Juristic Person: A certificate of registration of the incorporation issued by its government, and a passport of the person’s representative or the said representative’s identification certificate issued by its government.
(3) Foreign Organization: Proof of the organization, and a passport of the person’s representative or the said representative’s identification certificate issued by its government.
3. Proof documents on cooperation agreed by the Foreigner or Foreign Organization.
4. A passport or an identification certificate, issued by its government, of the Foreigner or the personnel of the Foreign Organization engaging in surveying and mapping affairs.
5. Any other documents stipulated by the central competent authority.
Article 5
Applying for managing a surveying and mapping business must comply with one of the following criteria:
1. Foreign Natural Person: The person shall possess the Alien Resident Certificate and the license of survey engineer issued by R.O.C. government.
2. Foreign Company: The company is incorporated and registered in accordance with its laws, and the purpose of the incorporation or business is related to surveying and mapping.
1. Foreign Natural Person: The person shall possess the Alien Resident Certificate and the license of survey engineer issued by R.O.C. government.
2. Foreign Company: The company is incorporated and registered in accordance with its laws, and the purpose of the incorporation or business is related to surveying and mapping.
Article 6
The application for managing a surveying and mapping business should be filled out in three copies and the following documents shall be attached:
1. Business Plan: The business plan shall clearly state the Chinese name of the survey and mapping enterprise, the office location in the R.O.C., the responsible person, partners, business items, business facilities, operating capital, staff allocation, training plans, business development plans and financial forecasts for the upcoming five years, etc.
2. Documentation for proof of qualification
(1)Foreign Natural Person:
a. Proof of the Alien Resident Certificate and the license of survey engineer.
b. Proof of no record of being punished for major violation in the past five years, as certified by its government.
(2)Foreign Company
a. The company’s certificate of registration of the incorporation issued by its government, and the passport or identification certificate of the company’s representative issued by its government.
b. Proof of no record of being punished for major violation in the past five years, as certified by its government.
3. Identification certificate of survey engineers and of surveyors as prescribed in Article 31 of the Act. Those survey engineers or surveyors who are employed by a survey industry shall also submit the employment agreement documents.
4. A passport or an identification certificate, issued by its governments, of the responsible person or partner in the R.O.C..
5. Any other documents stipulated by the central competent authority.
1. Business Plan: The business plan shall clearly state the Chinese name of the survey and mapping enterprise, the office location in the R.O.C., the responsible person, partners, business items, business facilities, operating capital, staff allocation, training plans, business development plans and financial forecasts for the upcoming five years, etc.
2. Documentation for proof of qualification
(1)Foreign Natural Person:
a. Proof of the Alien Resident Certificate and the license of survey engineer.
b. Proof of no record of being punished for major violation in the past five years, as certified by its government.
(2)Foreign Company
a. The company’s certificate of registration of the incorporation issued by its government, and the passport or identification certificate of the company’s representative issued by its government.
b. Proof of no record of being punished for major violation in the past five years, as certified by its government.
3. Identification certificate of survey engineers and of surveyors as prescribed in Article 31 of the Act. Those survey engineers or surveyors who are employed by a survey industry shall also submit the employment agreement documents.
4. A passport or an identification certificate, issued by its governments, of the responsible person or partner in the R.O.C..
5. Any other documents stipulated by the central competent authority.
Article 7
Where attachments under Article 4 and the preceding Article are originated from abroad, the documents should be endorsed by the R.O.C. embassy in the foreign country; and where the documents are issued by the foreign embassy or its authorized institution in the R.O.C., the documents should be re-checked by the Ministry of Foreign Affairs.
Where the documents of the preceding Paragraph is in foreign language, its translation endorsed by the R.O.C. embassy in the foreign country or notarized by a R.O.C. public notary shall also be attached.
Where the documents of the preceding Paragraph is in foreign language, its translation endorsed by the R.O.C. embassy in the foreign country or notarized by a R.O.C. public notary shall also be attached.
Article 8
The Central Competent Authority undertakes applications and may issue the permits to those persons that are assessed to comply with provisions. Those applications that fail to comply shall be rejected; those applications that need to be corrected but fail to be corrected or fail to comply after the correction shall also be rejected upon the expiration of the notified correction period.
Article 9
The Central Competent Authority concerned shall carry out the assessment process of the application jointly with the National Security Bureau, the Ministry of National Defense, the central industry supervising authorities and the relevant local government authorities; should the assessment process believe that the work might jeopardize national security, military secrets, or major public benefits, the application would be rejected.
Article 10
Permits for Foreigners or Foreign Organizations engaging in surveying and mapping affairs shall be subjected to R.O.C. laws and abiding the followings:
1. Forbid from carrying on detection, collection, consignation or delivery of surveying and mapping results to a foreign country or the mainland region, the Administration Region of Hong Kong and of Macao, for its militaries, party duties, or other official organizations, or the institutions established and specified by the foresaid organizations, or the civil groups entrusted by the foresaid organizations.
2. Forbid from carrying out surveying and mapping affairs involving national security or military secrets.
3. The surveying and mapping enterprise is forbid from carrying out affairs irrelevant to the scope of the business items in the permit, and shall within 1 (one) month of carrying out the entrusted surveying and mapping affairs, deliver the work plan to the Central Competent Authority for checks.
4. Any person who handles a special surveying and mapping project shall have the full participation of the cooperated R.O.C natural person, juristic person, association or institution, and shall implement the plan in accordance with the content of the plan and complete the work within the permitted period. However, those persons who have proper reasons for extension of the period can apply for extension.
5. Results of the surveying and mapping shall not be taken out or delivered abroad unless the Central Competent Authorities approves the taking out or delivery.
Foreigner or Foreign Organization violating aforementioned regulations, the Central Competent Authority may cancel, abolish the permit or temporarily stop the carrying out of the surveying and mapping affairs.
1. Forbid from carrying on detection, collection, consignation or delivery of surveying and mapping results to a foreign country or the mainland region, the Administration Region of Hong Kong and of Macao, for its militaries, party duties, or other official organizations, or the institutions established and specified by the foresaid organizations, or the civil groups entrusted by the foresaid organizations.
2. Forbid from carrying out surveying and mapping affairs involving national security or military secrets.
3. The surveying and mapping enterprise is forbid from carrying out affairs irrelevant to the scope of the business items in the permit, and shall within 1 (one) month of carrying out the entrusted surveying and mapping affairs, deliver the work plan to the Central Competent Authority for checks.
4. Any person who handles a special surveying and mapping project shall have the full participation of the cooperated R.O.C natural person, juristic person, association or institution, and shall implement the plan in accordance with the content of the plan and complete the work within the permitted period. However, those persons who have proper reasons for extension of the period can apply for extension.
5. Results of the surveying and mapping shall not be taken out or delivered abroad unless the Central Competent Authorities approves the taking out or delivery.
Foreigner or Foreign Organization violating aforementioned regulations, the Central Competent Authority may cancel, abolish the permit or temporarily stop the carrying out of the surveying and mapping affairs.
Article 11
Where the special surveying and mapping project is a Basic Survey as set forth in Paragraph 3, Article 8 of the Act or an Applied Survey prescribed in Paragraph 3, Article 18 of the Act, and where military secrets are involved, the project shall be examined and approved by the Ministry of National Defense.
Article 12
These regulations shall come into force from the date of promulgation.