Wednesday, October 14, 2009

Can I Map or Can't I Map in China? That is the Question



Chinese law places quite stringent restrictions on the production and distribution of maps in the PRC.

Surveying and Mapping is defined as, “activities conducted to determine, collect and formulate the key elements of physical geography or the shapes, sizes, space positions, attributes, etc. of man-made surface installations, as well as to process and provide the data, information and results gained therefrom” . And such restrictions apply to any land, air, or water controlled by the People’s Republic of China (including Hong Kong, Macau and Taiwan).

If foreign companies wish to engage in Surveying and Mapping, they must:

(1) be a Sino-foreign joint venture – with no more than 49% foreign investment;

(2) obtain a qualification certificate from the State Bureau of Surveying and Mapping; and

(3) only engage in the following permitted activities:
 Photogrammetry and remote sensing;
 Engineering surveying;
 Cadastral surveying and mapping;
 Estate surveying and mapping;
 Geographic information system engineering; and
 Internet map services.

(4) refrain from these Prohibited activities:
 Geodesic surveying;
 Aerial photography for surveying and mapping;
 Administrative boundary surveying and mapping;
 Marine surveying and mapping;
 Compilation of topographic maps or general maps; and
 Compilation of electronic maps for navigation (such as for GPS systems in cars).

***Only maps that have been reviewed approved by the State Bureau of Surveying and Mapping may then be distributed or otherwise be displayed publicly in the PRC.

***publication of other types of maps such as those on the internet may also be subject to other permit requirements.

[this is not legal advice]


http://en.sbsm.gov.cn/article//LawsandRules/Laws/200710/20071000003241.shtml
http://en.sbsm.gov.cn/
Interim Measures for the Administration of the Surveying and Mapping Conducted by Foreign Organizations or Individuals in China (2007).

2 comments:

  1. Hi,
    Thanks for this interesting post. I actually never thought about this topic, and how controlled and regulated it can be.

    What about when Google takes pictures of China, with Google Earth or Google Maps. Do you know if there was an issue or problem raised by it?

    Cheers,
    P.

    ReplyDelete
  2. Thanks Perrine B.

    In response to your question, Google Maps/Google Earth fall under the catagory of Internet Map Services (a permitted activity)- which under PRC law is defined as as “real-time generated, interactively controlled digital maps with functions of, among others, data searching and attribute tagging, which are published on or transmitted via the internet and which are formed based on data compiled from geographic information databases stored on servers." (Noting here that in addition to the Surveying and Mapping License, Web Publishing and ICP permits are also required, along with relevant approvals.)

    However, even though internet mapping is a permitted activity a foreign company can sometimes get into trouble when Chinese authorities feel that state secrets or territorial integrity are threatened (i.e., naming Taiwan as a seperate country, etc.).

    I believe Google has been under investigation by the State Bureau of Surveying and Mapping because in late 2008 one of its maps revealed a picture of a new naval base in Hainan. Which certainly raised some concerns in Beijing. This is not something unusual, since Google Maps/Earth came out many governments including the US and France expressed serious concerns and mandated that certain information was left out to minimize the effect such maps have on national security. And I suspect China will do the same.

    ReplyDelete