Procedures of Shanghai Municipality on Map Administration were adopted at the 121^st Routine Meeting of the Municipal People’s Government on April 20, 2021, and are hereby promulgated. They shall be effective as of July 1, 2021.

                                       Mayor: Gong Zheng

                                           May 8, 2021

 

Procedures of Shanghai Municipality on Map Administration

(Promulgated by Decree No. 48 of Shanghai Municipal People’s Government

on May 8, 2021)

 

Article 1 (Purposes and Basis)

With a view to strengthening the map administration, maintaining the sovereignty, security and interests of the State, promoting the healthy development of the geographic information industry, and serving the economic construction, social development and the people’s daily life, these Procedures are formulated in accordance with the Mapping Law of the People’s Republic of China, the Regulations on Map Administration and other relevant laws and rules, and in light of the actual circumstances of this Municipality.

Article 2(Scope of Application)

The compilation, examination and approval, and publication of maps publicized to the society, and the internet map services engaged within the administrative areas of this Municipality and the relevant supervision and inspection activities shall comply with these Procedures.

The administration of maps compiled by army units and the administration of sea charts shall be implemented according to the provisions of the State Council and the Central Military Committee.

Article 3(Types of Maps)

The maps mentioned in these Procedures include:

1. paper, cloth, and leather maps, and electronic maps such as navigation maps and internet maps;

2. maps or map graphics attached to publications, publicity materials, advertisements, and film and television works; and

3. other forms of maps and map graphics. 

Article 4 (Departmental Duties)

The municipal department of planning and resources shall be responsible for the unified supervisory administration of the map work in this Municipality.

The departments of education, culture and tourism, radio and television, transport, commerce, civil affairs, water, landscaping and city appearance, market regulation, communications, press and publication, film, cyberspace, and customs shall, according to their respective functions and duties, cooperate in the implementation of these Procedures. 

Article 5 (Publicity and Education of National Territory)

The people’s governments at all levels, their relevant departments, and news media shall strengthen publicity and education of national territory, popularize the knowledge of national territory, and enhance the citizens’awareness of national territory.

The education of awareness of national territory shall be included into the teaching contents of primary and secondary schools in this Municipality. The competent department of education of this Municipality shall enhance the publicity, training and supervision on primary and secondary school teachers’ standardized use of maps in their teaching activities.

Citizens, legal persons and other organizations shall use maps that correctly show the national territory.

Article 6 (Development of Geographic Information Industry)

This Municipality shall encourage the compilation and publication of various map products that comply with the standards and provisions, support the innovation in the geographic information science and technology and the development of the industry, accelerate the restructuring, optimizing and upgrading of the geographic information industry, and promote the deep-level application of geographic information.

The municipal department of planning and resources shall, jointly with relevant departments, establish and perfect a mechanism of jointly constructing and sharing the geographic information resource among government departments.

The municipal department of planning and resources shall take effective measures to promptlyobtain, process and update the basic geographic informatics data, provide the society with the public service of geographic information via the Platform for Common Geospatial Information Services, and realize the opening and sharing of geographic information data.

This Municipality shall encourage such units as map compiling units, institutions of higher education, and scientific research institutions to carry out activities of scientific research, technology development and achievement transformation in the field of geographic information.

Article 7 (Requirements on Map Compilation And Demonstrative Contents)

The unit that engages in map compiling activities shall obtain the corresponding mapping qualification certificate according to law, and carry out the map compilation within the scope permitted by its qualification grade.

The compilation of maps shall comply with the relevant map compilation standards of the State; the contents demonstrated in the maps shall comply with the provisions of the State on the demonstration of map contents.

A map must not demonstrate the following contents that

1. endanger the national unity, and the sovereignty and territorial integrity;

2. endanger the national security, or damage the national honor and interests;

3. belong to the national secrets;

4. affect the ethnic unity, or infringe on ethnic customs and habits; or

5. other contents that must not be demonstrated as provided by laws or rules.

The title of a map must not use such modifiers as“the latest”, “the best” or “the fullest”.

Article 8 (Public Welfare Maps)

The municipal department of planning and resources shall organize the compilation of and publicize public welfare maps for free use by the society, and enhance the publicity and guidance of using public welfare maps.

Where a public welfare map that reserves its original number of examination and approval shows such contents as education and teaching, publicity and news, the various important geographic information such as the names and boundary lines of administrative areas, and the names of important places must not be affected.  

The municipal department of planning and resources shall promptly organize the collection of changes relevant to the contents of the map such as the administrative areas, place names, traffic, hydrographic systems, vegetation, public facilities and residential areas, and upgrade the public welfare map regularly. The departments of civil affairs, transport, water, and landscaping and city appearance and other relevant departments shall provide relevant updated information promptly.  

Article 9(Scope And Subject of Examination and Approval)

The map publicized to society shall be submitted to the competent administrative department with the authority of examination and approval for examination and approval, except the maps with simple contents such as maps of scenic spots, neighborhood maps, and subway-route maps. 

The following maps shall, as provided, be submitted to the competent department of natural resources of the State Council for examination and approval:

1. the national map and the map that mainly shows the location of administrative areas of two or more provinces, autonomous regions and municipalities directly under the Central People’s Government;

2. the map of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region;

3. the world map and the map that mainly shows the territory of foreign countries; and

4. the historical map.

The map that mainly shows places within the administrative areas of this Municipality shall, as provided, be submitted to the municipal department of planning and resources for examination and approval.  

Article 10(Submitter for Examination And Approval)

In the case of publishing a map, the publishing unit shall submit it for examination and approval; in the case of exhibiting or publishing a map that does not belong to a publication, the exhibitor or publisher shall submit it for examination and approval; in the case of importing a map that does not belong to a publication or a product attached with map graphics, the importer shall submit it for examination and approval; in the case of importing a map that belongs to a publication, the relevant provisions of the Regulations on Publication Administration shall be implemented; in the case of exporting a map that does not belong to a publication or a product attached with map graphics, the exporter shall submit it for examination and approval; in the case of producing a product attached with map graphics, the producer shall submit it for examination and approval.

A map compiling unit may be entrusted to handle the formalities of submission of the map compiled thereby for examination and approval.

Article 11 (Documents to Be Submitted for Examination and Approval)

When submitting a map for examination and approval, the applicant shall submit relevant documents for examination and approval according to the provisions and be responsible for the truthfulness of the documents.

Article 12(Time Limits of Examination and Approval)

The municipal department of planning and resources shall，within 15 working days upon the date of accepting the application for map examination and approval, make a decision on the examination and approval.

As for the map for current affairs publicity, the map used in a display or demonstration, and the map illustrations attached to books, newspapers and periodicals which have a high requirement on timeliness, the decision on the examination and approval shall be made within seven working days upon the date of accepting the application for map examination and approval.   

Where a map needs to be used for special circumstances such as emergency support, it shall be examined upon the submission.

Article 13 (Solicitation of Departments’ Opinions)

When examining a map involving specialized contents according to the provisions, the municipal department of planning and resources shall examine it according to the examination and approval bases formulated by the competent department of natural resources of the State Council jointly with relevant departments; in the absence of the definite examination and approval bases, the opinions of relevant departments shall be solicited, and the relevant departments shall put forward their opinions within 15 working days upon the date of receiving the materials of opinion solicitation. The time for opinion solicitation shall not be counted within the time limit for map examination and approval.   

When an applicant submits the materials for examination and approval, together with the relevant departments’opinions on the examination of the specialized content of a map, the municipal department of planning and resources need not solicit the opinions of the relevant departments separately.   

Article 14(Approval upon Examination and Marking of Examination and Approval Number)

If a map submitted complies with the provisions, the municipal department of planning and resources shall issue a document of map examination and approval, and mark the number of map examination and approval.

The number of map examination and approval shall be highlighted at a proper position of the map or the product attached with map graphics. If the map belongs to a publication, the number shall be marked on the copyright page; if it belongs to the internet map service, it shall be marked at the left bottom corner of the map page.    

Article 15 (Notification and Commitment)

The municipal department of planning and resources may, in light of the qualification, credit and other status conditions of map formulating units, adopt the mode of notification and commitment to conduct the map examination and approval. The specific procedures shall be separately formulated by the municipal department of planning and resources. 

Article 16(Consulting Services)

The municipal department of planning and resources shall disclose such information as the scope, subject and materials submission of the map examination and approval at relevant office premises and the portal website, and provide consulting services for the applicants. 

Article 17 (Government Online-Offline)

The municipal department of planning and resources shall establish and perfect an administration and supervision system for the map examination and approval, by relying on the platform of government service “governmentonline-offline”, optimize the procedures for map examination and approval and application services, and provide efficient and convenient services for the applicants.

Article 18 (Prohibitive Requirements)

No unit or individual shall publish, display, carry in publications, sell, import or export maps that do not comply with the relevant standards and provisions of the State, or carry or mail                                                                                                                                                                                                                                                                                                                                            maps that do not comply with the relevant standards and provisions of the State into or out of the country.

In the case of importing or exporting maps, the documents of map approval upon examination and the number of map examination and approval shall be submitted to the Customs according to law. 

Article 19(Joint Supervision and Administration)

The municipal department of planning and resources shall, jointly with the departments of education, culture and tourism, radio and television, transport, commerce, market regulation, communications, press and publication, film, cyberspace, and customs, establish and perfect a joint map supervision and administration working mechanism, and strengthen the supervision and inspection over the map compilation, publication, display, carrying in publications, production, sale, import, export and such other activities according to law.  

Article 20 (Requirements of Departmental Cooperative Examination)

Where primary or secondary textbooks, publications, films, TV serials or relevant advertisements involve maps, the departments of education, press and publication, film, radio and television, and market regulation shall examine the number of map examination and approval simultaneously while conducting relevant examination and approval. 

Article 21(Requirements of Units’Cooperation)

Where airports, passenger stations, rail traffic stations and public places such as museums, exhibition centers and science and technology museums exhibit maps, the management unit shall examine the number of map examination and approval.

Where TV stations, internet video program service units examine the contents of programs to be played and such contents involve maps, they shall examine the number of map examination and approval synchronously.

Where the printing materials printed by a printing unit involve maps, the unit shall examine the number of map examination and approval.

Article 22 (Requirements of Map Use in Exhibitions)

The hosting unit of exhibitions shall, before an exhibition begins, notify the exhibition participating units and the exhibition service units of the relevant requirements of correctly using the maps, and examine the numbers of examination and approval of the map exhibits and the numbers of examination and approval of other maps used in the exhibition activity.

The municipal and district competent departments of commerce shall, jointly with the municipal department of planning and resources, strengthen the publicity of correctly using maps in the exhibition activity.    

Article 23 (Requirements of E-commerce Platform Operators’ Supervision)

E-commerce platform operators shall supervise and urge the map operators within their platforms to do their business activities according to relevant provisions on the map administration.

Article 24 (Supervision over Uploading and Publishing Maps on Internet)

No unit or individual shall upload, via the internet, the map with demonstrations of the content that must not be marked on a map according to relevant provisions of the State.

The municipal department of planning and resources shall, jointly with such relevant departments as communication and cyberspace, apply intelligence and information technology to conduct a dynamic supervision over the act of map publishing on internet service websites.  

Article 25 (Requirements on Internet Map Services)

Internet map service units shall use the maps that have been legally examined and approved, establish an internet map data security management system, take security guarantee measures, enhance the examination and checking of internet map publishing, geographic information marking and other newly added contents, and handle the filing procedures according to the provisions.

The map database and other databases used by internet map service units to provide services must not store or record the contents that, according to the relevant provisions of the State, shall not be marked on a map.

Internet map service units shall establish an emergency handling mechanism, and when finding the map information transmitted by their websites carry the contents that shall not be marked, they shall immediately stop the transmission, save the relevant records, and report to the relevant departments according to the provisions.

Article 26 (Requirements on Advertisement Publishing)

Where a map is used to publish an advertisement, the relevant provisions on advertisement and map administration shall be observed, and various important geographic information on the names and boundaries of administrative areas or the names of important places must not be affected.

Article 27 (Supervision and Inspection)The municipal department of planning and resources and other relevant departments have the right to take the following measures when legally conducting the supervision and inspection:

1. entering the sites where there is a suspected violation of law to conduct an on-site inspection;

2. checking and duplicating relevant materials such as contracts, vouchers and account books; and

3. Sealing up and detaining the maps, products attached with map graphics that are suspected of violating the law, and the equipment, tools and raw materials used for the illegal acts regarding maps.

Article 28(Credit Administration)

Where relevant units or individuals violate the provisions of these Procedures, relevant departments shall, according to the provisions of the State and this Municipality, include the relevant discredit information into the Municipal Service Platform for Public Credit Information and take disciplinary measures according to law. 

Article 29 (Guiding Provision)

Where laws or rules have had provisions on the punishment for a violation of the provisions of these Procedures, such provisions shall prevail.

Article 30 (Handling of Violation of the Requirements of Notification and Commitment)

Where an applicant commits an act of breaking his/her commitment, he/she shall be handled according to the relevant provisions on the notification and commitment administration for administrative examination and approval.

Article 31 (Administrative Liability)

Where a relevant department or its staff member has any one of the following acts that violate the provisions of these Procedures, its/his/her competent department or the supervision organ shall order it/him/her to make a correction; if the case is serious, sanctions shall be imposed on the person-in-charge and other persons directly responsible according to law; if the act of the person-in-charge or other persons directly responsible constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.

1. not making a decision of administrative licensing or handling the approval documents according to law;

2. not investigating or handling an illegal act when finding it or upon a received complaint of illegal act; or

3. other acts of not performing its/his/her duties according to the provisions. 

Article 32 (Effective Date)

These Procedures shall be effective as of July 1, 2021. The Provisions of Shanghai Municipality on the Administration of Map Compilation and Publication promulgated by Decree No. 71 of Shanghai Municipal People’s Government on October 25, 1999, and amended and re-promulgated according to the Decision of Shanghai Municipal People’s Government on Amending 148 Sets of Regulations of the Municipal People’s Government Including the Interim Provisions of Shanghai Municipality on Handling Agricultural Machinery Accidents promulgated by Decree No. 52 of Shanghai Municipal People’s Government on September 20, 2010, shall be repealed simultaneously.