CHAPTER VI PROTECTION OF SURVEYING MARKERS

第二十四条 各单位和个人都有保护地上和地下的永久性测量标志以及在使用中的临时性测量标志的义务，不得损毁或者擅自移动，不得侵占永久性测量标志用地。

Article 24 Every unit and individual shall have the duty to protect permanent above-ground and underground surveying markers as well as temporary surveying markers still in use; any unit or individual may not damage, destroy, or without authorization remove surveying markers, nor seize or occupy the land used for permanent surveying markers.

在永久性测量标志安全控制范围内，不得采矿、取土、挖沙、采石、爆破、射击以及进行其他危害测量标志安全和使用效能的活动。

Within the security control area of a permanent surveying marker, no mining, earth-gathering, sand-excavating, quarrying, demolition, shooting and other activities which endanger the safety and effective utilization of the surveying markers shall be allowed.

第一款所称永久性测量标志，是指各等级的三角点、基线点、导线点、军用控制点、重力点、天文点、水准点的木质觇标、钢质觇标和标石标志，以及用于地形测图、工程测量和形变测量的固定标志和海底大地点设施等。

Permanent surveying markers as referred to in paragraph 1 of this Article include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points and leveling points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at seabed geodetic points.

第二十五条 建设永久性测量标志的单位应当对永久性测量标志设立明显标记。

Article 25 A unit that establishes permanent surveying markers shall set up distinct signs for such markers.

建设永久性测量标志的单位应当委托当地有关单位指派专人负责保管该测量标志。

A unit that establishes permanent surveying markers shall entrust an appropriate local unit with the designation of personnel for taking care of such surveying markers.

第二十六条 进行工程建设，应当避开永久性测量标志；确实无法避开，需要拆迁永久性测量标志或者使该测量标志失去效能的，建设单位应当取得设置永久性测量标志单位的同意，经国务院测绘行政主管部门或者省、自治区、直辖市人民政府管理测绘工作的部门批准。建设单位应当支付迁建费用。

Article 26 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 removed or rendered ineffective, the construction unit shall acquire consent from the unit that has established the permanent surveying markers, and, obtain approval from the competent department of surveying and mapping administration under the State Council or from the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The construction unit shall bear the expenses for the removal and reestablishment of such markers.

第二十七条 测绘人员使用永久性测量标志，必须持有测绘工作证件，并保证该测量标志的完好。负责保管该测量标志的单位和人员，应当查验使用后的测量标志的完好状况。

Article 27 Surveying and mapping personnel, when employing permanent surveying markers, must hold surveying and mapping work certificates and ensure that the surveying and mapping markers remain in good condition. The unit or individual responsible for taking care of the surveying and mapping markers shall inspect and examine if they are intact after employment.

第二十八条 违反本法规定，未经测绘资格审查违法经营测绘业务的，由省、自治区、直辖市人民政府管理测绘工作的部门或者其授权的部门责令停止测绘业务，没收违法所得，可以并处违法所得百分之五十至百分之一百的罚款。

Article 28 Those who, in violation of the provisions of this Law, have illegally engaged in surveying and mapping for commercial purposes without having their qualification of surveying and mapping verified shall be ordered to suspend their surveying and mapping activities, have their illegal incomes confiscated, and may additionally be imposed a fine thereon ranging from 50% to 100% of their illegal gains, by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

第二十九条 违反本法规定，施测前未按照规定进行测绘任务登记的，由省、自治区、直辖市人民政府管理测绘工作的部门或者国务院授权的部门责令停止测绘。

Article 29 Units that, in violation of the provisions of this Law, fail to have their surveying and mapping missions registered according to regulations prior to performing any surveying and mapping shall be ordered to suspend their surveying and mapping by the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council.

第三十条 测绘成果质量不合格给用户造成损失的，测绘单位应当承担赔偿责任。

Article 30 A surveying and mapping unit shall be liable for compensation for any losses caused to a user or users by its substandard surveying and mapping results.

多次测绘成果质量不合格给用户造成损失的，由省、自治区、直辖市人民政府管理测绘工作的部门或者其授权的部门取消其测绘资格。

A surveying and mapping unit whose substandard surveying and mapping results have many times caused losses to a user or users shall have its qualification of surveying and mapping divested by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

第三十一条 当事人对行政处罚决定不服的，可以在接到处罚通知之日起十五日内，向作出处罚决定的机关的上一级机关申请复议；对复议决定不服的，可以在接到复议决定之日起十五日内，向人民法院起诉。

Article 31 A party refusing to accept a decision on administrative sanctions may, within 15 days from receiving the notification of such a decision, apply for reconsideration to the authorities next higher to the authorities that have made the sanction decision; if the party refuses to accept the reconsideration decision, it may, within 15 days from receiving the reconsideration decision, bring a suit before a people's court.

当事人也可以在接到处罚通知之日起十五日内直接向人民法院起诉。当事人逾期不申请复议，也不向人民法院起诉，又不履行处罚决定的，作出处罚决定的机关可以申请人民法院强制执行。

 A party may also bring a suit directly before a people's court within 15 days from receiving the notification of the sanctions. If, upon the expiration of the time limit, the party has not applied for reconsideration, nor brought a suit before a people's court, nor complied with the sanction decision, the authorities that have made the sanction decision may apply to the people's court for compulsory execution.

第三十二条 阻挠测绘人员依法进行测绘的，损毁、擅自移动永久性测量标志或者进行其他危害永久性测量标志安全和使用效能活动的，依照治安管理处罚条例的规定予以处罚。

Article 32 Those who obstruct surveying and mapping personnel from carrying

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