Thông tư 35/2016/TT-BTNMT

CIRCULAR

PRESCRIBING THE PROCESS FOR DISCLOSURE OF NATIONAL REMOTE SENSING SUPER-DATA

Pursuant to the Government’s Decree No. 21/2013/ND-CP of March 4, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Prime Minister’s Decision No. 81/2010/QD-TTg of December 13, 2010, prescribing the acquisition, storage, processing, exploitation and use of national remote sensing data; and Decision No. 76/2014/QD 2014, amending and supplementing a number of articles of Decision No. 81/2010/QD-TTg;

At the proposal of the Director of the Department of National Remote Sensing, the Director of the Department of Science and Technology and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates the prescribing the process for disclosure of national remote sensing super-data.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the process for disclosing national remote sensing super-data; and responsibilities and powers of agencies, organizations and individuals in the disclosure of national remote sensing super-data.

Article 2. Subjects of application

This Circular applies to agencies under the Ministry of Natural Resources and Environment and organizations and individuals involved in the disclosure of national remote sensing super-data.

Article 3. Requirements on national remote sensing super-data

1. National remote sensing super-data must be complete, accurate and timely and convenient for the exploitation and use of national remote sensing data.

2. The information on national remote sensing super-data shall be made in a manner convenient for access and use.

3. The language used for the disclosure of national remote sensing super-data is Vietnamese.

Article 4. Forms and means of disclosure of national remote sensing super-data

1. National remote sensing super-data shall be disclosed annually in writing and regularly in e-data.

2. National remote sensing super-data shall be disclosed on the e-portal of the Ministry of Natural Resources and Environment’s Department of National Remote Sensing.

Chapter II

PROCESS FOR DISCLOSING NATIONAL REMOTE SENSING SUPER-DATA

Article 5. Submission of remote sensing super-data

1. The Ministry of Natural Resources and Environment shall receive national remote sensing super-data gathered from the following sources:

a/ Remote sensing image-receiving stations managed by the Ministry of Natural Resources and Environment;

b/ Archives of agencies, organizations and individuals under the Ministry.

2. Remote sensing image-receiving stations managed by the Ministry of Natural Resources and Environment shall submit national remote sensing super-data received and collected monthly to the Ministry of Natural Resources and Environment via the Department of National Remote Sensing.

3. Agencies, organizations and individuals under the Ministry shall, via the Department of National Remote Sensing, submit to the Ministry of Natural Resources and Environment national remote sensing super-data purchased and received from foreign countries with state budget funds or through foreign exchanges, cooperation and aid, which is stored by their units within 3 (three) months after receiving remote sensing data.

4. Prior to submission, agencies, organizations and individuals prescribed in Clauses 1 and 2 of this Article shall edit the contents and forms of national remote sensing super-data according to the form provided in Appendix I to this Circular and shall bear responsibility for the accuracy and completeness of the submitted national remote sensing super-data.

5. The submitted national remote sensing super-data must contain the following information:

a/ Information of agencies, organizations and individuals that submit national remote sensing super-data;

b/ General information on submitted national remote sensing super-data (total number, total number of data with cloud cover of below 10%, partial topographic maps and areas with remote sensing data);

c/ Details on submitted national remote sensing super-data (information describing contents, origin, quality and processing measures) and information related to the production of remote sensing data.

6. Remote sensing super-data shall be submitted in document and digital forms.

7. The Department of National Remote Sensing shall assist the Ministry of Natural Resources and Environment in synthesizing national remote sensing super-data submitted by agencies, organizations and individuals.

Article 6. Editing and processing of national remote sensing super-data

The Department of National Remote Sensing shall assist the Ministry of Natural Resources and Environment in editing and processing national remote sensing super-data as follows:

1. To examine the accuracy and completeness of contents of remote sensing super- data information.

2. To update, process and edit remote sensing super-data information.

Article 7. Regular disclosure of national remote sensing super-data

1. The Department of National Remote Sensing shall regularly disclose national remote sensing super-data on its e-portal. In case its e-portal address changes, it shall notify the new address to agencies, organizations and individuals for implementation.

2. National remote sensing super-data shall be regularly disclosed according to the form provided in Appendix I to this Circular, covering the following information:

a/ Information of agencies, organizations and individuals that submit national remote sensing super-data;

b/ Total number of submitted remote sensing image scenes and plans;

c/ Total number of submitted remote sensing image scenes and plans with a cloud cover of below 10%;

d/ Remote sensing image areas;

dd/ Partial topographic maps and groups of information on national remote sensing super-data.

3. The Department of National Remote Sensing shall disclose national remote sensing super-data within 30 working days after receiving such from agencies, organizations and individuals.

4. The Department of National Remote Sensing shall make adjustments and corrections of errors of disclosed national remote sensing super-data.

Article 8. Annual disclosure of national remote sensing super-data

1. The Department of National Remote Sensing shall assist the Minister of Natural Resources and Environment in updating, synthesizing and making reports on national remote sensing super-data prior to December every year.

2. The contents of annual reports on national remote sensing super-data, made according to the form provided in Appendix IT to this Circular, must contain the following information:

a/ The situation on national remote sensing data from the time of disclosure of the previous year to that of the current year;

b/ Guidance for search for national remote sensing super-data;

c/ Technical specifications of national remote sensing data;

d/ The situation of exploitation and use of national remote sensing super-data.

3. Reports on national remote sensing super-data shall be approved by competent persons before being disclosed.

4. The Ministry of Natural Resources and Environment shall periodically disclose reports on national remote sensing super-data in December every year.

Article 9. Postponement of disclosure of national remote sensing super-data

1. In case national remote sensing super-data cannot be disclosed on schedule due to force majeure events (natural disaster, fire or war), national remote sensing super-data shall be disclosed immediately after such events are remedied.

2. The postponement of disclosure of national remote sensing super-data shall be posted on the e-portal of the Department of National Remote Sensing, clearly stating the reason of postponement.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Effect

This Circular takes effect on January 16, 2017.

Article 11. Organization of implementation

1. Agencies, organizations and individuals involved in the disclosure of national remote sensing super-data shall implement this Circular.

2. The Department of National Remote Sensing shall assist the Ministry of Natural Resources and Environment in examining the implementation of this Circular.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment for study for amendment and supplementation.-