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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 14:37
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Chapter Law Content

Title: Land Surveying and Mapping Act CH
Category: Ministry of the Interior(內政部)
Chapter VI Management of the Survey Industry
Article 31
Any survey industry should employ more than one professional survey engineer and the engineers should hold a registered practicing engineer license and have more than two years of practical experience. Also, the industry should employ at least two surveyors and the surveyors should be supervised and managed by the professional survey engineer.
The afore-mentioned surveyor shall have one of the following qualifications:
1. Pass the professional survey engineer examinations.
2. Pass the public servant examinations at either the advanced level or the general level or equivalent special examinations related to surveying division of land administration section, land survey, survey, surveying and mapping, cadastral survey and any other subjects that are related to surveying and mapping.
3. Pass the accreditation examinations held by public career-training institutions of Level A or Level B surveyors.
4. Graduates of survey engineering or related departments (academic subject areas) at or above the level of senior high schools or vocational schools.
5. Holders of supporting documents (such as certificates or diplomas) that can prove that the holders have attended 720 hours or above of professional training courses on surveying and mapping provided by government agencies or institutions approved by the central authority concerned to provide such training courses and have passed relevant tests or examinations.
Article 32
The operation of the survey industry is limited to be carried out ONLY by the following organizations:
1. Professional survey engineer offices.
2. Companies.
3. Professional engineering consulting firms.
Article 33
The registered scope of business of the survey industry include the work of planning, research, analysis, assessment, appraisal, accreditation, empirical testing and production of surveying and mapping.
Article 34
Professional survey engineers and surveyors who run the survey industry or are employed to practice in the sector should regard themselves as full-time continuous employees who should focus on practicing the surveying and mapping business in the sector and are prohibited to be engaged in any part-time work or job position. However, this restriction does not apply to professional survey engineers and surveyors who are recognized by the central authority concerned to be able to work part-time in teaching, doing researches, conducting disaster inspections, appraisals and doing other businesses or holding other job positions.
Should the owner of the survey industry become aware that the professional survey engineers and surveyors violate the previous regulation (regarding the full-time employment), the owner should notify the full-time professional survey engineers and surveyors to resign from his/her part-time job or business before a certain deadline. Those who do not resign when the deadline is met will be fired from his/her full-time employment.
Article 35
Owners of the survey industry should fill out an application form and submit the form with the following documents to apply for the business operation permit from the central authority concerned:
1. The identification document of the applicant, or the company business operation (or business) registration certificate and the identification document of the person in charge, or the registration certificate of the professional engineering consulting firms that applies to be a professional engineering consulting firm and the identification document of the person in charge.
2. Supporting documents for professional survey engineers and surveyors; those who are employed by a survey industry should also submit the employment agreement documents.
3. Other supporting documents that are pronounced by the central authority concerned as the required supporting documents.
The previous rule does not apply to architects who follow the Architects Act to conduct surveying of the building and its physical environment, the professional engineering consulting companies/firms, professional engineer offices or the construction companies that employ survey or relevant professional engineers or the companies of which the surveying and mapping business falls under the scope of engineering work, technical services or other labor according to the Act Governing the Administration of Professional Engineering Consulting Firms, the Professional Engineers Act or the Construction Industry Act.
Article 36
The survey industry run by an entity of the type of company organization should complete the company registration within six months after obtaining the permit. Should the deadline be missed, the permit would be made invalid by the central authority concerned. However, one extension of a period of three months can be granted for exceptional cases with proper reasons.
Article 37
The survey industry should join the professional survey engineers association or the industry association one month after the company registration is completed. Business cannot be commenced until the business registration has been filed to and issued by the central authority concerned. Should the survey industry miss the deadlines, the permit will be made invalid by the central authority concerned.
If there is no local professional survey engineers association or industry association in the place that the survey industry is registered, the firm is permitted to join a national professional survey engineers association or the industry association.
Once the operation begins, any modifications made with respect to the permitted or registered items of business shall be reported to the central authority concerned by submitting an application of modifications registration with relevant supporting documents within 30 days of the modifications.
Article 38
The survey industry should place the business registration, relevant certificates and the certificates of professional survey engineers on a place in the office that clients can easily see these documents.
Article 39
When the survey industry closes the business or is bound over to close the business, the survey industry should return the business registration certificate to the central authority concerned to be marked before returning it to the survey industry. The same procedure applies when the business is allowed to continue.
When the survey industry suspenses the business, the business registration certificate should be sent back to the central authority concerned within 30 days after the suspension of the survey industry should also complete the registration cancellation. Should the survey industry fail to send back the certificate for marking on or before the deadline, the central authority concerned would cancel/invalidate its registration certificate and make the relevant announcement.
Article 40
The registration certificate is valid for 4 years. Renewals shall be completed 60 days prior to the expiration. The survey industry that do not renew the registration certificate will be deemed as the survey industry of which the businesses are terminated.
Article 41
The results of the consigned surveying and mapping tasks should be audited by professional survey engineers according to the audit regulations.
The type of applicable certification, the implementation scope, certification items and rules concerning other required documents should be decided upon by the central authority concerned with the competent authority of the Professional Engineers Act.
Article 42
The survey industry, professional survey engineers and surveyors are obligated NOT to disclose any secret and confidential information they learn during the course of by conducting the business.
Should any of the secret and confidential information learned by the survey industry, professional engineers and surveyors involve issues regarding national security or military secrets, survey industry, professional survey engineers and surveyors are obligated to abide by the rules of the National Security Information Protection Act and other relevant legal regulations.
Article 43
The central authority concerned shall inspect the business of the survey industry or the items prescribed in this Act for the survey industry and the practicing professional survey engineers to follow. When carrying out the inspection, the central authority concerned may request the survey industry or the practicing professional engineers to provide supporting/proof documents, charts, booklets and relevant information. The survey industry and the practicing professional survey engineers are not allowed to avoid, deter or reject such requests.
Article 44
The central authority concerned may select and award the well-performing survey industry. The reason for the award, the selection process and the method of the award shall be set forth by the central authority concerned.
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