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Construction Project Of Guangdong Province Involving Matters Of National Security Regulations

Original Language Title: 广东省涉及国家安全事项的建设项目管理规定

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Construction project management provisions involving national security matters in the wider province

(Adopted at the twelfth 16th ordinary meeting of the Government of the Great Britain and Northern Province on 4 December 2013, No. 193 of 23 December 2013, by the Decree No. 193 of 23 December 2013, to publish implementation effective 1 February 2014.

Article 1 establishes this provision in the light of the National Security Act of the People's Republic of China, the Government of the People's Republic of China and the relevant laws, regulations and regulations.

Article 2, paragraph 2, applies to activities of national security authorities to carry out clearance, supervision and management of construction projects involving national security matters in accordance with the law.

Article 3 is responsible for the management of national security projects within the province's administration that involve national security matters. National security authorities at all levels are responsible for the management of national security projects in the current administration.

Relevant sectors such as development reform, urban and rural planning, land resources, confidentiality, radio and television should be managed within their respective responsibilities in connection with national security matters.

National security agencies should organize the sectors set out in the previous paragraph, establish joint mechanisms for the management of construction projects involving national security matters, provide timely briefings on the administrative approval of construction projects dealing with national security matters and coordinate monitoring management.

Article IV. The management of construction projects involving national security matters should be guided by the principles of law management, accessibility, efficiency and quality services.

The following Article 5 projects fall under construction projects involving national security matters:

(i) The construction projects in the vicinity of major national organs, military facilities, research units and military units;

(ii) Construction projects such as entry shores, mails and fast processing sites, telecommunications hubs;

(iii) Other construction projects involving national security clearance should be carried out by law.

The scope set out in paragraph 1 above is to be determined by national security authorities at all levels, in accordance with the planning of economic and social development, urban and rural planning, land-use master planning, in accordance with relevant sectors such as rural and urban planning, with approval by the provincial national security authorities.

Article 6. Urban-rural planning authorities should seek the views of national security authorities when developing urban and rural planning projects related to construction under Article 5.

The views of national security authorities should be sought when the land administration solicits tenders, auctions, walls give the State the right to land use in relation to construction projects under article 5 of this provision.

The construction units provided for in article 5, paragraph 1, of this Article shall be subject to the approval of national security matters by national security authorities prior to the application of a nuclear address to the urban and rural planning authorities.

There is no need under law for a nuclear address to be issued, and construction units or individuals should be subject to approval by national security authorities prior to applying for the construction of a licence for the planning of land or village construction planning.

Article 8. The rural and urban planning authorities shall communicate to the national security authorities the applicant for the approval of national security matters in the case of a request for a choice of residence, a request for the construction of a land planning licence or a village-building planning licence.

Article 9. When national security authorities approve construction projects involving new construction, alteration, expansion and national security matters, the following shall be reviewed in conformity with national security provisions:

(i) Selection and use;

(ii) Design programmes for imagination systems and offshore satellite-based access facilities;

(iii) Other elements of a review of national security matters should be undertaken.

Article 10 Applications for the establishment of a project choice site involving national security matters, and the applicant shall submit the following materials to the national security authorities:

(i) The selection of project sites for approval of national security matters;

(ii) A description of the nature of investment in construction projects, the use of functions and the surrounding geographical environment;

(iii) The licence of the construction unit or the organization of the registration certificate;

(iv) A half-way of 500 metres outside the construction divide: a map of the ground or a total of 1:500 square maps;

(v) Engineering planning design programmes;

(vi) Other submissions.

Article 11. When national security authorities receive requests for information, the following shall be treated separately:

(i) The error in the application of the material to be corrected at the present stage should allow the applicant to be corrected at the present stage;

(ii) The submission of material is incomplete or incompatible with the statutory form and should be communicated to the applicant at any time or within 5 days to the extent that the applicant is required to fill the full content, which is later unnoticed and is admissible from the date of receipt of the request;

(iii) The application for full, consistent with the statutory form, or the applicant shall be subject to an administrative licence application in accordance with the request for the full replenishment of the material.

Article 12 National security authorities should review the applicant's submissions.

In accordance with statutory conditions and procedures, the substance of the application is required to be verified and the national security authorities should assign more than two staff to verify.

In the course of the review, national security authorities found that the construction project involved secret State matters and should seek the advice of the confidential administration.

National security authorities should take a decision to grant administrative licences within 20 days of the date of receipt of the application. No decision could be taken within 20 days and, with the approval of the Head of the National Security Service, 10 days could be extended and the reasons for the extension period should be communicated to the applicant. There is a need to test, validate and assess expert evaluations, and the time required is not calculated for the duration of administrative licences. National security authorities should communicate the time required in writing to the applicant.

After reviewing the application of administrative licences by national security authorities, decisions should be taken on the basis of different circumstances:

(i) Pursuant to national security requirements, a written decision to grant a licence, and a licence for construction projects involving national security matters;

(ii) Incompatible with national security requirements, written decisions that do not permit, by adopting national security preventive measures, are still unable to eliminate the security hidden, justify and inform the applicant of the right to apply for administrative review or administrative proceedings in accordance with the law.

While construction projects are not in line with national security requirements, through national security preventive measures, the security authorities should submit to the applicant, in writing, security precautionary requirements for construction projects in the design, construction, use and rehabilitation programmes for national security preventive measures. The applicant may revert to the National Security Agency after the implementation of the National Security Preventive Measures Rehabilitation Programme.

Article 14. Construction projects require the implementation of national security preventive measures, the establishment of facilities, equipment, and the planning, parallel design and construction of construction projects, and the inclusion of costs in construction work budgets.

Article 15. Construction units or individuals shall be established in accordance with conditions established in connection with national security matters; changes in approval matters shall be made to the authorized organs for review of the application and for decision in accordance with article 13 of this provision.

Article 16, when construction units or individual organizations have completed construction projects involving national security matters, the participation of national security agencies should be informed.

Article 17 states that national security authorities shall monitor, in accordance with the law, the construction activities related to national security matters and correct violations in a timely manner. Construction units, construction units should support and complement the oversight management of national security agencies.

Construction units, use units are responsible for the day-to-day management and maintenance of national security preventive facilities.

Article 18 provides oversight inspections by national security authorities and shall not prevent the normal production of the parties from requesting or receiving the property of the parties and shall not seek other benefits.

National security authorities have a confidential obligation to implement the known commercial secrets of the inspection.

Any unit and individual found violations of this provision should be reported to the national security authorities in a timely manner, and national security authorities should be addressed in a timely manner.

National security authorities should keep the information of the reporting person confidential.

In violation of this provision, the National Security Agency should be responsible for the change of the deadline and impose a fine of more than 300,000 dollars in the year 2000.

(i) Self-implementation of construction without the permission of national security authorities;

(ii) Failure to implement the National Security Preventive Restructuring Programme or the national security-protection measures taken are incompatible with the requirements;

(iii) Construction or use of conditions established by the self-removal licence without approval by the national security authorities;

(iv) The construction projects that need to be completed in national security matters have not been experienced and have been used for themselves;

(v) The destruction, removal or cessation of the use of national security preventive facilities without the permission of national security authorities.

Article 21, in violation of this provision by national security authorities or relevant administrative authorities, abuse of power, play negligence, favouring private fraud in construction projects involving national security matters, and the transfer of criminal responsibility by the judiciary.

Article 22 provides for the establishment and use of construction projects in the area of military bans and their peripheral security control and in the military administration area, in accordance with the relevant provisions of the Law on the Protection of Military Facilities in the People's Republic of China, the approach to the protection of military facilities in the People's Republic of China.

Article 23