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 of Guangdong Province involving matters of national security regulations

    (December 4, 2013 12th 16 meeting of the people's Government of Guangdong Province on December 23, 2013 193th promulgated by the people's Government of Guangdong province from February 1, 2014) first in order to standardize construction project management involving matters of national security, safeguarding national security, in accordance with the People's Republic of China national security law and the People's Republic of China administrative license law and related laws and regulations, combined with the facts of the province, these provisions are formulated.

    Provisions of this article apply to the State security organs in accordance with the building, rebuilding, expansion construction project involving matters of national security and approval, supervision and management of the activities. Article Province State security organs are responsible for construction projects involving national security matters within the administrative area of the province's national security management.

At the municipal level throughout the State security organs shall be responsible for the construction projects involving national security matters within the administrative area of national security management.

Development and reform, urban and rural planning, land and resources, security, radio and television, and other relevant departments shall, within their respective mandates, good management of construction projects involving national security matters.

    Department of State security organs should organize the provisions of the preceding paragraph, set up construction projects that involve matters of national security management mechanism to inform the administrative examination and approval of construction projects involving national security matters and coordinate supervision related to work carried out.

    Article fourth State security organs to carry out management work of construction project involving matters of national security, should follow the principle of administration according to law, convenient to the masses, improve efficiency and provide quality services.

Fifth the following items belong to construction projects involving national security matters:

(A) the important State organs, military installations, research units and military units around the building project;

(B) the places of ports of entry, mail and courier, and telecommunication infrastructure projects;

(C) approval in matters involving national security should be carried out in accordance with laws of other construction projects.

    The perimeter of the first provision of the preceding paragraph, at the municipal level throughout the State security organs according to administrative areas of the national economy and social development and planning, town and country planning, land use planning, in conjunction with the urban and rural planning and other relevant departments, and after examination by the provincial State security organs, submitted to the provincial people's Government for approval.

Article sixth urban planning departments establishment of urban and rural planning involving the article fifth under construction projects, should seek the views of the State security organs.

    Land administrative departments bidding, auction and listing State-owned land use right when it comes to construction projects under the article fifth, should seek the views of the State security organs.

Seventh article of the first paragraph of article fifth owner of the construction project, on application to the town and country planning department selection report issued by national security authorities for matters of national security should be prior approval.

    Law does not require the issuance of site submissions, the unit or individual applying for construction land use planning permits and rural construction planning permit should be declared to the national security agency before approving in national security matters.

    Eighth urban planning departments in accepting site submissions request applications for planning permission, building land and rural construction planning permission application, belonging to the projects listed in the article fifth, shall inform the applicant first declared national security matters to the State security organs for approval.

Nineth State security organs to new construction, renovation or expansion projects involving national security matters for approval, following compliance with the security provisions of the State should be reviewed:

(A) the location and use;

(B) the intelligent integrated system and design of ground satellite receiving facilities abroad;

    (Iii) other content relating to matters of national security review should be carried out.

Article tenth project site approval in matters involving national security, the applicant shall submit the following materials to the State security organs:

(A) project site approval application form related to matters of national security;

(B) investment properties, functions, documentation of the physical environment around;

(C) the employer copy of business license or registration certificate;

(D) building line outer radius 500.1-meter: 2000 topographic or 1:500 master plan;

(E) project planning and design;

    (Vi) other materials need to be submitted.

11th State security authorities after receiving the application materials, should be dealt with separately according to the following conditions:

(A) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;

(B) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (C) the application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall accept administrative licensing applications.

12th National Safety Authority shall review the application materials submitted by the applicant.

In accordance with the statutory conditions and procedures, need to verify the substance of the application materials, State security organs shall be assigned more staff for verification.

National Security Agency identified during the review of construction projects involving State secrets shall seek the views of confidential administrative departments. National Security Authority shall, from the date of acceptance of the application the decision whether or not to grant an administrative license in the 20th. 20th cannot make a decision, approved by the level head of the State security organs, you can extend the 10th, and shall inform the applicant of the reasons for such further period. Needs testing, evaluation and expert review, not counting the time required during the term of administrative licensing.

    Time required for national security authority shall inform the applicant in writing.

Article 13th after the national security agency to review the applications for administrative license shall make decisions based on different circumstances:

(A) meets the requirements of national security, to grant permission and a written decision, issuance of the license of construction projects involving national security matters;

(B) is inconsistent with national security requirements, through national security measures still cannot eliminate security risks, make determinations of disapproval, explain the reason, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Construction project does not meet the national security requirements, but by taking security precautions can eliminate security risks, State security organs should be submitted in writing to the applicant and construction projects in design, construction, use, and other aspects of safety requirements, safety improvement plan formulated by the applicant countries.

    Applicants implement national security precaution after corrective action, can again apply to the State security organs.

    14th construction projects the need to implement national security measures, set up related facilities, equipment, and construction project planning, design, and construction, the costs included in the project budget.

    15th construction units or individuals shall be in accordance with the approval conditions set for construction in matters involving national security; matters requiring change approval, shall apply to the approval authority, by that authority to review the application to change the matters, and in accordance with the provisions of decision on the 13th.

    16th construction units or individuals organizing construction projects involving national security matters when it is completed, it shall notify the State security organs to participate in. 17th State security organ shall on matters involving national security supervision and management of construction project-related construction activities, timely correction of violations.

Employer, the construction unit shall support and coordinate supervision and administration of State security organs.

    The construction unit, used units are responsible for the day-to-day management and maintain the national security facilities.

18th State security organs exercising supervision and inspection under article, does not impede the normal production and operation activities the Parties shall not solicit or accept the party's property, shall not seek other interests.

    National security agencies to keep strictly confidential all business secrets obtained in supervision and inspection obligations.

Article 19th any units or individuals found to have breached the provisions of the Act, shall be promptly reported to the State security organs, organs of State security shall without delay handle.

    State security organs should report information be kept confidential.

20th in violation of the provisions of any of the following acts, State security organs shall be ordered to correct, punishable by more than 20000 30000 Yuan following a fine:

(A) without permission from the national security agency without authorization and implementation projects;

(B) implementing national security measures corrective actions or preventive measures do not meet the requirements of national security;

(C) without the approval of the national security authority, unilaterally changed the licensing to determine the conditions for the construction or use of;

(D) final acceptance of construction projects requires national security matters without the acceptance of unauthorized use;

    (E) without permission from the national security agency, destruction, removal or cessation of use of national security facilities.

    21st State security organs or in violation of these provisions by the Administrative Department, in matters involving national security approval or supervision and management of construction projects, abuse of power, negligence, malpractice, the directly responsible person in charge and other direct liable persons shall be given disciplinary action; a suspected crime, judicial organs shall investigate the criminal liability.

    22nd military restricted area and perimeter security control and management on construction projects in the area of construction and use, in accordance with the People's Republic of China military facilities protection law and the People's Republic of China implementation measures for the implementation of the relevant provisions of the military facilities protection law. 23rd these provisions come into force on February 1, 2014.