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Shanghai, Shanghai Municipal People's Government On The Revision Of The Implementing Rules For The Management Of Security In The Hotel Industry's Decision

Original Language Title: 上海市人民政府关于修改《上海市旅馆业治安管理实施细则》的决定

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Decision of the Government of the Shanghai City to amend the Rules for the Safety and Security of the Hotel in the Shanghai City

(Adopted at the 101st ordinary meeting of the Government of the Shanghai City, held on 28 March 2011, by Decree No. 62 of 30 March 2011 on the date of publication)

The Government of the city has decided to amend the Rules for the Enforcement of the Magistrates in the Shanghai City as follows:

Amending Article 2 as follows:

Using specialized accommodation facilities within this city, mainly on a daily basis, to provide accommodation services, should be subject to the hotel security management approach and the present rules.

Replace Article 4, subparagraph (iii), with the following:

The overall office of the hotel should be in line with other safety preventive requirements. More than 15 hotels, more than 50 beds or more than 500 square meters should be installed in accordance with national and municipal standards, as well as security technology preventive facilities, such as the emergency alert system.

Replace Article 7 with the following:

When hotels apply for licensing proceedings, documents approved by the superior authorities and related operational management, the construction graph showing passenger houses and the security management system should be submitted.

Delete article 9, paragraph 2.

Add a article after article 9 as article 10:

The hotels should register information on their effective identity documents and, within 3 days of the start of the work, the registration of the information to be sent to the local public security station.

Delete former article 10.

Amend Article 11 as follows:

Travel accommodations should be completed as required. Visitors who do not have effective identification documents should be sent to the public security station at the hotel location for the relevant proof.

The hotel should check the identity of the passengers, register information on valid identification documents and transmit information on the security management information system to the hotel industry within two hours of registration.

The hotels and their staff should be kept confidential in accordance with the law for the personal information of the passengers obtained during the accommodation registration process and must not be disclosed to other organizations and individuals.

Amend Article 12 as follows:

In the case of the dispatch of the goods, the passengers should take the initiative to cooperate with the inspection of the items sent by the hotel.

The hotels should strictly enforce the registration, receipt and handing procedures for the dispatching of items and may conduct security inspections of the items in place at the time of registration, in accordance with the requirements of the municipal public security authorities, and the denial of security inspections should not be sent; the hotel and its staff found that there were suspected prohibited items or dangerous items, should report to the public security organs and take control measures to protect the ground.

Amend Article 13 as follows:

The hotel should establish a visiting registration system. Those who enter the hotel facility should have the consent of the board and register their valid identity documents as required. Visitors may not exceed 23 hours on arrival.

Amend article 16 as follows:

A warrant against the public security authorities, a checklist should be appointed by the hotel to register, receive and verify in a timely manner. The hotels and their staff have found the following persons or goods to report immediately to the public security authorities and take control measures to protect the ground:

(i) Those who commit suspects or are tried by public security authorities;

(ii) prohibited items such as firearms, ammunition, control equipment, drugs and illicit publicity;

(iii) Dangerous items such as flammable explosive, bleaching, corruption and radio;

(iv) It is doubted that subparagraph (ii) and (iii) of this article may be.

Amend Article 17, paragraph 1, to read:

Passports are prohibited to bring hazardous items such as firearms, ammunition, control, drugs, illicit propaganda, etc. to the hotel.

Article 18, paragraph 1, was amended to read as follows:

Criminal activities such as prostitution, prostitution, cascabo, drug abuse and the dissemination of pornographic goods are prohibited in the hotel.

Article XIII, Add a article after Article 21, as Article 22:

In violation of the provisions of this rule, laws, regulations and other regulations have been dealt with in accordance with the relevant laws, regulations and other regulations.

Article 24, Reclassification of former article 23 as article 24, as follows:

In violation of the provisions of this rule, the hotel has one of the following cases, which is being corrected by the public security authority and fined by more than 1,000 yen; in serious circumstances, a fine of over 3,000 dollars.

(i) In violation of article 10, the information on the identification of staff is not registered as required;

(ii) In violation of article 11, paragraph 2, the information on the identification of a passenger identity document or the non-requirement of a request for registration, and the transmission of a passenger identity document;

(iii) In violation of article 11, paragraph 3, the disclosure of personal information by passengers;

(iv) In violation of article 12, paragraph 2, that a security inspection of the encumbered items is not carried out as required or that it does not comply with reporting obligations and take control measures to protect the site;

(v) In violation of article 13, no registration of the Visitors as required;

(vi) In violation of article 14, no inspection is conducted in accordance with the requirements;

(vii) In violation of article 16, there is no requirement for a warrant for the arrest of the public security authority, a registration verification of the documents or the failure to comply with the reporting obligations and take control measures to protect the site.

Reclassification of former article 24 into article 25 as follows:

The hotel staff, in violation of article 11, paragraph 3, disclose the personal information of the passengers and impose a fine of more than 200 million dollars.

Article 26 was deleted.

Article 27 was deleted.

In addition, in accordance with this decision, the order and language of some provisions are adjusted accordingly.

This decision is implemented since the date of publication. The application of the Rules for the Safety and Security of the hotel industry in the Shanghai City was re-published in accordance with this decision.

Annex: Rules for the management of security in the hotel industry in Shanghai City (amended in 2011)

(Adopted by the Government of the Shanghai City on 3 July 1990, in accordance with the decision of the Government of the Shanghai Municipalities to amend the provisions of the Convention on Registration of Companies in the Shanghai City, as amended by the Decision of the Government of the Shanghai Municipalities, issued by No. 128 of 18 November 2002, to amend the provisions of the Regulations of the Government of the Shanghai City and to issue amendments to the Regulations of the Government of the People's Republic of the Shanghai, in accordance with the Decision No. 62 of 20 December 2010 concerning the revision of the regulations of the provisional settlement of accidents in the Upper Sea City of 30 March 2011.

Chapter I General

Article 1 establishes this rule in the light of the provisions of the hotel security management approach.

The use of specialized accommodation facilities within the scope of Article 2, mainly on a day-to-day basis, to provide accommodation services, shall be governed by the hotel security management approach and the present rules.

Article 3. Municipal and district and district public security authorities are responsible for the management of the hotel industry in the city, with the primary responsibility:

(i) Approval of the security management of the hotel business;

(ii) To guide and oversee the construction, sound security management systems and the implementation of safety prevention measures at hotels;

(iii) To assist hotels in training their staff on operational knowledge, such as policing, firefighting;

(iv) Guarantee the legitimate rights and interests of hotels to operate and passengers.

Chapter II

Any unit and individual start-up hotels shall be in accordance with the following security provisions:

(i) The total area of hotel ownership should be over 30 square meters, with the average size of the beds in each passenger house not less than 4 square meters, with a high level of less than 26 metres; the average of the two-beds is not less than 6 square meters, but hotels operating under the civil defence facility are not allowed to have two-beds.

(ii) hotels should be relatively independent; the operating hotel component of integrated buildings should be separated from other parts; the accommodation of separate facilities should be installed along the side of hotel houses; and the entrance should have safety precautions.

(iii) The overall base of the hotel should be in line with other safety precautions. More than 15 hotels, more than 50 beds or more than 500 square meters should be installed in accordance with national and municipal standards, as well as security technology preventive facilities, such as the emergency alert system.

(iv) The housing structure of the hotel, firefighting equipment, entry points and corridors should be in line with the provisions of the People's Republic of China Fire Act and other fire safety regulations.

(v) The use of a hotel facility under the Civil Defence Land shall be in line with the relevant provisions of the Civil Defence Engineering Administration.

Article 5 hotels should establish security management systems and, depending on size and the number of in-service workers, be dedicated or part-time in accordance with the provisions of the relevant sectors, such as municipal public security authorities, fire defence personnel, and establish public security organizations in the workforce. Security, fire defence personnel should have some expertise.

Chapter III Approval procedures

Any unit or individual hotels shall apply for a licence procedure before the start of two months (including probationary business).

Article 7. When hotels apply for licensing proceedings, documents approved by the superior authorities and related operational management, the construction graph showing passenger premises and the security management system should be submitted.

Article 8. Public security authorities shall take a decision for approval within 15 days of the receipt of a licence application. The public security authorities may submit written improvements to the applicant's unit or individuals, in order to improve the condition of the opening of the licence, which is not in accordance with the conditions in which it is established.

No units or individuals that have been granted a hotel licence are not allowed to start the hotel.

Article 9 Changes in hotels to business administrations, write-offs, should be made available to the location within 3 days, to the district, to the district public security authorities or to the process of write-off licences.

Chapter IV

Article 10. The hotels shall register information on their effective identity documents and, within 3 days of the start of the work, shall send registration information to the local public security station.

Article 11 Travel accommodation should be completed as required. Visitors who do not have effective identification documents should be sent to the public security station at the hotel location for the relevant proof.

The hotel should check the identity of the passengers, register information on valid identification documents and transmit information on the security management information system to the hotel industry within two hours of registration.

The hotels and their staff should be kept confidential in accordance with the law for the personal information of the passengers obtained during the accommodation registration process and must not be disclosed to other organizations and individuals.

In the case of the dispatch of the goods, the passengers should take the initiative to cooperate with the screening of the items in the hotels.

The hotels should strictly enforce the registration, receipt and handing procedures for the dispatching of items and may conduct security inspections of the items in place at the time of registration, in accordance with the requirements of the municipal public security authorities, and the denial of security inspections should not be sent; the hotel and its staff found that there were suspected prohibited items or dangerous items, should report to the public security organs and take control measures to protect the ground.

Article 13. The hotel should establish a visiting registration system. Those who enter the hotel facility should have the consent of the board and register their valid identity documents as required. Visitors may not exceed 23 hours on arrival.

Article 14. The hotel should introduce a 24-hour system and conduct a special gateway. The trajectory time should not exceed one hour.

Article 15. Removals of passengers should be registered by hotels, kept in good custody and sought to return their owners. There was no recognition after three months of recruitment, and the public security authorities at the place should be surrendered.

Passives and other prohibited items left by the passengers should be immediately surrendered to the hotel defence sector and transferred to the local public security authority after the hotel defence.

Article 16 provides for an anti-suit order issued by a public security authority, a signing order, and the hotel shall appoint a specialized person to register, receive and verify in a timely manner. The hotels and their staff have found the following persons or goods to report immediately to the public security authorities and take control measures to protect the ground:

(i) Those who commit suspects or are tried by public security authorities;

(ii) prohibited items such as firearms, ammunition, control equipment, drugs and illicit publicity;

(iii) Dangerous items such as flammable explosive, bleaching, corruption and radio;

(iv) It is doubted that subparagraph (ii) and (iii) of this article may be.

Article 17 prohibits passengers from using prohibited items such as firearms, controlled devices, drugs, illicit propaganda, and hazardous items such as fuel, bleaching, corrosion and radio, to hotels.

Visitors are kept by public security authorities at hotel sites or by military.

Article 18 prohibits criminal activities in the hotel, such as prostitution, cascabo, drug abuse and the dissemination of pornographic goods.

In the hotel, the passengers shall not be subjected to alcohol breeding, private accommodation or transfer of beds.

Article 19 Each hotel facility shall be posted or placed in the city-related sectors for the uniform printing of the passenger accommodation provisions or for hotels.

Article 20, when public security personnel perform their official duties in hotels, documents should be presented in strict accordance with the law and the maintenance of the normal operation of the hotel and the legitimate rights of passengers.

Article 21, the hotel should implement security precautions, and hotel staff and passengers should assist in the management and detection of all types of cases in conjunction with public security authorities and receive oversight inspections.

Chapter V

Article 2 deals with violations of the provisions of this rule and the provisions of the relevant laws, regulations and other regulations are dealt with.

Article 23, in violation of article 8, paragraph 2, of the present Rules, provides for the opening of hotels, which may be warned by public security authorities or fined up to 200 dollars.

Unless the business is registered, the public security authorities should assist the business administration in the legal process.

In violation of the provisions of this rule, the hotel is one of the following cases, being corrected by a public security authority and fined by more than 1,000 yen; in the event of a severe fine of up to 3,000 dollars.

(i) In violation of article 10, the information on the identification of staff is not registered as required;

(ii) In violation of article 11, paragraph 2, the information on the identification of a passenger identity document or the non-requirement of a request for registration, and the transmission of a passenger identity document;

(iii) In violation of article 11, paragraph 3, the disclosure of personal information by passengers;

(iv) In violation of article 12, paragraph 2, that a security inspection of the encumbered items is not carried out as required or that it does not comply with reporting obligations and take control measures to protect the site;

(v) In violation of article 13, no registration of the Visitors as required;

(vi) In violation of article 14, no inspection is conducted in accordance with the requirements;

(vii) In violation of article 16, no registration verification of a warrant issued by a public security authority or the failure to comply with reporting obligations and take control measures to protect the site.

Article 25, paragraph 3, of the Constitution stipulates that the personal information of the passengers is disclosed by the hotel staff, with a fine of up to $50 million.

Article 26 hotels are in breach of the provisions of article 19 of this rule, and the public security authorities may be responsible for changing their deadlines.

Annex VI

Article 27 The provisional provision on the management of the hotel industry, approved by the Government of the Shanghai City on 28 May 1985, was also repealed. In the past, the relevant provisions of this city are incompatible with this rule and are implemented in accordance with this rule.