Tianjin City Over The Transfer Of Infrastructure Management

Original Language Title: 天津市城市基础设施移交接管管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351856.shtml

Tianjin City over the transfer of infrastructure management

    (April 1, 2011 Standing Committee of the Tianjin Municipal People's Government, the 69th review by people's Government of Tianjin City, June 13, 2011 38th announced as of August 1, 2011) in order to regulate the transfer of urban infrastructure over the first, clarify employer and management rights, obligations, guarantees the city infrastructure was put into normal use, in accordance with the relevant laws and regulations, combined with the municipality, these measures are formulated.

The second building, renovation or expansion of government financing for urban infrastructure construction projects, was completed by employer handed over maintenance management, these measures shall apply.

Urban infrastructure in these measures include:

(A) urban roads, highways, bridges and ancillary facilities;

(Ii) public transport (station);

(C) urban drainage and river banks;

(D) road lighting, landscape lighting and auxiliary facilities;

(E) parks, green spaces, squares;

    (Vi) other municipal infrastructure.

    Third city over the transfer of infrastructure should be on the basis of mutual cohesion, harmony and unity, the principle of effective management. Article fourth construction Administrative Department in conjunction with the relevant departments over the transfer of urban infrastructure.

    City Gardens, transportation, ports, water supply, municipal roads, and urban infrastructure-related authorities in accordance with their responsibility to take over the transfer of urban infrastructure-related work.

Article fifth units shall in accordance with the planning, design, construction quality standards and technical specifications for the construction of urban infrastructure, and facilities maintenance management in a timely manner after the acceptance of transfer.

    Takeover procedures before the completion of the transfer, the construction unit is responsible for the maintenance and management of urban infrastructure.

    Sixth maintenance management unit should take over the urban infrastructure in a timely manner, and taken over in accordance with the relevant provisions and technical specifications for implementing the conservation and management of urban infrastructure. Article seventh construction Administrative Department legal approval for urban infrastructure construction projects, conservation management authorities should be invited to participate.

    Conservation conservation management advice and recommendations of the management authorities, should leave complete written records; meet the views of national and municipal specifications and standards and recommendations and should be adopted.

Eighth after the construction units shall obtain a construction permit in the 15th to the relevant management authority maintenance record, and submit the following materials:

(A) the employer's name, and other basic information of the legal representative;

(B) the project name, location, structure, size, facilities and other basic information;

(C) investigation, design, construction and supervision of relevant qualifications;

(D) the laws, rules and regulations will need to provide additional material.

    Units not to handle the maintenance records, facility after the completion of maintenance and management may refuse to take over.

Nineth conservation management authorities after receiving the filing shall promptly determine the maintenance unit, and within 5 working days from the date of receipt of the record material inform the employer in writing of the following:

(A) the maintenance organization name, Office address and contact information;

(B) the transfer of the city's infrastructure requirements of a take-over;

(C) maintenance is required during the construction process management units involved in the matter.

    Conservation management authorities fail to determine the conservation management units, by the Department of conservation management in place of conservation management units involved in activities related to the construction process.

Tenth unit shall notify the maintenance unit to participate in the following activities:

(A) urban infrastructure construction gives the low-down;

(B) involves the use of design changes;

(C) acceptance;

(D) maintenance and management to the construction authorities have expressed the need to participate in other activities. Conservation management units involved in activities in the preceding paragraph finds enough to conservation issues affecting management, shall be made in writing to the employer and suggest improvements, the construction unit shall be heard.

    Consultations on this subject are controversial and not in accordance with the provisions of article 18th.

    11th acceptance should be in charge of construction of urban infrastructure sector and municipal, district (County) conservation management authorities participate; acceptance standards requirements are not met, the construction unit shall make correction and documented.

12th the construction unit shall upon completion of acceptance filed within 30th transfer of conservation management units provide the following materials:

(A) completion report and proof of acceptance for the record;

(B) the record of the construction contract;

    (C) construction and other technical material and status of underground pipeline material.

13th conservation management unit of audited materials after receipt of transferred material shall, within 15 working days from the date of the receipt of complete information on site verification and other related work.

Verification of urban infrastructure could be transferred to take over, and conservation management units shall be 5 business days after completion of the verification work and construction units to surrender to take over agreement.

    Verification opinion that urban infrastructure maintenance management units does not have the takeover conditions of transfer, consultation and construction units should be solved through consultation, in accordance with the provisions of article 18th.

Article 14th took over the transfer agreement shall set out the following information:

(A) the employer, the maintenance management of name;

(B) the transfer of related materials;

(C) engineering warranty liability conventions;

    (D) other matters need to be agreed by the two sides.

    15th maintenance unit takes over the transfer agreement of the responsibility for the maintenance of urban infrastructure management from the day of signing responsibility, except where the parties have agreed otherwise.

    16th transfer of fixed assets property rights in urban infrastructure needs, by the employer and management in accordance with State and municipal regulations. Article 17th after the maintenance and management of urban infrastructure to handle formalities, conservation management units should be approved in a timely manner to the new facility amount and submit Department of conservation management; conservation management authorities should be transferred over a month ago when a new facility amount and cost of maintenance management submitted to the financial Department, but except for costs associated with warranty of engineering quality.

    Financial sector based on the audit results and budgetary arrangements in the agreement on the transfer of maintenance and management costs after taking over the contract paid in a timely manner, and to monitor usage. 18th construction and maintenance unit in urban infrastructure construction and transfer in the process of taking over a dispute, should be resolved through consultation. Through consultation, organized by the construction administrative departments coordinated conservation management authorities.

    Coordination is still not resolved, determined by the construction administrative departments of the people's Governments at the corresponding level. 19th construction units should be transferred without transfer, conservation management units should be taken over without taking over and monitored by the competent departments, heads of authorities directly responsible and other persons directly responsible shall be investigated for criminal liability.

    Negligently caused by the delayed handover or delay the takeover, shall be investigated for legal responsibility. 20th these measures come into force on August 1, 2011. Before the implementation of these measures has been and acceptance of formalities but did not complete the transfer took over urban infrastructure, construction, management and maintenance unit shall, from the date of implementation of this approach in the 30th transfer over procedures; transfer in the process of taking over a dispute in accordance with the provisions of article 18th.