Tianjin Construction Projects Involve Matters Of National Security Management Controls

Original Language Title: 天津市建设项目涉及国家安全事项管理的规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351831.shtml

Tianjin construction projects involve matters of national security management controls

    (April 1, 2011 Standing Committee of the Tianjin Municipal People's Government, the 69th review on April 10, 2011, Tianjin Municipal People's Government promulgated as of June 1, 2011, 37th), first in the interests of national security, standardize construction project management in matters involving national security, in accordance with relevant provisions of laws and regulations, combined with the municipality, these provisions are formulated.

    Within the provisions of this article apply to the administrative area of the city construction projects involving national security matters for approval and related supervisory activities.

    The provisions of article III of the said approval of construction projects involving national security matters, refers to the State security organs in the country according to law within the security controlled area, renovation or expansion projects the implementation of administrative Licensing Act.

National security controlled areas in fourth article of the rules, and refers to important State organs for the protection and security of key units in its building control zone around out at arm's length.

National security controlled areas within the administrative area of the city by the municipal State security organs in the assessment on the basis of security, together with the municipal planning departments to identify, and report to the municipal people's Government for approval.

    Adjust national security controlled areas in accordance with the procedure provided for in the preceding paragraph.

    Fifth article of the municipal State security agencies involving matters of national security in charge of construction projects approved and have been built and put into use supervision and management of construction projects involving national security matters.

Article VI land and housing reform, planning, development, construction, culture, radio, film and television, public security, industry and commerce, tourism, defense, security and other departments, as well as Jin forces, assist, cooperate with State security organs in the construction project management in matters involving national security.

    Former National Security Agency for relevant departments to establish under the relevant construction projects involving matters of national security management mechanism to inform the national security controlled areas range and approval of construction projects involving matters of national security, promote the coordination of related management.

    Seventh national security controlled areas within the building, rebuilding or expansion projects of unit or individual apply for site submissions to departments of urban and rural planning or planning conditions, urban and Rural Planning Department shall inform the applicant State security organs to apply for construction projects that involve matters of national security and approval procedures.

Eighth in national security within the control area, renovation or expansion projects of construction units or individuals shall be submitted to the national security agency approval of the following materials:

(A) the Tianjin project application form and copy of a valid travel document of the applicant;

(B) the proposed construction project investment properties, functions, peripheral geographical information note;

(C) copy of basic topographic map of 1:500 or 1:2000;

    (D) other material prescribed by laws, rules and regulations.

Nineth State security authorities within 10 working days from the day of acceptance of the application for review, and make decisions based on the following conditions:

(A) meets the requirements of safeguarding national security, and make a decision on licensing decisions;

(B) safeguarding national security requirements are not met, but taking the necessary security precautions to eliminate hidden dangers, national security authority shall submit a construction project in the design, construction, use, and so prevention of written request by written commitment of the applicant, may decide to grant licenses;

    (C) the site does not meet the national security requirements or through national security measures still cannot eliminate the risk, no permission and a written decision and reasons.

    Tenth after the completion of construction projects involving national security matters before going live, whether the national security agency construction projects should be consistent with national security requirements are checked, does not meet the requirements of the national security, order the rectification; if no correction or rectification is not qualified, shall not be put into use. 11th buildings to outside agencies or individuals to transfer, lease, gift, the assignor, the lessor, the donor shall be transferred, leased, gifts to the State security organs in the 15th days of filing.

    State security organs carry out supervision and inspection, building owner, users have an obligation to cooperate, refuse and obstruction. 12th national security controlled areas within the units and individuals have the obligation to protect State security facilities, working for the national security agency to provide the necessary facilities and other assistance.

    Found to have behavior that endangers national security, shall promptly report to the national security agency, national security agency as reporting units or individual confidentiality, in accordance with the relevant provisions, to give awards to units and individuals to report active.

    13th article violates these provisions, unit or individual without a national security agency approval of construction projects involving national security matters without authorization, construction, use, by the State security organs shall be ordered to stop construction, use, rectify; fails, a fine of between 10,000 yuan and 30,000 yuan.

    14th in violation of this provision, will be transferred, leased buildings to outside bodies or individuals, gifts, the assignor, the lessor, gifts not to national security authorities for the record, by the State security organs ordered to rectify; fails, fined a maximum of more than 1000 Yuan and 10,000 yuan.

    15th article violates this provision deliberately damaging and undermining national security facilities, by the State security organs shall be ordered to make restitution, and can be fined a maximum of more than 5000 Yuan and 10,000 yuan.

    Implementation of the provisions of article 16th 13th, 14th, 15th, offences provided for in article, national security agency may be admonished or ordered to repentance and constitutes a crime, criminal responsibility shall be investigated according to law.

17th State security organs in the course of routine management and supervision and inspection, construction projects should be owners, Business Manager, users of commercial secrets, and maintain their legitimate rights and interests.

    State security organs and their staff in carrying out their duties, abuse of authority, dereliction of duty, favoritism or other illegal acts, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law. 18th article of the regulations come into force on June 1, 2011.