Shenzhen Construction Projects Involving Matters Of National Security Management Interim Provisions

Original Language Title: 深圳市建设项目涉及国家安全事项管理暂行规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Shenzhen construction projects involving matters of national security management interim provisions

    (September 7, 2009, Shenzhen People's Government announced order No. 209 come into force on January 1, 2010) Chapter I General provisions

    First in the interests of national security, standardize construction project management in matters involving national security, in accordance with relevant laws and regulations, combined with the municipality, these provisions are formulated.

    Referred to in the provisions of article-building projects involving matters of national security management, refers to the State security organs on a construction project in site selection, planning, implementation matters relating to national security in the construction approval, supervision and management of the activities.

    Provisions of this article shall apply within the administrative area of the city the following construction projects:

    (A) vital facilities such as ports of entry;

    (B) security control construction projects in the region.

    Mentioned in the fourth article of the provisions of the safety control, and means for protection of important State institutions and key sectors of security, in its building control areas around out at arm's length.

    Important State organs and vital sectors determined in accordance with the relevant provisions of the State.

    Fifth article security control regional by Shenzhen national security organ, and Shenzhen national confidential sector led, municipal sent modified, and section trade letter, and planning land, and construction, and civil defence, administrative competent sector and Shenzhen garrison, in Shenzhen national security organ security assessment of based Shang, combined Shenzhen economy and social development planning, and city general planning, and land using general planning, common delineation and reported Shenzhen City Government (following referred to municipal government) approved Hou, and this provides while implementation.

    Security control areas by the provisions of the preceding paragraph in accordance with important State organs and key sector changes dynamic adjustment and reported to the municipality for approval.

    No unit or individual without the approval of the municipal government, are not allowed to publish content security control areas.

    Sixth State security organs in Shenzhen are Shenzhen construction projects involving national security matters approval, supervision and management of the Department.

    City development and reform, science, industry and trade, planning and land, building, civil defense, security and other administrative departments, as well as the Shenzhen garrison command, shall, in accordance with their respective responsibilities, to establish appropriate working mechanisms, common good management of construction projects involving national security matters.

    Seventh National Security Authority shall organize the relevant departments to establish the Shenzhen construction projects involve matters of national security management mechanism, establishment of an information sharing platform, to the municipal development and reform, trade and industry, land planning, construction, civil defence, confidentiality and inform the Shenzhen garrison security control area, critical facilities scope of approval and construction projects involving national security matters and share information.

    Chapter II administrative examination and approval

    Article eighth Department of urban planning and land administration development in relation to security control area of statutory plans, urban immediate plan annual implementation plan and for bidding, auction and listing transfer security control area within the scope of State-owned land, should be programmed, transfer programmes prior written seeking the views of Shenzhen, State security organs.

    Nineth Department of planning and land administration in issuing these regulations within the scope of article III new construction land use planning conditions or changes in planning permission, it shall notify the applicant to apply to the State security organs in Shenzhen licensing procedures in handling construction projects involving national security matters.

    Project is a government investment of the provisions of the preceding paragraph, references to the parallel approval of investment projects implementation plan of Shenzhen Municipal Government regulations.

    Tenth article of the scope of the provisions of article-building projects did not get permission from the construction project involving matters of national security, the construction unit shall not bid for the construction project planning permit, may not engage in construction activities.

    Section 11th for construction projects related to matters of national security permits, the applicant shall submit to the State security organs in Shenzhen the following documents:

    (A) construction project development unit business license or registration certificate;

    (B) project site map and topographic map;

    (C) project planning and design;

    (D) other materials required by the national security authorities.

    Application materials are complete, Shenzhen State security organs shall accept; submissions are not aligned, Shenzhen State security organs should be informed at once of its supplementary material through other means such as mail, electronic document submissions are not aligned, Shenzhen State security organs shall, within three working days from the date of receipt of the material once informed of their supplementary material.

    12th Shenzhen State security organs in accordance with national laws, regulations and relevant policy documents provides construction projects involving national security matters at the request of licenses.

    13th Shenzhen State security organs should be accepting construction projects involving national security matters within five working days from the date of the application for leave to make a written decision on its following, if for special reasons did not take a decision within the specified time limits, approved by the head of this body can be extended by five working days, and will extend their reason to inform the applicant in writing:

    (A) there are no factors affecting national security, consistent with national security requirements, make the decision to agree to the license;

    (B) the factors affecting national security, but by taking security precautions can eliminate security risks, due to the applicant, and construction projects in the planning, design, construction, use and other aspects of safety requirements, formulated by the employer State safety improvement plan;

    (C) construction projects on factors affecting national security, through national security measures still cannot eliminate security risks, disapproval decision. 13th 14th article of the provisions of article by implementing national security measures corrective actions to eliminate hidden dangers, consistent with national security requirements, the applicant may apply to the State security organs in Shenzhen again.

    Shenzhen State security organs shall be accepting specific corrective actions related to national security measures within five working days as of making licensing decisions by implementing national security measures improvement plan does not eliminate risks, not to permit and notify the applicant in writing.

    15th State security organs in Shenzhen to make licensing decisions, are required by law to detection, identification and expert review, licensing decisions should be made before the expiration of the term, will require detection, identification or notify the applicant in writing of the expert review, the time required for these provisions are not included in the 13th, 14th deadline.

    16th Shenzhen State security organs and construction projects involving national security matters license, licensee shall be signed with the State security organs in Shenzhen of the responsibility in the interests of national security matters, clear project national security responsibilities and their rights and obligations, issued the license in projects involving national security matters.

    The responsibility in safeguarding national security matters by the Shenzhen Municipal State security organs in accordance with the People's Republic of China national security law and the provisions of other relevant laws and regulations, combined with the needs of national security work.

    17th construction projects the need to implement national security measures, set up related facilities and equipment, it should be synchronized with the project design, construction, the costs included in the project budget.

    18th Shenzhen State security organs in the implementation of these procedures of administrative licensing and supervisory activities shall not be purchased from the applicants designated commodities and to accept paid services or other improper requests shall not solicit or accept applicant's property, shall not seek other interests.

    19th construction project approved by the State security organs in Shenzhen after the completion by the Shenzhen Municipal State security organs on relevant national security facilities of construction projects for specific acceptance.

    Special unqualified acceptance of State security facilities, inspection of finish of construction administrative departments shall not handle formalities.

    Article 20th construction projects within the scope of the provisions of article, transfers to overseas institutions, organizations, individuals, Department of planning and land administration after the completion of the transfer of registration shall promptly transfer the registration information input information sharing platform, and share information.

    21st construction projects put into use in matters involving national security, State security organs are responsible for national security in Shenzhen facility and the maintenance of national security matters regularly conduct supervision and inspection of the implementation of the responsibility.

    Chapter III liability

    22nd construction projects responsible for national security national security facilities should be routine management and maintenance, resulting in damage to State security facilities, should be responsible for restitution, the required fee shall be borne by the person themselves.

    Article 23rd licensee responsible for national security or construction projects without permission from the national security agency, without authorization, shall obtain the permission of activities by the Shenzhen Municipal State security organs ordered to correct, and in accordance with the People's Republic of China national security law the relevant provisions of the warning, reprimand or ordered to repentance, and to inform planning and land and construction administrative departments according to law.

    Article 24th licensee, or project responsible for national security, one of the following acts, by the Shenzhen Municipal State security organs ordered to correct, and in accordance with the People's Republic of China national security law the relevant provisions of the warning, reprimand or ordered to repentance; overdue reform, Shenzhen State security organs shall not handle special acceptance procedure, inspection of finish of construction administrative departments shall not handle formalities:

    (A) not complying with the requirements of the national security authority to take national security facilities or national security facilities that do not meet the requirements;

    (B) in accordance with the requirements of the maintenance responsibility for national security matters perform the obligation of safeguarding national security.

    25th licensee or construction guarantees the children of national security national security facilities and construction projects in the synchronous operation of intelligent integrated management system, by the Shenzhen Municipal State security organs ordered to correct, and in accordance with the People's Republic of China national security law the relevant provisions of the warning, reprimand or ordered to repentance.
Article 26th licensee responsible for national security or construction projects without the consent of Shenzhen State security organs in the construction of projects put into use, unauthorized dismantling, damage national security facilities, in accordance with the People's Republic of China National Security Law 27th article shall be punished.

    27th licensee responsible for national security or construction projects for government agencies, institutions or their staff, of a violation of this provision, appointment and dismissal by the Shenzhen Municipal State security organs related materials transfer Office or supervisory organs shall be subject to administrative liability.

    28th the licensee or the national security responsibilities of construction project violates the provisions constitute a crime, criminal responsibility shall be investigated according to law.

    29th national security authority and the municipal development and reform, Shenzhen branch, industry and trade, land planning, construction, civil defence, administrative authorities in violation of the provisions on secrecy, failure to perform duties, by their superiors or a supervisory agency ordered corrective action and directly responsible for the charge and other direct liable persons shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated according to law.

    During the 30th State personnel in the implementation of the provisions of article, abuse of authority, dereliction of duty, favoritism or other illegal acts, by appointment and removal or the supervisory organs shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated according to law.

    The fourth chapter by-laws

    31st before the implementation of these provisions are under construction or have been built, construction projects that fall within the scope of the provisions of article, Shenzhen State security organs, based on national security needs, require that the property unit handle matters involving national security management record, signing of the responsibility in the interests of national security matters.

    Commission property service management may be made by the property services companies the obligation to implement the provisions of the preceding paragraph.

    32nd military restricted zones and military administrative zones and military zone perimeter security controls on construction projects within the scope of construction and use, in accordance with the People's Republic of China military facilities protection law and the People's Republic of China military facilities protection law implementing the relevant provisions of the measures implemented. 33rd article of the regulations come into force on January 1, 2010.