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Administrative Measures On Construction Project In Ningxia Hui Autonomous Region, Involving National Security Matters

Original Language Title: 宁夏回族自治区涉及国家安全事项建设项目管理办法

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A project management approach involving national security matters in the Nin summer self-government area

(The 30th ordinary meeting of the Government of the People's Party of the New summer Self-Government, held on 31 March 2009, considered the adoption of Decree No. 14 of the People's Government Order No. 14 of 1 April 2009, which was launched effective 1 May 2009)

Chapter I General

Article 1 protects national security in order to strengthen the management of projects related to national security matters, in accordance with the National People's Republic of China's administrative licence law, the People's Republic of China National Security Act and the relevant decisions of the State.

Article 2

Article III. This approach refers to construction projects involving national security matters, which are defined in urban and rural planning by more than the people's Government in the establishment area as new construction, alteration, expansion projects in the area of national security control, as well as construction projects outside the national security control area, alterations and expansions that meet national security requirements:

(i) International airports, entry points, terminals, postal hubs, telecommunications hubs;

(ii) Involvements, restaurants, writing buildings, apartments and holiday villages;

(iii) Other construction projects under the law, legislation and regulations related to national security matters.

The national security control area referred to in this approach refers to the construction of controlled areas that are to protect the safety of key State organs, military facilities, defence research and military enterprises, which are part of the National Security Agency and the rural and urban planning authorities in their vicinity.

Article IV provides administrative approval and oversight for construction projects involving national security matters in the self-government and in the municipality's national security authority.

Urban and rural planning, land resources, development reforms, national secrets, business, tourism and military authorities should be aligned with the supervision of national security authorities in projects related to national security.

Article 5. New construction, alteration, expansion of projects involving national security matters, without approval by national security authorities, rural and urban planning authorities and construction project authorities do not conduct the clearance process and construction units are not allowed to start work.

Chapter II Application and admissibility

The construction of new units covering national security matters (hereinafter referred to as applicants) shall apply to national security authorities before applying for administrative approval procedures to urban and rural planning authorities and construction project authorities.

The applicant's application for national security clearance shall submit the following materials:

(i) The application for the selection of a site opinion or the construction of a licence application for the planning of a licence;

(ii) A copy of the registration certificate;

(iii) A copyright certificate for the development of property;

(iv) The basic scale of 1:500 construction projects, half a 500 m map;

(v) Approval, approval, documentation for construction projects.

Article 7. Reimbursement, expansion of construction projects involving national security matters, and the applicant shall apply to national security authorities before applying for clearance procedures to the urban and rural planning administrative authorities.

The applicant's application for national security clearance shall submit the following materials:

(i) The construction project alteration or expansion of applications;

(ii) A copy of the registration certificate;

(iii) A copyright certificate for the development of property;

(iv) The basic scale of 1:500 construction projects, half a 500 m map;

(v) The alteration or expansion of engineering planning involves construction maps;

(vi) The imagination of a management system design programme;

(vii) Relevant documentation for construction projects by the authorities.

Article 8. The applicant may, individually or by commissioning his or her agent, apply to national security authorities.

Applications may be submitted through letters, telegraphs, fax, electronic data exchange and e-mail.

Article 9. National security authorities shall communicate the basis, conditions, procedures, deadlines and the material required by the applicant, the model text of the application.

The applicant requests that the national security authorities provide clarifications and explanations of the content, and that national security authorities should clarify, interpret and provide accurate information.

In applying for approval by national security authorities for projects involving national security matters, the applicant shall be accountable for the authenticity of the application.

Article 11 Applications submitted by national security authorities to the applicant shall be treated according to the following circumstances:

(i) The applicant shall be informed by the applicant if the application is not required by law;

(ii) The application matter is not in accordance with the law relating to the scope of the project relating to the construction of State matters, and should be made inadmissible;

(iii) The error in the application of the material to be corrected at the present stage should allow the applicant to be corrected at the present stage;

(iv) The applicant's full or incompatibility with the statutory form should be informed at the time that the applicant needs to be filled;

(v) The scope of the application relates to the construction of national security matters, the full, statutory form of the application, or the applicant has submitted all of the applications in accordance with the requirements of the national security authorities.

The National Security Agency shall receive or be in a position to approve the application, and shall have written letters containing the names of the special seals, the dates indicated and the reasons.

Chapter III Review and decision

Article 12 National security authorities should review the applicant's submissions.

The applicant's submissions are fully and in accordance with the statutory form, and the national security authorities are able to make decisions at the time and should give approval to the building of views.

The substance of the application is required to be verified and the national security authorities should assign more than two staff members to conduct field verification.

After a review of the application by the national security authorities, and in addition to the approval of the proposal for the construction of the opinion, it should be decided by law within 20 days on the basis of the following:

(i) Approval of building opinions for projects consistent with national security requirements;

(ii) With regard to construction projects that do not meet national security requirements, the applicant should submit to the applicant a security precautionary requirement for construction projects in the areas of planning, design, construction, use and use, and the applicant must, upon request, report the approval of the building of opinions by the national security authorities for the implementation of national security measures;

(iii) Without approval of the building of views on projects that are still not consistent with national security requirements through national security preventive measures.

National security authorities cannot take a decision within 20 days, with the approval of the Head of State Security, 10 days may be extended and the reasons for the applicant's extension.

Article 14. The National Security Agency shall, within five working days of the date of the decision, send the applicant with approval of the building of the opinion.

The National Security Agency has made no approval of the construction of opinions by law and should provide reasons in the opinion and inform the applicant of the right to apply for administrative review or to initiate administrative proceedings.

In parallel with the approval by law of the construction of opinions, national security authorities should enter into a letter of responsibility for the maintenance of national security matters with the licensee to clarify the obligation of the licensee to defend national security.

Article 16 provides that national security authorities approve projects relating to national security matters and should comply with the relevant provisions of the administrative licence law.

The National Security Agency is not charged with any fees for the processing of project approvals involving national security matters.

Chapter IV Oversight management

Article 17 states that national security authorities should make public public coverage of national security-related construction projects and be able to provide relevant advisory services.

The specific scope of national security-related construction projects published by national security authorities should be agreed with the relevant administrative authorities.

Article 18 The national security authorities should monitor, in accordance with the law, the construction activities related to national security matters, and correct violations in a timely manner.

The supervisory inspection units should support and cooperate with national security agencies.

Article 19 National security authorities should establish a joint mechanism with the relevant administrative authorities to coordinate and address related issues in a timely manner.

National security authorities should be consulted when the urban and rural planning administrative authorities develop overall rural and urban planning.

Article 20, concerning the need for national security-related construction projects, should be designed, synchronized and synchronized with construction projects; it should be synchronized with the costs incurred by the construction units.

Article 21 concerns the completion of the construction project on national security matters, and the National Security Agency should conduct a special test of the implementation of national security preventive measures in the construction project, which can be used by the competent project party.

The second article concerned the use of national security-related construction projects, and the national security authorities should conduct oversight inspections of the implementation of the National Security Responsibilities for the Defence of National Security Matters by the construction units and conduct safe inspections and monitoring of the use of national security preventive measures.

Article 23 Construction units are responsible for the day-to-day management and maintenance of national security-related preventive facilities in the construction of national security matters, deliberately or failing to cause damage to national security-protection facilities, and should be responsible for restoring the status quo and for the costs borne by the responsible person.

Chapter V

In article 24, the applicant conceals the relevant situation or provides false material for approval of projects involving national security matters, which are being converted by the National Security Agency for a period of time; rejects the correctness, is inadmissibility or does not give approval for the construction of opinions and alerts.

Article 25 The applicant obtains, by deceasing, bribeing, the approval of the construction of opinions involving national security matters, a warning by the national security authorities and the withdrawal of a letter of ratification, a fine of $3000 to $100,000; and criminal liability under the law.

Article 26 Construction units violate article 6, paragraph 1, Article 7, paragraph 1, and article 21, of this approach, are warned by the State security authorities to correct the deadlines; they are overdue, with a fine of $3000 to $100,000.

Article 27, administrative authorities, such as urban planning, land resources, and their staff members, violate article 4, paragraph 2, of this approach, stipulating in article 5 that they affect or endanger national security, and that the competent and other direct responsible persons directly responsible are treated in accordance with the law.

Article 28, the National Security Agency and its staff members, in their work on the regulation of projects relating to the construction of national security matters, violate the relevant provisions of the administrative licence law and punish the competent and other direct responsible persons directly responsible, in accordance with the relevant provisions of the regulations governing the disposition of civil servants of the executive branch; and constitute a crime and hold criminal responsibility under the law.

Annex VI

Article 29 of this approach is preceded by construction projects that fall within the scope of article 3 of this approach and are not approved by national security agencies, and should be subject to approval by the construction project authorities and to the processing of the case files to national security authorities.

Article 33