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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Administrative measures on construction project in Ningxia Hui autonomous region, involving national security matters

    (March 31, 2009, Ningxia Hui autonomous region people's Government for the 30th General meeting on April 1, 2009, the people's Government of Ningxia Hui Autonomous Region promulgated as of May 1, 2009, 14th) Chapter I General provisions

    First to strengthen the management of construction projects involving national security matters, the interests of national security, in accordance with the People's Republic of China administrative licensing law and the People's Republic of China national security law and the decision of the State Council, these measures are formulated.

    Second autonomous region within the administrative area of construction projects involving national security matters, approving, and monitoring management activities, these measures shall apply.

    Article construction projects involving national security matters mentioned in these measures refers to municipal people's Government above the town and country planning in the districts within a designated national security controlled area in new construction, renovation or expansion of projects, as well as in national security controlled areas outside the building, renovation or expansion of construction projects are required to meet the national security requirements:

    (A) International Airport, ports, terminals, postal hub, telecommunications hub;

    (B) hotels, restaurants, office buildings, apartments and resorts;

    (C) the laws and regulations of other construction projects that involve matters of national security.

    National security controlled areas mentioned in these measures refers to in order to protect the important State organs, military facilities, security of national defense scientific research and military industrial enterprises, by the national security authority in conjunction with the urban planning departments in its building control areas surrounding a certain distance out.

    Article fourth autonomous regions and districts, State security organs on matters involving national security, the implementation of administrative examination and approval and oversight of construction projects management.

    Town and country planning, land and natural resources, development and reform, national security, the administrative departments for industry and commerce, tourism and the military authorities, shall cooperate with the State security organs, supervision and management of construction projects involving national security matters.

    Five new construction, renovation or expansion projects in matters involving national security, without the approval of the national security agency, urban planning departments and authorities not process the relevant examination and approval procedures of construction projects, the construction unit shall not commence construction.

    Chapter II application and acceptance

    Sixth new units of construction projects involving national security matters (hereinafter the applicant), to town and country planning department and construction project Department before applying for the relevant administrative examination and approval procedures, shall apply to the national security agency approval in national security matters.

    Applicants for approval on national security matters, shall submit the following materials:

    (A) the siting application or applications for planning permission for construction;

    (B) the copy of the registration certificate;

    (C) real estate development qualification certificate copy;

    (D) the basic scale 1:500 the radius of 500 meters of construction project map;

    (E) the approval of construction projects, approving, and filing.

    Seventh renovation or expansion projects involving national security matters, the applicant applied to the urban planning administrative departments before going through the relevant approval procedures, shall apply to the national security agency approval in national security matters.

    Applicants for approval on national security matters, shall submit the following materials:

    (A) the application for conversion or extension construction project;

    (B) the copy of the registration certificate;

    (C) real estate development qualification certificate copy;

    (D) the basic scale 1:500 the radius of 500 meters of construction project map;

    (E) conversion or extension works plan involving construction illustrations;

    (F) the design scheme of intelligent integrated management system;

    (VII) relevant documents of authorities for construction projects.

    Article the applicant personally, or authorize an agent to apply to the State security organs.

    Application may be by letter, telegram, telex, fax, electronic data interchange and e-mail form.

    Nineth State Security Agency approval of construction projects involving national security matters should be based on, conditions, procedures and time limit as well as list of materials submitted by the applicant, the application model, workplace publicity.

    Applicant claims national security authorities publicized description, explanation, State security organs should indicate, explain and provide accurate information.

    Article the applicant to the national security agency when applying for the approval of construction projects in matters involving national security, shall submit the relevant materials and reflect the true situation, and responsible for the authenticity of their application materials.

    11th State security organs of the applicant's application should be dealt with separately according to the following conditions:

    (A) the application does not require approval in accordance with law, shall inform the applicant immediately;

    (B) the application does not belong to the State according to law matters range of construction projects, shall immediately make a decision inadmissible;

    (C) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;

    (D) the application materials are incomplete or not in compliance with the statutory form, and shall immediately inform all applicants need to supplement the content;

    (E) for matters within the scope of construction projects involving national security matters, application materials are complete and comply with the statutory format, or the applicant in accordance with the requirements of the national security authority of all corrections have been submitted application materials should be accepted.

    National security agencies to accept or not to accept an application for approval, shall certificate with the Special seal, written notice of the date and state the reasons.

    Chapter III examination and decision

    12th National Safety Authority shall review the application materials submitted by the applicant.

    Applicant to submit the application materials are complete and comply with the statutory format, the national security authorities to take a decision on the spot, shall be issued on the spot approval submissions.

    Need to verify the substance of the application materials, State security organs shall be assigned more staff to conduct on-site verification.

    13th State security organs shall review the application materials, apart from the issue on the spot approval submissions, should in the 20th, under the following circumstances, a decision according to law:

    (A) construction project to meet the national security requirements, issue approval submissions;

    (B) on the construction project does not meet the requirements of safeguarding national security, shall provide the applicants proposed construction projects in planning, design, construction and use of the security requirements, the applicant must be in accordance with the requirements of national security measures to implement specific programmes reported to the State security organs for examination and approval, issued by the approved construction documents

    (C) through the adoption of national security measures still do not meet the requirements of safeguarding national security and construction projects, issued by the construction submissions shall not be approved.

    National security agencies cannot make a decision in the 20th, approval by the head of the State security organs, you can extend the 10th, extension and shall inform the applicant of the reason.

    Article 14th approved decisions of the State security organs shall within 5 working days from the date of the decision, the applicant approved submissions.

    Issued by the national security authorities shall not approve the construction submissions, should justify in the submissions, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative suit.

    15th State security organ at issue approved opinions at the same time, it should be signed with the licensee of the responsibility in the interests of national security matters and clear obligation to licensee to protect national security.

    16th State security authorities to approve construction projects involving national security matters, shall comply with the relevant provisions of the administrative licensing law.

    National security authorities for construction of project examination and approval procedures in matters involving national security, do not charge any fees.

    Supervision and administration of the fourth chapter

    17th State security organs should be open to the public the specific scope of construction projects involving national security matters, and related consulting services.

    National Security Agency published the specific scope of construction projects involving national security matters, shall consult with the relevant administrative departments.

    18th State security organ shall on matters involving national security activities related to building construction project supervision and inspection, promptly correct violations.

    Supervision and inspection of work units shall support and coordinate national security agencies.

    19th national safety authority should work with relevant administrative departments to establish a joint meeting system, coordinate related issues in a timely manner.

    Administrative departments when developing urban and rural overall planning of urban and rural planning, should seek the views of the State security organs.

    Article 20th construction projects involving national security matters of national security measures need to be implemented should be synchronized with synchronization design, construction, construction projects involving intelligent integrated management system should be run synchronously, the costs borne by the employer.

    Article 21st after completion of the construction project in matters involving national security, State security organs should be on a construction project in the implementation of preventive measures for specific acceptance of national security, upon the acceptance of the construction project can be put into use.

    22nd construction projects put into use in matters involving national security, State security organs for construction units should be the implementation of the maintenance responsibility of the supervision and inspection of the situation on national security matters, national security precautions for safety inspections and the use of supervision and management.

    23rd building unit is responsible for matters involving national security national security facilities on a daily basis in the construction project management and maintenance, intentionally or negligently causes damage to State security facilities, should be responsible for restitution, costs borne by the responsible person.

    Chapter fifth penalty

    24th the applicant to hide relevant information or provides false information to apply for approval of construction projects in matters involving national security, ordered by the State security organs to correct; it refuses to inadmissible or not issued approval submissions and given a warning.
25th applicant by fraud, bribery or other improper means to obtain project approval submissions in matters involving national security, given warnings by State security organs, and to withdraw approval submissions from 3000 to 10000 Yuan fine constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 26th violates this article sixth paragraph, seventh and 21st in the first paragraph article, given warnings by State security organs, a rectification; fails, fine of 3000 to 10000.

    27th the urban and rural planning, land and resources administrative departments and their staff, such as violations of this article fourth second, fifth, article, effects or damage to the national security, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

    28th State security organs and their staff in matters involving national security in construction supervision of project approval, in violation of relevant provisions of the administrative licensing law, directly in charge of personnel and other persons in accordance with the relevant provisions of the regulation on the punishment of civil servants of administrative organs the offender constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    29th before the implementation of these measures under construction or have been built using this approach within the scope of article-building projects without the approval of the national security agency, shall take the project approval document of the competent Department, filing procedures with the national security authority. 30th article of the rules take effect on May 1, 2009.

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