Hunan People's Air Defense Works In Property Management

Original Language Title: 湖南省人民防空工程产权管理办法

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(April 14, 2004 Hunan Province Government 28th times Executive Conference considered through May 25, 2004 Hunan Province Government makes 187th, announced since July 1, 2004 up purposes) first article to specification people air defense Engineering (following referred to civil defense engineering) property management, guarantees civil defense engineering investors and using who of lawful rights and interests of, promote civil defense engineering construction, according to People's Republic of China people air defense method, legal, and regulations, combined this province actual, developed this approach.
    Article within the administrative area of civil air defence works in the province's application of this approach to property management. Civil air defense projects in these measures in article, refers to guarantee relative to the staff and supplies shelter and medical aid, construction of underground air defense command, a separate protective building (hereinafter referred to as the single civil air defense projects) and construction of basement combined civil (hereinafter referred to as junction civil air defense projects).
    But except for confidential projects such as air defense command.
    Property rights of civil air defense works in these measures refers to the ownership of civil air defence works, civil air defense projects one of the owners in accordance with the civil air defense projects is entitled to possess, utilize, profit from and dispose of the rights, including mortgage, rental and other rights. Fourth principle of who invest, who all civil air defense projects.
    Obey the Government unified call in time of war. Article fifth civil air defense engineering property right registration certification of management systems.
    Civil air defense engineering certificates of title for existing property rights certificate without property right certificate issued civil air defense projects.
    Article sixth civil air defense project owners to possess and use, mortgaging, leasing and disposition of civil air defence works and gains of the legitimate rights and interests protected by law.
    Civil air defense projects by the owner and users to fulfil maintenance obligations shall not be destroyed, dismantles civil air defense engineering and protective equipment facilities or changing the main structure of civil air defense projects, reduce the protective effect.
    Seventh competent administrative departments of people's Governments above the county level people's air defence (hereinafter referred to as competent administrative Department of Defense) is responsible for the identification, supervision and inspection of civil air defense works and property management.
    City and County property management is responsible for civil air defense engineering property right registration. Eighth article construction civil defense engineering, should law made land right, and to land administrative competent sector application land right registration: (a) on knot built civil defense engineering with to, by land administrative competent sector in ground buildings of land right certificate upload Ming underground civil defense engineering of area, and layer number, and standard high matters; (ii) on Dan Jian civil defense engineering with to, by land administrative competent sector issued land right certificate (underground), and contains Ming underground civil defense engineering of area, and is located location, and layer number, and elevation,
    And the ground characteristics of the land, (c) Dan Jian civil air defense engineering entrance channel, vents and other lands on the ground, issued by the Department of land administration land use right certificates; really necessary by others shall obtain the land use right of the land, ownership by civil air defense engineering or construction and the acquisition of the land units of signing of the agreement.
    Nineth junction civil air defense projects after completion, the construction unit accreditation issued by the competent administrative Department for civil defense and construction administrative departments, with construction Administrative Department proof of filing to the primary registration of ownership of real estate management authority for civil air defence works, uploaded by the property management property ownership certificate on the ground out of underground area, the number of layers and so on.
    Single civil air defense projects after completion and acceptance, by the construction completion report to the competent administrative Department of civil defense, with record issued by the competent administrative Department of civil defense to prove to the primary registration of ownership of real estate management authority for civil air defence works, issued by the property management housing ownership certificates, contain underground area, location, the number of layers and other matters, and civil air defense engineering survey maps.
    Article tenth through sale, gift, Exchange, inheritance, segmentation, alliances, mergers, merger, Division, transfer of ownership of civil air defence works in the circumstances, by the assignee to the property management Department apply for registration of transfer of ownership of civil air defence works.
    Article 11th non-ownership of the State-owned civil air defense projects or national civil air defense engineering possession, and use of bankruptcy or dissolution, civil air defense projects by building or assignee of all or the possession or use of the land, by the assignee to the property management Department apply for civil air defence works ownership transfer registration or change of registration.
    12th civil air defense project area, non-State-owned civil air defense project owner or State-owned civil air defense projects have, and use the name, the legal representative changes in registered items, the Parties apply for registration of change of ownership of civil air defense engineering to real estate management.
    13th civil air defense projects to a mortgage, by the mortgagor to mortgage of real estate management authority for civil air defense works.
    Article 14th by the competent administrative Department of Defense approved the dismantling or scrapping of civil air defence works, by the party to the real estate management Department application for cancellation of registration of ownership of civil air defense engineering.
    15th civil air defense engineering leasing, lease to the property management Department. 16th air defence works ownership transfer, modification or mortgage, leasing of civil air defense engineering, should also apply to the land administrative departments of the corresponding registration of land.
    Among them, civil air defense projects belonging to the State shall, in accordance with the relevant provisions of the relevant procedures of the State-owned assets management.
    Article 17th civil air defense projects registered with the registration of property rights and land tenure procedures, respectively, in accordance with the property registration and land registration regulations.
    Property management property registration of civil air defence projects should be time copy at the competent administrative Department of civil defense.
    Real estate, land administrative departments shall, in accordance with article 18th housing, land property right management provisions, civil air defense engineering drawings, books, tables, cards and other data collection is complete, archive, for safekeeping.
    19th air defense, real estate or land administrative departments and their staff in violation of the regulations, favoritism, abuse or failure to perform duties, the competent authority shall order correction in serious cases, the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    20th article of the rules take effect on July 1, 2004.
                                                                                              Before the implementation of these measures has been to build civil air defense projects not to handle the property registration of civil air defence works, in accordance with these measures shall go through registration procedures; civil air defense engineering registration information is not complete due to objective reasons, civil air defense engineering issued by the competent administrative Department of civil defense, where civil defense project found that proved that go through registration procedures.