(Decree No. 209 of Shenzhen Municipal People’s Government Promulgated on September 7, 2009)
Chapter One General Principles
Article 1 The provisions are formulated in order to safeguard the state security and regulate the management work of the construction projects that relate to the matters of state security according to the relevant state laws and regulations and the actual conditions of Shenzhen Municipality.
Article 2 The management of the construction projects that relate to the matters of state security here refers to the acts of the examination, approval, supervision and management that the state security organs carry out according to law in the matters such as the site selection, planning and construction of the construction projects that relate to state security.
Article 3 The provisions are applicable to the following construction projects in the administrative area of Shenzhen:
(1) important facilities such as the ports of entry and exit;
(2) construction projects within the security control zones.
Article 4 The security control zone here refers to a certain distance of construction control terrain being measured off around the state important organs and key sectors for the protection of their security.
The important state organs and key sectors are determined in accordance with relevant state regulations.
Article 5 The security control zones shall, based on the safety assessments made by the state security organs, be measured off mainly by Shenzhen state security organ and state secret-guarding departments, together with the municipal administrative departments such as the municipal development & reform, the science, industry, trade and information technology, the land planning , the construction and the civil defense and with Shenzhen Garrison, combined with the Shenzhen national economic and social development planning, the urban overall planning and the land use overall planning. After they are reported to and approved by the Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government), the zones and the provisions shall be implemented at the same time.
Any adjustment of the security control zones made according to the change of the important organs and key sectors stipulated in the previous article shall be reported to the municipal government for approval.
No unit or individual shall publish any contents of the security control zones unless approved by the municipal government.
Article 6 Shenzhen state security organ is the authority in charge of the examination and approval, supervision and management over the construction projects in Shenzhen that relate to the matters of the state security.
The administrative departments such as the municipal development & reform, the science, industry, trade and information technology, the land planning, the construction, the civil defense and the protection of confidential documents, and the Shenzhen Garrison shall, according to their respective duties, establish the corresponding mechanisms, and jointly do good management work of the construction projects that relate to matters of the state security.
Article 7 Shenzhen state security organ shall organize the relevant departments to establish the linkage management mechanisms of the relevant construction projects that relate to the matters of the state security, establish the information sharing platform, and inform in time the departments such as the municipal development & reform, the science, industry, trade and information technology, the land planning , the construction, the civil defense and the protection of confidential documents and Shenzhen Garrison of the examinations and approvals of the limits of the security control zones, important facilities and construction projects that relate to the matters of state security in order to realize the information sharing.
Chapter Two Management and Approval
Article 8 The urban planning and land administrative departments shall formulate statutory plans of the security control zones and the annual implementation schemes for short term construction development. If any state-owned land within the limits of the security control zone is to be sold through competitive bidding, auction and listing, the drown-up plan and the transfer plan shall be submitted to Shenzhen state security organ for advice.
Article 9 The land planning and state-owned land administrative departments shall notify the applicant to apply to Shenzhen state security organ for the licensing procedures or permits of the construction projects that relate to the matters of state security, when issuing the construction project planning permission for the new or changed construction planning within the limits prescribed in Article 3 of the Provisions.
If the project prescribed in the previous article is one invested in by the government, it shall be treated by reference to Shenzhen Implementation Scheme of Parallel Examination and Approval for Government Investment Projects hereof.
Article 10 Without the licensing procedures or permits of the construction project that relates to the matters of state security, the construction units shall not apply for the construction project planning permits or carry out any construction activities.
Article 11 Applying for the permit of a project that relates to the matters of state security, the applicant shall submit to Shenzhen state security organ the following materials:
(1) the business license or registration certificate of the construction project development unit;
(2) the construction project site map and topographic map;
(3) the construction planning and design alternative;
(4) other materials required by the state security organ.
Shenzhen state security organ shall accept the submitted materials if they are complete; if not complete, Shenzhen state security organ should notify the applicants at a time to supplement their materials; if the incomplete materials are submitted by means of mails or electronic documents, Shenzhen state security organ shall, within three days from the date of receiving them, notify the applicants at a time to supplement their materials.
Article 12 Shenzhen state security organ shall, in accordance with the state laws, regulations and relevant requirements prescribed in other policy documents, approve the construction projects that relate to the matters of state security.
Article 13 Shenzhen state security organ shall make written decisions within five working days from the date of receiving the application for the construction projects that relate to the matters of state security according to the following circumstances. If a decision can not be made within the prescribed time limit due to some special reasons, it may be extended for another five working days for the decision to be made after the approval of the person in charge and inform the applicant of the reason in writing:
(1) The agreement decision will be made if the project has no any impacts upon the state security and is consistent with state security requirements.
(2) If the project has some factors that influence the state security but can be eliminated through the adoption of state security measures, the state security organ shall require any applicant to provide the security measures in the planning, design, construction and use of the construction projects, and the construction units shall develop the improvement scheme of the state security measures of precaution.
(3) The disagreement decision will be made if the construction project has some impacts upon the state security that can not be eliminated through the adoption of state security measures of precaution.
Article 14 According to the provisions of Item 2 in Article 13, the applicant may apply again to Shenzhen state security organ for the construction project that has some factors having impact on the state security but being eliminated through the implementation of the state security measures and being made consistent with the state security requirements. Shenzhen state security organ shall then make the agreement decision within five working days from the date of receiving the improvement scheme of the state security measures of precaution. If the hidden dangerous factors can not yet be eliminated through the implementation of the improvement scheme of the state security measures of precaution, the organ shall inform the applicant of its disapproval in writing.
Article 15 If Shenzhen state security organ shall make a approval decision and the construction project need to be detected, appraised and reviewed by experts according to law, it shall notify the applicant of the items required in writing before the expiration of the time limit, and the time required will not be included in the time limit prescribed in the provisions of Article 13 and Article 14.
Article 16 If Shenzhen state security organ license the construction project that relates to the matters of state security, the licensee shall assign the corresponding Liability Statement of Safeguarding State Security with Shenzhen state security organ clearly defining the person liable for the state security of the construction project and his or her rights and obligations, and then a "License of Construction Project Relating to Matters of State Security will be issued.
Shenzhen state security organ will formulate Liability Statement of Safeguarding State Security on the basis of the State Security Law of the People’s Republic of China and other relevant laws and regulations, combined with the actual need for the state security work.
Article 17 If the state security measures of precaution need implementing and the related facilities and equipment need setting up in the construction project, they shall be designed and constructed synchronously with the project, and the cost shall be brought into the project budget.
Article 18 Shenzhen state security organ shall not, in the implementation of the provisions of the administrative licensing and regulatory activities, sell any designated goods or paid services to the applicant, ask for or accept any goods, or seek any other interests.
Article 19 After the completion of the construction project approved by Shenzhen state security organ, it shall conduct the special acceptance of the state security precaution facilities of the construction project concerned.
If the state security precaution facilities of the construction project are unqualified for the special acceptance, the construction administrative departments shall not process the procedures of completion for acceptance.
Article 20 If the construction project in the scope of the provisions prescribed in Article 3 is to be transferred to foreign institutions, organizations and individuals, the planning and land administrative departments shall in time input the transfer information into the information sharing platform after the completion of the transfer registration in order to realize the information sharing.
Article 21 When the construction project that relates to the matters of state security is put into use, Shenzhen state security organ shall be responsible for the regular supervision and inspection over the state security facilities and the implementation of Liability Statement of Safeguarding State Security.
Chapter Tree Legal Liability
Article 22 The person liable for the state security of the construction project shall be responsible for the restoration to the original state if any damage is caused to state security facilities in the daily management and maintenance, and the expenses needed shall be borne by the person liable himself or herself.
Article 23 If the licensee or the person liable for the construction project that relates to the state security takes the liberty to engage in the activities that can not be carried out without the approval of the state security organ, Shenzhen state security organ shall order him or her to make corrections in a definite time and give a warning, a reprimand or an order to make a statement of repentance according to the relevant provisions of the State Security Law of the People’s Republic of China, and inform the land planning, construction administrative departments of the related information in accordance with the law.
Article 24 If the licensee or the person liable for the construction project that relates to the state security commits any of the following acts, Shenzhen state security organ shall order him or her to make corrections in a definite time and give a warning, a reprimand or an order to make a statement of repentance according to the relevant provisions of the State Security Law of the People’s Republic of China; if he or she does not make any correction in the time limited yet, Shenzhen state security organ shall not process the special approval procedures for acceptance, and the construction administrative departments shall not process the completion of the procedures for acceptance:
(1) No state security precaution facilities have been taken or they do not conform to the requirements though taken;
(2) No any state security safeguarding obligation is fulfilled in accordance with the Liability Statement of Safeguarding State Security.
Article 25 If the licensee or the person liable for the construction project of the state security fails to ensure the synchronous operation between the state security precaution facilities and the intelligent integrated management system of the construction project, Shenzhen state security organ shall order him or her to make corrections in a definite time, and give a warning, a reprimand or an order to make a statement of repentance according to the relevant provisions of the State Security Law of the People’s Republic of China.
Article 26 If the licensee or the person liable for the construction project of state security dismantles or make some damage to the state security precaution facilities without the approval of Shenzhen state security organ after the project is put into use, he or she will be subject to penalty according to the provisions of Item 2 of Article 27 in the State Security Law of the People's Republic of China.
Article 27 If any licensee or person liable for the construction project of state security, who is in the service of state organs and institutions, violates this provision, Shenzhen state security organ shall transfer the relevant materials to the appointment organs or the supervisory organs for investigation and administrative liabilities.
Article 28 If the licensee or the person liable for the construction project of state security violates the provisions, which constitutes a crime, he or she shall be investigated for criminal liabilities according to law.
Article 29 If Shenzhen state security organ and the departments such as the municipal development & reform, the science, industry, trade and information technology, the land planning , the construction, the civil defense, and the protection of confidential documents violate this provision and fail to perform the relevant duties, the superior organ or the supervisory organ shall order them to make corrections; and the directly liable persons in charge and other persons directly responsible shall be investigated for administrative liabilities and shall be subject to criminal liabilities according to law where criminal offenses are constituted.
Article 30 If government officials commit any neglect of duty, malpractice, irregularities or abuse of power in the implementation of these provisions, they shall be subject to administrative liabilities by the appointment organs or the supervisory organs and to criminal liabilities according to law where criminal offenses are constituted.
Chapter Four Supplementary Articles
Article 31 The construction projects that are under construction or have been completed to use before the implementation of these provisions belong to the projects within the scope prescribed in Article 3 of these provisions. Shenzhen state security organ may, according to the state security needs, require the property units to have the matters that relate to the state security recorded for management and to sign the Liability Statement of Safeguarding State Security.
If the property involved in the matters of state security is entrusted to the property service enterprise for management, the enterprise has to fulfill obligations prescribed in the previous article.
Article 32 The construction and the use of projects shall be made in the military restricted zones and the military administrative zones or within the safety control zone around the military restricted zone in accordance with the relevant provisions of the Law of the PRC on Protecting Military Facilities and the Implementation Measures for the Law of the PRC on Protecting Military Facilities.
Article 33 These provisions shall be implemented as of January 1, 2010.
附件下载：
粤公网安备 44030402002963号