Laws of the Guangdong Province

Administrative Rules of Shenzhen Special Economic Zone on Premixed Concrete

 (Promulgated by Decree No.62 of Shenzhen Municipal People' s Government on July 11,1997, revised by Decree No.135 of Shenzhen Municipal People' s Government on August 26, 2004)

Chapter One  General Provisions

    Article 1 In order to popularize the use of premixed concrete in project constructions in an all-round way, ensure projects' quality, improve city environment and advance the improvement of construction technology, these rules are formulated in accordance with the basic principles of relevant State laws and regulations combining with the actual situations of Shenzhen Special Economic Zone (hereinafter referred to as "the special zone" ).  

Article 2 These rules shall apply to the production, sale and using of premixed concrete.

    Article 3 For the purpose of these rules, premixed concrete refers to a mix which is produced by mixing cement, aggregate, water with necessary additive and admixture at a certain percentage after a unified measurement, and shall be transported to a place for use within a given time.

Article 4 The competent administrative department of construction of Shenzhen Municipality (hereinafter referred to as the municipal competent department) shall take charge of supervising and administering the production, sale and using of premixed concrete.

Every district competent administrative department of construction shall, under the guidance of the municipal competent department, take charge of supervising and administering the using of premixed concrete in projects established by districts.

Article 5 The administrative departments of state-owned land planning, public security and traffic, industry and commerce, city administration and environment protection of Shenzhen Municipality shall assist the municipal competent department in supervising and administering the production, sale, transportation and using of premixed concrete according to their separate responsibilities.

กก  Article 6 Enterprises producing premixed concrete may establish a trade association.

Chapter Two  Establishment of Enterprises Producing Premixed Concrete

    Article 7  Every enterprise producing premixed concrete shall acquire corresponding qualifications according to the relevant State regulations.

It is prohibited to purchase premixed concrete from an enterprise without the corresponding qualification.  

Article 8 The establishment of stations for producing premixed concrete shall be brought into the city planning. The scheme to locate the stations shall be made by the municipal competent department according to the city development planning, construction scale of stations, demand of premixed concrete and the situations of road traffic and transportation in areas, and may not be implemented until having been examined and approved by the municipal competent planning department. The supplying area of each station shall better be within a radius of 10 to 15 kilometers.

Article 9 The land for setting up stations producing premixed concrete shall be rent out subject to the approval of the municipal department of state-owned land planning by means of bilateral negotiations. 

Chapter Three  Production, Sale and Using of Premixed Concrete

Article 10 Every enterprise producing premixed concrete shall accept quality supervisions which are conducted by quality supervision authorities according to laws.

Article 11 Every enterprise producing premixed concrete shall set up and improve the systems of technology control and quality assurance, organize the production of premixed concrete strictly in accordance with State standards and criterions, regularly conduct quality inspections to raw materials and performance inspections to concrete mix in order to ensure the quality of raw materials and finished concrete products. 

Article 12  Every enterprise producing premixed concrete must use bulk cement. Any enterprise which needs to use bagged cement shall get approval from the municipal competent department and pay its dues to the special funds for developing bulk cement according to relevant regulations.

Article 13  If the total amount of concrete to be used in a newly built, rebuilt or expanded project exceeds 500 cubic meters or the amount of concrete to be used just for once exceeds 20 cubic meters, the project' s constructor shall use premixed concrete and may not produce concrete at the construction spot by itself. 

The municipal competent department may change the areas and the variety of projects in which premixed concrete are required to be used compulsorily. The change may not be implemented until being approved by the municipal government.

Article 14  Under any one of the following circumstances, an enterprise of construction industry may produce concrete on the construction spot after having submitted a written application to and got approval from the municipal or a district competent department:

 (1) where the concrete to be used belongs to a special type and can not be produced by  enterprises producing premixed concrete;

 (2) where the trucks for transporting and producing premixed concrete can not reach the construction spot because the road is too narrow for them to pass;

 (3) other circumstance where it is necessary to mix concrete on the construction spot.

The relevant regulations of environment protection and public sanitation shall be conformed when concrete is mixed on the construction spot.

Article 15 Every enterprise of construction industry shall ensure the roads on the construction spot smooth and unblocked, and provide illumination facilities, water supply facilities and other necessary conditions for transporting or using premixed concrete.

Article 16 Settlement measures for the premixed concrete used in construction projects shall be made by the municipal administrative authority of project cost. Guiding prices of premixed concrete shall be publicized monthly by the municipal administrative authority of project cost. Units producing and using premixed concrete shall adopt the settlement measures and guiding prices as reference.   

Article 17 The truck for transporting and producing premixed concrete is a special engineering vehicle, and shall be granted a pass for special engineering vehicle by the administrative department of public security and traffic on the strength of a certificate issued by the municipal competent department.

Article 18 The production and transportation of premixed concrete shall conform with the requirements of environment protection and public sanitation. Trucks for transporting and producing premixed concrete shall be kept clean and in good condition. Corresponding measures shall be adopted to prevent leakage. It is prohibited to wash a transportation truck everywhere.

Chapter Four  Penalty Provisions

Article 19  Anyone who refuses to accept the quality supervision conducted by a quality supervision authority or fails to comply with the regulations on quality assurance, in violation of the provisions of Article 10 or 11 of these rules, shall be imposed a fine of 5,000 to 10,000 yuan. If there is a quality accident, it shall be dealt with according to relevant regulations.

Article 20 Anyone who uses bagged cement without authorization, in violation of the provisions of Article 12, shall be ordered to stop using the cement and be imposed a fine of 10,000 to 30,000 yuan.

Article 21 Any enterprise of construction industry which mixes concrete on the construction spot without authorization, in violation of the provisions of Paragraph 1 of Article 13, or Article 14 of these rules, shall be ordered to stop mixing concrete and be imposed a fine of 50 to 100 yuan for each cubic meter of the concrete actually cast on the spot.

Article 22 Anyone who purchases premixed concrete from a production enterprise without corresponding qualification, in violation of the provisions of Article 7 of these rules, shall be ordered to make correction and be imposed a fine of 30 to 50 yuan for each cubic meter of the purchased premixed concrete.

Article 23 The administrative penalties prescribed in these rules shall be made by the municipal or district competent departments in accordance with their responsibilities. All the fines charged shall be turned in to finance.

        Article 24 The relevant decision which ought to be made by the municipal or a district competent department according to these rules shall be made within 15 days. If a party does not agree with a relevant decision or a decision of imposing administrative penalty which is made by the municipal competent department, he may apply for administrative review to the administrative review organ of Shenzhen Municipal People' s Government within 60 days upon receiving the decision letter. If a party does not agree with a decision made by a district competent department, he may apply for administrative review according to relevant laws. If a party does not agree with a decision of administrative review, he may bring litigation before people' s court within 15 days upon receiving the decision letter. A party may bring a suit directly. If a party does not apply for administrative review or bring litigation, and does not implement the penalty decision, the municipal or district competent department may apply to people' s court for compulsory enforcement.   

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Chapter Five  Supplementary Provisions