Laws of the Guangdong Province

Provisional Rules of the Shenzhen Municipality on the Administration

of Subway Construction

(Adopted at the 29^th Executive Meeting of the Third Session of the Shenzhen Municipal People' s Government)

Chapter I General Provision

       Article 1 In order to strengthen the administration of the construction of Shenzhen City' s subway (hereinafter referred to as subway) and guarantee the smooth proceeding of subway construction, these provisional rules are hereby formulated in accordance with the related law, regulations.

       Article 2 The project of Shenzhen City' s subway construction shall be a major urban construction project of infrastructure for public good undertaken by the Shenzhen Municipality with the funds raised by the Municipality itself.

       The subway construction referred to in these provisional rules shall include the subway construction project, auxiliary projects, projects of the ground and overhead tracks connected with the subway, and comprehensive development of the areas along the subway.

       Article 3 The Shenzhen Municipal People' s Government (hereinafter referred to as the municipal government) shall incorporate the subway construction in the Shenzhen Municipality' s long-term plan of economic and social development, and organize its implementation by stages.

       The people' s governments at various levels and the related responsible administrative departments shall assist and cooperate according to their division of duties in the subway construction.

       All units and individuals shall have obligations to assist and cooperate in the subway construction, and shall not obstruct or affect the proceeding of the subway project.

       Article 4 The subway construction shall follow the principle of comprehensive planning, reasonable layout, construction by stages, and safety and high quality.

       Article 5 The Shenzhen Municipal Headquarters of Subway Construction (hereinafter referred to as the municipal headquarters of subway construction) shall be the body set up by the municipal government to be responsible for making decisions on the major issues of subway construction and for coordinating and directing as well.

       The office of the municipal headquarters of subway construction (hereinafter referred to as the municipal subway office) shall discharge the following main duties under the leadership of the municipal headquarters of subway construction according to these provisional rules:

(1)   to carry out the work assignments and various resolutions of the municipal government, municipal headquarters of subway construction on the subway construction;

(2)   to examine the subway construction plan, to deliberate the annual plan of subway construction, investment arrangements, and composition of funds  introduced by the Shenzhen Municipal Subway Company, Ltd. (hereinafter referred to as the subway company), and to supervise the implementation after reporting to the municipal headquarters of subway construction and having its approval;

(3)   to study and examine the major items of subway construction, operation, development, and external procurement, inviting and offering a bid;

(4)   to supervise and administer the design of the subway project, budgetary estimate, safety and quality work, to direct the implementation of subway domestication;

(5)   to coordinate for solving the issues in the process of subway construction such as land requisition, demolition and relocation, transportation, urban management, and the related problems involving various departments;

(6)   to deal with the other matters assigned by the municipal headquarters of subway construction.

Article 6 As the legal person of the subway construction project, the subway

company shall be specifically responsible for carrying out the subway construction according to these provisional rules.

Chapter II Administration of Subway Construction Planning

       Article 7 The subway construction shall proceed in accordance with the state rules on the administration of capital construction projects and the plan of subway construction.

       The Shenzhen Municipal Plan of Subway Construction (hereinafter referred to as the plan of subway construction) shall include the overall plan of subway-route network and detailed plan of the various routes of subway-route network. The project of subway construction shall be organized to be put into practice by stages according to the overall plan of subway-route network.

       Article 8 As an urban special plan, the overall plan of subway-route network shall be formulated by the municipal department in charge of land planning according to the overall plan of urban development and the overall plan of urban public transportation, and incorporated into the overall urban plan to be put into practice after it has been examined by the municipal subway office and reported to the municipal urban planning committee to be examined and approved.

       Article 9 The detailed plan of the various routes of subway-route network shall be formulated by the subway company according to the overall plan of subway-route network, and put into practice by stages after it has been examined and approved by the municipal department in charge of land planning.

       Article 10 The overall plan of subway-route network and the detailed plan of the various routes of subway-route network shall be put into practice under the supervision of the municipal department in charge of land planning.

       Article 11 The revision of the overall plan of subway-route network and the detailed plan of the various routes of subway-route network shall be done according to the procedure of formulation, examination and approval prescribed in these provisional rules.

       Article 12 If the subway construction needs to requisition or regain land according to the plan, the municipal department in charge of land planning shall be responsible for requisitioning or regaining; if houses and other buildings, structures need to be demolished and relocated, the municipal department in charge of land planning shall organize demolition, relocation, and placement.

       Article 13 If the subway construction project needs the data on the pipelines and facilities of communication, electricity-supply, water-supply, water drainage, gas, and civil defense, the municipal department in charge of land planning shall provide them for the subway company through one channel. If any damages have been done in the reconnaissance and construction of the subway construction project as a result of the false data or the data not detailed enough, the subway company shall not be held liable for repair and compensation.

       Article 14 The units in charge of the subway construction shall have the responsibility to guarantee the safety of the pipelines of communication, electricity-supply, water-supply, water drainage, gas, and civil defense along the subway routes.

       As for the municipal public facilities built by the government investment that have to be demolished within the planned areas for subway construction, the subway company shall set up temporary substitutes during the period of construction, and restore these facilities after the completion of construction.

       Article 15 If the subway construction needs to demolish and relocate, change and remove the pipelines which have been laid after being reported and approved, the demolisher shall give compensation according to the standards of the original laying work; if the pipelines need to be laid again or increase capacity, the units which own the pipelines shall bear the cost.

       If the subway construction indeed needs to demolish and relocate the underground pipelines permanently or remove them temporarily, the units which own the various pipelines shall have the responsibility to cooperate, decide on the plan to remove the pipelines through consultation, and assist in its implementation.

       Article 16 The units and individuals along the subway routes under construction shall have the obligation to provide the related data of the buildings owned by them for the municipal department in charge of land planning and the subway company without charge.

       If the subway company has to send its people to enter the buildings owned by units and individuals to do inspecting and testing, a notice of inspection and test shall be issued in advance to the units and individuals affected by such operation. If the subway company needs to send its people to enter the border control zone or military control zone to do inspecting and testing, the departments in charge of the administration of these zones shall be notified in advance and the related certificates shall be processed.

       When the personnel of the subway company entering the spots referred to in the precious section to do inspecting and testing, they shall bring valid certificates and wear the tags of inspection and test.

Chapter III Administration of the Control Zone of the Subway Construction Plan

       Article 17 The control zone of the subway construction plan shall mean the land and waters within 50 meters by both sides of underground subway stations and tunnels, within 30 meters out of subway stations on the ground and overhead and out of the outside edge lines of tracks, within 10 meters out of the outside edge lines of the buildings, structures such as exits and entrances, ventilation towers, transformer substations, etc. If the limits of the control zone of the subway construction plan have to be changed, it shall be approved by the municipal government.

       The land for subway construction requisitioned or regained within the control zone of the subway construction plan shall be allocated to the subway company for use without charge.

       Article 18 The construction, reconstruction, and extension of non-subway buildings within the control zone of the subway construction plan shall be approved by the municipal departments in charge of land planning and construction, the departments in charge of land planning and construction shall not authorize or entrust their detached offices with examination and approval.

       Within the control zone of the subway construction plan, if renaissance, drilling, and the buildings, pipelines, and other facilities under construction, reconstruction, and extension need to overpass or cross the subway, the related units shall have permissions from the subway company in advance, and then report to the municipal department in charge of land planning for examination according to the related procedure of reporting and approving of capital construction.

       Article 19 If the land requisitioned and regained within the control zone of the subway construction plan is used for non-subway construction, or there is construction, reconstruction, extension of original buildings, the municipal departments in charge of land planning and construction shall ask for the opinions from the subway company before approval.

       Article 20 All the facilities within the control zone of the subway construction plan which become the obstacles to the subway construction project shall be demolished according to the requirements of the plan; if some of these facilities indeed need to be preserved, the subway company shall adopt the corresponding technological measures to protect the proceeding and safety of the subway project.

Chapter IV Administration of the Subway Construction Project

       Article 21 The subway construction project shall carry out the principle of "ground is subordinate to underground" , the various constructions on the ground within the control zone of the subway construction plan shall be subordinated to the subway construction project and cooperate with it.

       If there is a conflict between the projects of the municipal, public facilities and the subway construction project, the municipal subway office shall coordinate and manage jointly with the municipal departments in charge of land planning and construction according to the principle of giving priority to subway construction.

       If the subway construction has seriously affected the urban traffic, the subway company, jointly with the related departments of transportation, shall promptly work out a plan to ease up the traffic and report to the municipal subway office for putting the plan into practice.

       Article 22 The system of the responsibility of the construction project' s legal person, the system of inviting and offering a bid, and the system of project inspection and control shall be put into practice for subway construction, the administration shall be done strictly according to the related law, regulations, and these provisional rules, and the smooth proceeding of the subway construction with safety, high quality and efficiency shall be guaranteed.

       Article 23 The legal person of the subway construction project shall seriously organize and manage the design, construction, and construction inspection and control, etc. of the subway construction project according to the stipulations on the project owner' s responsibility system in the law, regulations, and strictly control the investment, progress, and quality of subway construction.

       Article 24 The legal person of the subway construction project shall conduct public biddings for the planning, design, consultation, construction, inspection and control, equipment purchase of the subway construction project according to law, and select the best units as bid-winners.

       Article 25 The construction safety and project quality of the subway construction shall be supervised and managed in accordance with the related law, regulations. During the construction period of the subway project and the warranty period after the project' s completion, the municipal agency in charge of the supervision of construction safety and project quality shall be responsible for supervising the construction safety and project quality.

       Article 26 The subway construction project shall carry out the national, trade-wide technological standards. If there is uncertainty in the national, trade-wide technological standards, the subway company may formulate the enterprise' s technological standards according to the related state, trade and local rules and the official and written replies of the state on the Shenzhen subway construction, and report to the municipal department of construction and the department of supervision of quality and technology for record.

       Article 27 In order to guarantee the safety of subway ventilation, the subway company may take measures of technological protection near subway stations and vents, and the related units along the subway routes under construction shall obey and cooperate.

       Article 28 The directly accessory projects of the subway shall be under construction simultaneously with the principal part of the subway project according to the subway construction plan and the progress of projects' construction.

       Article 29 After the completion of the subway construction project, the legal person of the construction project shall make arrangements for the units in charge of design and construction to do the preliminary examination and acceptance according to the related rules. After the construction has checked out all right in the preliminary examination and acceptance, the subway company may report to the municipal headquarters of subway construction for approval of trial operation. When the conditions are matured, the municipal government may make arrangements for the related units to do the official examination and acceptance or the municipal government may report to the state department in charge of construction and ask it to do so, the subway may be officially put into operation only after it has been proved to be up to grade in the examination and acceptance.

Chapter V Sources and Management of the Subway Construction Funds

       Article 30 The municipal departments of planning, finance shall be responsible for the comprehensive balance and allocation of the funds invested by the government. The municipal departments of planning, finance shall jointly with the subway company formulate the plan of funds allocation and the budgets for the subway projects of various stages to be put into implementation in accordance with the requirements of the long-term development of subway construction, and report them to the municipal government for examination and finalization and put them into practice after they have been adopted by the municipal people' s congress.

       The municipal government shall organize an experts meeting to make a special appraisal of the subway construction project, and decide on the total investment in the project according to the appraisal and the plan of design.

       If the subway company is going to adjust the fixed investment, funds allocation, and annual plan of project progress of the subway project according to practical needs, it shall be examined by the municipal subway office and approved by the municipal departments of planning and finance.

       Article 31 The funds needed for the subway construction shall be built up according to the principle of combination of the government investment with multi-channel fund raising.

       Article 32 The municipal department of finance shall set up a special account for the subway construction and manage the subway construction' s non-commercial funds.

       Article 33 The municipal department of finance shall, in accordance with the annual financial budget and investment plan of the subway construction project and also the construction contract and project progress, appropriate the construction funds in installment to the subway company' s special account of project funds and supervise the use of these funds.

       Article 34 The municipal government shall support the subway company to raise funds for subway construction through multiple channels, make sure that the subway construction funds are ready, and guarantee the sustainable development of subway construction.

       The subway company may raise funds for subway construction through bank loan, bond-issuing, listing in a stock exchange to finance, using foreign capital, seeking for share-holders with investment from the society, accepting donations, etc.

       The subway company shall bear the legal person' s limited liability for using, value-increasing, and loan paying-up of the funds raised by the company itself for subway construction.

       Article 35 The subway construction funds shall be used for their specified purposes only. The use of the subway construction funds shall be under the direction, supervision and audit of the related departments of the municipal government.

       Article 36 If the taxes and dues that have to be paid for subway construction are eligible to be reduced or exempted by the municipal government within its authority approved by law, they shall be reduced or exempted according to the related rules.

Chapter VI Comprehensive Development of the Land along the Subway Routes

       Article 37 The special sections' comprehensive land development on the land to be used for subway and the land acquired through the form and procedure of paid land transfer along the subway routes shall be subordinated to the overall urban plan and subway construction plan, and planned simultaneously with the subway construction.

       The comprehensive land development along the subway routes shall fully utilize the underground and ground space of the subway, and shall be done strictly according to the form, scope, and uses prescribed by the plan for the special sections' comprehensive land development and utilization along the subway routes.

       The development and utilization of the underground space of the subway shall follow the related stipulations of the law, regulations, and rules on the development and utilization of underground space.

       Article 38 The subway  company shall organize the formulation of the plan for the special sections' comprehensive land development and utilization along the subway routes in accordance with the related rules on land administration planning, report it to the municipal department of land planning for comprehensive coordination, and organize its implementation by stages after it has been approved through legal procedures.

       Article 39 The subway company shall enjoy the right to undertake comprehensive land development and property management on the planned land along the subway routes acquired by approval. The price of the land under comprehensive development shall be set according to the land price before the subway construction when the land is conveyed to the subway company to develop. The payment for the land under comprehensive development shall follow the principle of paying after development, and shall be made in installment according to the progress of development.

       All the gains made by the subway company from the comprehensive land development along the subway routes shall be used for subway construction.

       Article 40 The comprehensive land development along the subway routes shall enjoy favorable treatments according to Article 36 of these provisional rules.

Chapter VII Legal Liabilities

       Article 41 If construction, reconstruction, extension, not approved through the related procedures prescribed in these provisional rules, has been undertaken without authorization in the planned areas for subway construction or other activities to increase or decrease carrying capacity dramatically have been engaged in, the municipal department of land planning shall handle it and impose punishments according to the related rules on urban planning and management; if there is any economic damage, the liability for compensation shall be held.

       Article 42 If any person whose house is going to be demolished has not signed the agreement on compensation for land requisition in time or not moved out in time and surrendered the right to use the land according to the requirements in the public notice of land requisition or house demolition, the municipal department of land planning shall handle it according to the related rules on land requisition, demolition and relocation.

       Article 43 If any units and individuals have obstructed the subway construction in violation of these provisional rules, the related responsible departments of the municipal government shall order correction, and investigate into the legal responsibility of the direct responsible persons; if any economic damage has been done to the subway project, the liability for compensation shall be held.

       Article 44 In case of obstructing, attacking by a crowd, vilifying, beating the personnel of the subway construction who are executing official duties or intentionally instigating an incident, picking a quarrel and provoking a trouble, and stealing, engaging in mass looting of subway equipments, the public security offices shall impose punishments in respect to management of public security; if the criminal law has been broken, the criminal responsibility shall be investigated into according to law.

Chapter VIII Supplementary Provision