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Rules
of Shenzhen Municipality on House Decoration
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The
No. 90 Decree of the People' s Government of Shenzhen
Municipality
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No.90
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Regulation of Shenzhen
Municipality of House Decoration, adopted at the 143th
Executive Meeting of the Secondary People' s Government of
Shenzhen Municipality, is hereby promulgated and shall go
into
effect on the date of promulgation.
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Li Zibing
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Mayor
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Dec.19,1999
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¡¡¡¡
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Chapter
I General
Provisions
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Article
1
These regulations are formulated in accordance with the
Construction Law of the People' s Republic
of China, the relevant
laws and regulations and the actual situation of Shenzhen
Municipality, for
the purposes of standardizing house decoration
acts and strengthening the administration of house decoration.
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Article 2 The house decoration referred in
these regulations means the constructing acts of decoration and
disposal
of the house in order to improve the living environment.
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The residents referred in these
regulations include villagers, proprietors, lessees and other
users.
The lessees and other users shall not decorate the house
without the authorization in written of the house owner.
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Article 3 Any house decoration and its supervision and administration
shall comply with these regulations.
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Article 4 The house decoration shall ensure
the quality of construction project and safety of structure and
shall
comply with the relevant regulations and standard such as
realty management, fire control, water supply, power supply,
gas
and environmental protection. The house decoration shall not deal
with public facilities and common
room.
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Article
5 The
Administrative Department in charge of Construction of Shenzhen
Municipality( hereinafter referred
to as the municipal competent
authority) shall be responsible for administrating the whole house
decoration
in a unified way, enacting technical regulations on
house decoration and administrating the occupational requirements
of house decoration.
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The Administrative Departments in
charge of Construction of the district People' s Government(
hereinafter
referred to as the district competent authorities)
shall be responsible for administrating the house decoration in
their administrative regions, accepting the report of house
decoration and investigating the illegal
acts of house decoration
under the instruction of the municipal competent authority.
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Article 6
The decoration trade association of Shenzhen Municipality
shall assist the municipal and district competent authorities
to
administrate house
decoration, take charge of house decoration consultation,
harmonize the relations between members
and standardize the
member' s acts under the instruction of the municipal competent
authority.
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Article 7 The reality management units shall
be responsible for the commencing declaration of house decoration
and management of the
decoration and construction field.
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Chapter
II Occupational
Requirements
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Article 8 Whoever engages in the house decoration shall meet the
following qualifications as well as go through the commercial
registration £º
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(1)
to have a fixed working place;
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(2)
to have not less than three professional technicians as
well as the chief skilled workers with working certificate
issued
by the municipal competent authority;
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(3)
the technological principals shall have not less than 3
years experience in decoration and construction management
and as
well as having the technical title of assistant or above;
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(4)
to have a minimum registered capital or funds of
500,000 yuan.
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Article
9
Anyone engaging in house decoration shall apply to the municipal
competent authority for Qualification
Certificate of Construction according to the relevant regulations
of municipal government.The
Qualification Certificate of
Construction shall be under the annual examination and
verification system
which includes constructing achievement,
constructing quality, safety production and lawful business. If
succeeding in annual examination and verification, he may continue
to manage; If failing in annual examination
and verification, the
Qualification Certificate of Construction shallbe cancelled. The
measures on
annual examination and verification of Qualification
Certificate of Construction shall be formulated separately by
the
municipal competent authority.
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Article 10 Anyone engaging in house decoration
with Qualification Certificate of Construction takes part in the
decoration trade association voluntarily.
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Article
11 The
municipal competent authority shall publicize the name, address
and telephone number, the number
of Qualification Certificate of
Construction of the person who engages in house decoration with
the
Qualification Certificate of
Construction in the news media on
March every year. The decoration trade association of
Shenzhen Municipality and the municipal and district competent
authorities shall supply the name list of the person engaging in
house decoration for the public to
consult.
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Article
12
Anyone shall not engage in house decoration unless he gets the
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Qualification
Certificate of Construction issued by the municipal competent
authority.
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Article 13
The residents shall choose the person with the
Qualification
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Certificate
of Construction issued by the municipal competent authority to
carry on the house decoration
project according to the
registrations.
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Chapter
III Declaration
and Registration of Commencement
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Article 14 The house decoration project shall carry out the declaration
and registration system of commencement.
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Before
decorating the house, the resident shall declare and register to
the reality management units
in the presence of the consignee,
fill in the Declaration Form of House Decoration in triplicate
printed
by the municipal competent authority including the
contents such as decoration project, decoration standard, number
of builders, the time of commencement or completion and refer the
copy of Contract on Decoration and
the original Qualifaciation
Certificate of Construction of the consignee. The reality
management units
shall issue
the return receipt after accepting the documents. If the
declaration conforms to the conditions,
the reality management
unit shall register within three working days following the date
of receiving
the commencement declaration and registration. When transacting
the declaration and registration of
commencement, the resident and
person liable for
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decoration
shall pay 1000 yuan for security deposit to the reality management
units separately.
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Article 15 Any house decoration project, which does not declare and
register to the reality management unit or starts working
of its
own accord inconsistent with the stated conditions, shall be
notified to stop its illegal acts
by the reality management unit.
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Article 16
The reality management units are prohibited to appoint the
person engaging in decoration forcedly or to sale decorating
materials to the residents as well as get charge illegally.
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Chapter
IV Management
of Construction Field
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Article 17 The house decoration shall submit to the management of
construction field by the reality management unit according
to
these regulations.
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Article 18 The resident may consign the construction supervision unit to
supervise the house decoration and pay fees according
to
agreement.
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Article 19 The house decoration shall ensure
the building connection and safe usage. The following acts are
prohibited:
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(1)
to change bearing framework of house;
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(2) to dug holes in the bearing
wall or remove the walls, doors and windows connecting balcony,
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(3)to add the dead load of floor
improperly including building indoor wall, decorating the housetop
overload, installing large lamps and lanterns and paving the floor
with marbles;
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(4)to
dig, cut or beat the housetop, the inside of the outer wall and
exhaust pipeline randomly ,to
lay or change circuitry directly
without wall busing;
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(5)
to
destroy, remove or change the ground waterproof in the kitchen or
lavatory;
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(6)
to use the decorating material inconsistent with fire
requirements;
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(7)
to do any other illegal house decoration.
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If needs to change the main body
of the building or bearing framework, add the load Obviously ,the
residents
shall consign the original or qualified designing unit
to put forward the design and refer to the governmental department
of design examination and approval for examination and approval.
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Article 20
The decorations of the roof, outer wall, outer door and
window, balcony and the installation of air-conditionas well
as
other decorations shall
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be conformed to the technical
standards enacted by the Competent Authority of Planning Land of
Shenzhen
Municipality and ensure the building' s appearance in
harmony and unification.
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Article 21
It is prohibited to change or conceal the gas pipeline
facilities. If needs changing, it shall apply to the gas supplier
and be organized to carry out by the gas supplier.
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Article 22
It is prohibited to drain the living sewage to the
rainwater pipeline.
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Article 23 The construction of house decoration shall ensure the quality
and be up to the relevant regulations. The jerry, rough
and wild
constructions are prohibited; The decorating materials shall not
be inferior or in falsification.
the house decoration project is
guaranteed for a year from the date on which the project is
completed.
The decoration person shall be liable for maintenance
for free within
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the guarantee period except for
the failure caused by the user on purpose.
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Article 24
The construction of house decoration shall conform to the
safe operating procedures of construction and ensure the
safety of
the operators and neighboring residents and their properties.
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Article 25 The operation of decoration shall comply with the fire
regulations while the constructing field shall be equipped with
not less than two fire extinguishers.
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Article 26 The garbage from decoration shall be put into bags and piled
up, cleaned out and carried away to the specific place
and in the
specific time and way appointed by the reality management unit.
Anyone, who piles up or
discard decorating garbages in violation
of rules, shall be ordered to clean up in the time limit by the
reality management unit. If failing to clean up in time, it shall
be cleaned
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up
by the reality management unit and the fees shall be paid by the
person engaging in decoration or
the resident.
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Article 27 The working hours of house decoration shall be from 7:00 to
12:00and 14:00 to 19:00 every day.
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Article 28
The person engaging in house decoration shall complete the
decoration within three months from the date on commencement.
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Article 29 After completing ,the house decoration project shall be
examined by the reality management unit. If the decoration
breaks
the rules or is leakage, jam, or destructive, the person engaging
in decoration shall compensate
for according to the his
responsibility. the fees for compensation shall be deducted from
security
deposit according to the principles of refund for any
overpayment or a supplemental payment for any deficiency; If
the
decoration is consistent with the rules, the security deposit
shall be refunded within ten days
from the date of completion.
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Chapter
V Dispute
Settlement
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Article 30 To do house decoration shall sign the contract in written
referring to Model
Contract of House Decoration Project printed in uniform by the
municipal competent authority;
the parties may amend or supplement
the contents of the model contract.
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Article 31
If the parties to the house decoration project arise
dispute because of the
house decoration, such person may complaint to the municipal or
district consumer commission, apply
for mediation or arbitration
according to the Arbitration Agreement or directly institute legal
proceedings
in a People' s Court.
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Article 32
The decoration trade association of Shenzhen Municipality
shall investigate and prosecute the acts by the members disobeying
the association constitution.
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Article 33
The municipal and district consumer commission shall
investigate and mediate the disputes in accordance with the
Contract on House Decoration signed by the parties and relevant
laws, regulations, rules, technical standards
and regulations.
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Article 34 The mediator shall hear the
opinions of the parties, investigate on the spot and propose the
mediation
suggestion according to each responsibility.
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Chapter
VI Taxation
Administration
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Article 35
The person engaging in decoration shall apply to the tax
authority for tax registration and pay taxation according
to laws
after acquiring the Business License.
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Article 36 The reality management unit consigned by the tax authority
shall accept the consignation or fulfil the assisting taxing
obligation if it is consigned to collect tax or required to take
on the assisting taxing task¡£
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Article 37
The person engaging in decoration shall register the
project in the collecting unit with the Tax Registration
Certificate before commencement while to pay the payable tax after
completion.
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Chapter
VII Penalty
Provisions
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Article 38
Anyone, in violation of the article 12 of these
regulations, carries on house decoration project without the
Qualification Certificate of Construction, shall be ordered to
stop the illegal acts and be fined twice the
illegal gains; if
there are no illegal gains or it is difficult to make sure the
illegal gains, the
offender shall be fined not less than
10,000yuan but not more than 50,000yuan.
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Article 39
If the resident or the person engaging in decoration, in
violation of the article 14 of these regulations, commences,
without authorization, but fails to apply to the reality
management unit for registration or makes
false materials in
applying for registration, he shall be ordered to rectify and
transact the supplementary
procedures; if
refusing to rectify, the resident or the person engaging in
decoration shall be fined not less than 500yuan but not
more than
1,000.
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Article 40 If the decoration by the resident or
the person engaging in decoration, in violation of the article 19
of these regulations, affects the building framework or using
safety, the resident or the person engaging in decoration
shall be
ordered to rectify in the time limit. If refusing to rectify
exceeding the time limit, the
offender shall be fined not less
than 1,000yuan but not more than 10,000 yuan; if resulting in
damages,
the resident and the person engaging in decoration
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shall
bear the joint liability for damages.
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Article 41 If the resident or the person engaging in decoration, in
violation of the article 20 of these regulations, decorates
inconsistent with the technical standard by the municipal
competent authority of planning land, he
shall be ordered to
rectify; if the circumstances are serious, the offender shall be
fined not less
than 1,000 but not more than 5,000.
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Article
42 If
the resident or the person engaging in the decoration, in
violation of the article 21 of these regulations,
changes or
conceals the gas pipeline facilities without authorization, he
shall be ordered to rectify;
if refusing to rectify, the offender
may be fined not less than 1,000 but not more than 5,000.
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Article 43 If
the construction, in violation of the article 23 of these
regulations, is jerry, rough and wild inconsistent
with the
relevant rules or effects the project' s quality by using the
inferior decorating materials,
the resident and the person
engaging in decoration shall be ordered to rectify as well as be
fined
not less than 10,000yuan but not more than 50,000yuan,he
shall pay amends if causing the damages.
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Article 44 If the person engaging in decoration, in violation of the
article 25 of these regulations, fails to equip with the
fire
extinguishments on the decoration field, he shall be ordered to
rectify; if refusing to rectify,
he shall be punished by the fire
control department.
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Article 45 If the resident or the person engaging in decoration, in
violation of the article 26 of these regulations, piles up,
cleans
up and carries away the decoration garbages inconsistent with the
rules, he shall be ordered
to rectify; if refusing to rectify, he
shall be fined not less than 100 but not more than 1,000 yuan.
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Article 46 If the person engaging in decoration, in violation of the
article 27 of these regulations, breaks the time limit of
decoration, he shall be ordered to rectify and may also be fined
not less than 100 but not more than
1000.
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Article
48.
The reality management unit has the rights to deter or order to
rectify any illegal decorating acts
inconsistent with these
regulations and shall report to the relevant district competent
authority for
punishment. the administrative punishment in this
chapter shall be imposed by the district competent authority
except as otherwise stipulated.
The municipal competent authority may
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directly
investigate the illegal decoration acts if necessary.
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Article 48 The reality management unit, in violation of the section 3 of
article 14 of these regulations, fails to register the
declaration
of commencement, it shall be ordered to rectify by the district
competent authority and
be fined not less than 2,000 yuan but not
more than 10,000 yuan.
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Article 49 If the reality management unit, in violation of the article 16
of these regulations, appoints the person engaging in
decoration
forcedly, sales decoration materials or charges all kinds of fees
illicitly, it shall be
ordered to rectify by the district
competent authority and also be fined not less than 10,000yuan but
not more than 50,000 yuan.
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Chapter
VIII Supplementary
Provisions
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Article 50
These regulations shall go into effect on thedate of their
promulgation. |
