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Regulations
of Shenzhen Special Economic Region on Property Management of Land
Ports and Boundary Checkpoints |
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(Adopted
at the 34th Session of the Standing Committee of the
Second People' s Congress of Shenzhen City on August 24th,
1999)
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Article
1 In order to strengthen the property management of the land
ports (hereinafter referred as the port) and the checkpoints
on
boundary-line (hereinafter as the checkpoint) in Shenzhen Special
Economic Region (hereinafter referred
as Special Region), to
promote the security and smoothness of the port and the
checkpoint, to ensure
the reasonable utilization of state-owned
assets, and to maintain the normal order of the port and the
checkpoint, in accordance with the basic principles of relevant
national laws and statutes, and taking account
of the practical
situation of Special Region, the ordinance is enacted as follows.
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Article
2 The port referred to in this ordinance, shall be a specific
area for entrance and exit of persons, transportation
tools and
goods.
The
checkpoint referred to in this ordinance, shall be a specific area
for the entrance to and exit
from the boundary-line of persons,
transportation tools and goods.
¡¡¡¡The
property referred to in this ordinance, shall be the inspection
sites, office buildings, public
places and related facilities and
equipment which is within the area of the port or the checkpoint,
and under the administration of the municipal government of
Shenzhen City.
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The inspection site, referred to in this ordinance, shall be the
specific place for the instant completion of customs
formalities.
¡¡¡¡Article
3 The port administrative department under the municipal
government of Shenzhen City (hereinafter as the port
administrative department), shall be the competent authority for
property management, which is in charge of
the function of
property management and the organization and implementation of the
port and the checkpoint
planning, construction and renovation
program.
¡¡¡¡Article
4 In accordance with relevant national legislations and the
need of inspection operation, the port administrative department
shall distribute the property and issue property utilization
certificate to the concerning units of
the port or the checkpoint.
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¡¡
The contents of
property utilization certificate shall include the name, location,
area, usage, and
present condition of the property and the name,
rights and obligations of the utilization unit.
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Article
5 The
port administrative department shall make some necessary
adjustment on the property allocation under
the following
circumstances:
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(1) Alteration of the port or the checkpoint inspection method;
(2) Demand of the port and the checkpoint general planning and
construction program;¡¡¡¡
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The concerning units of the port or
the checkpoint shall accept
the allocation and renew the property
utilization certificate in time in accordance with relevant
regulations .
¡¡¡¡Article
6 Authorized by the port administrative department, the port
or the checkpoint property management and service unit
(hereinafter referred as property management and service unit),
shall be responsible for the maintenance
of buildings, spaces,
facilities and equipment of inspection site within the port and
the checkpoint
area, and be responsible for the administration of
water and power supply, fire protection, sanitation, afforestation
and beautification, and parking lots, etc., in order to keep the
clean and neat environment and to promote the normal operation of
the port
or the checkpoint.
¡¡¡¡The
port administrative department shall administrate and supervise
the property management and service
units.
¡¡¡¡Article
7 The concerning unites of the port or the checkpoint, which
have utilized property outside the inspection site, shall
be
responsible for the management, maintenance and payment for water
and electricity cost.
¡¡
Article
8 The financial budget for the port
or checkpoint property management shall come from :
¡¡(1) Government financial subsidy;
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(2) The port management and construction fee, which shall be
imposed in accordance with relevant national legislations.
¡¡¡¡(3)
Revenue from property management or business service.
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Article 9 The
property management and service unit shall, approved by the port
administrative department, properly
utilize the property resources
and carry out operation service according to law, without
interference
with the security, smoothness and regional
environment of the port or the checkpoint.
Article
10 The establishment of the operation service network of the
port or the checkpoint shall comply with the uniform planning
and
shall report to the port administrative department for approval.
¡¡¡¡Article
11 While utilizing the property, the units relevant to the
port or the checkpoint shall comply with the following provisions:
¡¡
(1) shall not change the structure and appearance of
property and related facilities and equipment without
authorization;
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(2) shall not build, renovate, expand
and demolish any buildings without authorization;
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(3)
shall not change the usage of property and rent, transfer property
or occupy the public place for
one' s own use without
authorization;
¡¡¡¡(4)
shall not set up commercial advertisement;
(5)
shall not violate some relevant provisions to install water and
electric line and gas pipeline;
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(6)
shall not stack the combustible, explosive, deadly poisonous and
radioactive materials, etc. without
authorization;
(7)
shall not engage in the activities endangered public interests or
security through the use of
property;
¡¡¡¡(8)
shall not violate other units' legal rights and interests.
¡¡¡¡Article
12 Within the area of the port or the checkpoint, the
following behavior shall be prohibited:
¡¡¡¡(1)
trample on and occupy the green belt ;
¡¡¡¡(2)
occupy public facilities such as stairways, passages, building
surfaces, platforms, paths, parking
lots, and bicycle ports, etc ;
(3)
throw the garbage and odds and ends randomly ;
¡¡
(4) randomly set up, pile up, dig, etc.
¡¡¡¡(5)
park vehicles and blow the horn at will;
¡¡
(6) damage the buildings;
¡¡¡¡(7)
other behavior prohibited by relevant laws and regulations.
¡¡¡¡Article
13 The units relevant to the port or checkpoint, in order to
meet the needs of establishing property within the port or
the
checkpoint area, shall ask for the opinion of the port
administrative department and report for
approval according to
relevant procedures; while the project is checked before
acceptance, the port
administrative department shall participate.
¡¡
Article 14 After
checking before acceptance of the newly built property within the
area of the port or the checkpoint,
the development and
construction unit shall transfer the following project
construction materials to
the port administrative department:
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(1)
The port and the checkpoint regional planning diagram, red-line
map of developed land, and the
general plane figure of the
completed project;
¡¡
(2) The completed project diagram of single building,
structure, and equipment£»
¡¡¡¡(3)
The completed project diagram of underground pipeline network;
¡¡¡¡(4)
Other necessary materials.
¡¡¡¡Article
15 If the
operation services of the property management and service units
affect the security, smoothness
and normal order of the port or
the checkpoint, the port administrative department shall order
them
to rectify within a specified time; in case fail to rectify
within the specified time or the circumstances are serious,
the
persons who directly in charge and the other persons directly
responsible shall be
pursued according to law.
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¡¡
Article
16 If the
mismanagement and poor maintenance of the property management and
service units leads to a liability
accident, which affects the
normal operation of the port and the checkpoint, the persons
directly in
charge and the other persons directly responsible
shall be
pursued by the port administrative department. If there are any
losses, they shall bear the liability
to pay compensation; if
there are any violations against related legal provisions, the
concerning administrative
departments shall deal with the issue
according to law.
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Article
17
For anyone who
violates the provisions in article 11, the port administrative
department shall order
the offender to rectify within a specified
time and restore to the original state; if there are any losses,
the offender shall bear the liability to pay compensation;
for anyone who alters the usage of the property without
permission, the port administrative department
may take back the
property; if there are any violations against other related legal provisions, the
concerning administrative departments shall
deal with the issue
according to law.
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¡¡¡¡Article
18
For anyone who
violates the provisions in article 12, the port administrative
department shall prohibit
and order the offender to rectify within
a specified time; in case fail to rectify within the specified
time or the circumstances are serious, the property management and
service units, entrusted by the competent
administrative department, shall award penalty
according to the provisions of Regulations of Shenzhen Special
Economic Zone Governing City Appearance and Environmental
Sanitation, Regulations of Shenzhen Special Economic Zone
Governing Road and Traffic Administration Punishment and other
related laws and regulations.
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¡¡¡¡Article
19 If a
staff member of the port administrative department and the property management and
service units fails
to perform his duties, abuses his power,
neglects his duties, or engages in malpractices for personal gain,
he shall be given administrative
sanctions according to law. If
the offense constitutes a crime, his criminal liability shall be
pursued
according to law.
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Article
20 The
municipal government of Shenzhen City shall formulate the
implementation measures in accordance
with the ordinance.
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Article
21
These
regulations shall enter in force as of November 1st ,
1999. |
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