AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the Shanghai Province

You are here:  AsianLII >> Databases >> Laws of the Shanghai Province >> Regulations of Shanghai Municipality on Place-name Administration

[Database Search] [Name Search] [Noteup] [Help]


Regulations of Shanghai Municipality on Place-name Administration

Regulations of Shanghai Municipality on Place-name Administration
 
(Adopted at the 5th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on September 22, 1998)
    
     Chapteró˝ General Provisions
    
     Article 1
     For the purpose of strengthening the place-name administration in this Municipality, and meeting the needs of city construction, social development and people' s living, these Regulations are formulated in accordance with the Regulations on Place-name Administration formulated by the State Council and other relevant laws, administrative regulations and in the light of the actual conditions of this Municipality.
     Article 2
     These Regulations shall apply to the naming, the use, the establishment of land marks and the relevant place-name administration in the administrative areas of this Municipality.
     Article 3
     Place-names in these Regulations include:
     1. Names of districts, counties, townships, towns, neighborhood communities and villages;
     2. Names of hills, rivers, lakes, islands, reefs, sandbanks, shoals, and waterways;
     3. Names of development zones, regions, public greens, public squares, sight-seeing places, farms, and enclosed tidelands;
     4. Names of residential sections, housing clusters, market towns, and natural villages;
     5. Names of urban streets, bridges, tunnels, subways and other urban transit stations and lines, railway stations and lines, highways, airports, harbors, wharves (including ferry stations), long-distance bus stations, and freight transport hubs;
     6. Names of seawalls, and river banks;
     7. Names of buildings and constructed structures; and
     8. Numbers of houses, and lanes.
     Article 4
     The Shanghai Municipal Place-name Committee and the District/County Place-name Committee under the leadership of the people' s government at the same level, shall approve and decide important items concerning place-names, and coordinate the place-name administration within their administrative areas.
     The Shanghai Municipal Place-name Administration Office (hereinafter referred to as the Municipal Place-name Office) and the District/County Place-name Administration Office (hereinafter referred to as the District/County Place-name Office) shall be responsible for the place-name administration within its administrative areas and impose administrative sanctions with the authorized rights in accordance with these Regulations. The District/County Place-name Office is under the leadership of the Municipal Place-name Office in vocational work.
     Article 5
     The Municipal Public Security Organ is the competent administrative department responsible for the administration of house and lane numbers within the municipal areas under the leadership of the Municipal Place-name Office in vocational work. The District/County Public Security Organ is responsible for the administration of house and lane numbers within its administrative areas under the leadership of The Municipal Public Security Organ in vocational works.
     The relevant administrative departments of this Municipality shall, within their own terms of responsibility, do a good job in the place-name administration.
     The People' s Government of Township/Town and the neighborhood community offices shall assist the Municipal Place-name Office, the District/County Place-name Office and the public security organs to supervise and examine place-name administration within their administrative areas.
     Article 6
     Place-name administration shall respect the history and the present situation of the place names in this Municipality, keep the names relatively stable, and standardize and normalize these names.
    
     Chapter II The Naming of Places
    
     Article 7
     The following requirements shall be adhered to in the naming of places:
     1. To defend state sovereignty, territorial integrity, national dignity and be favorable to the unity of the People;
     2. To embody historical, cultural, geographic and economic features of the local places and be suited to the functions laid down in the City Planning;
     3. To have healthy implications and be in line with the social morality;
     4. To forbid using names of the State leaders;
     5. To use correct and standard Chinese characters and avoid using rarely used words;
     6. To give one place one name, which shall match the reality of the local place and be convenient for use; and
     7. To coordinate the derived names with the original ones.
     Article 8
     Names of villages, market towns and rivers under the administration of townships shall not repeat or be similar in pronunciations within the same district/county area.
     Names of similar places within a farm area shall not repeat or be similar in pronunciation.
     Names of other similar places shall not repeat or be similar in pronunciation in the Municipality.
     Article 9
     Buildings shall have house/lane numbers arranged in accordance with street names. The numbering shall be made in order according to regulated distance. If the distance between two adjacent buildings exceeds the regulated standard, spare house/lane numbers shall be reserved for future use.
     House/lane numbers can not be arranged at random or skip over or repeat.
     Article 10
     The Municipal Civil Affairs Organ shall consult the opinions of the Municipal Place-name Office and report the names of the District/County administrative divisions to the Municipal People' s Government. After being approved by the Municipal People' s Government, these names shall be submitted to the State Council for examination and approval according to the relevant State regulations.
     The Municipal Civil Affairs Organ shall consult the opinions of the Municipal Place-name Office and report the names of the Townships/Towns and neighborhood communities to the Municipal People' s Government for examination and approval.
     The Township/Town People' s Governments and neighborhood community offices shall report the names of villages to the District/County Civil Affairs Organs. After consulting the opinions of the District/County Place-name Office, the District/County Civil Affairs Organs shall submit these names to the District/County People' s Governments for examination and approval.
     Article 11
     The Municipal Administrative Department of Waters shall consult the opinions of the Municipal Place-name Office and report the names of trans-provincial, trans-urban rivers and lakes to the Municipal People' s Government. After being verified by the Municipal People' s Government, these names shall be submitted to the State Council for examination and approval according to the relevant State regulations.
     The Municipal Administrative Department of Waters shall report the names of lakes and rivers under the Municipality, Districts/Counties to the Municipal Place-name Office. After being verified by the Municipal Place-name office, these names shall be submitted to the Municipal People' s Government for examination and approval.
     The District/County Administration Competent Department of Waters shall report the names of rivers under Townships to the District/County Place-name Office. After being verified by the District/County Place-name office these names shall be submitted to the District/County People' s Governments for examination and approval.
     The District/County People' s Governments shall report the names of hills, islands and reefs to the Municipal Place-name Office. After being verified by the Municipal Place-name Office, these names shall be submitted to the Municipal People' s Government for examination and approval.
     The Municipal Administrative Department of Traffic Control or the Municipal Administrative Department of Waters shall report the names of waterways, sandbanks, shoals to the Municipal Place-name Office. After being verified by the Municipal Place-name Office, these names shall be submitted to the Municipal People' s Government for examination and approval.
     Article 12
     The competent departments of the development zones shall, after consulting the opinions of the Municipal Place-name Office, submit the names of the Municipal Development Zones to the Municipal People' s Government for examination and approval.
     The competent departments of the development zones shall report the names of District/County Development Zones to the District/ County Place-name Office. After being verified by the District/County Place-name Office, these names shall be submitted to the District/County People' s Governments for examination and approval.
     The Municipal Competent Department of Farms shall report the names of farms to the Municipal Place-name Office. After being verified by the Municipal Place-name Office, these names shall be submitted to the Municipal People' s Government for examination and approval.
     The competent units of enclosing tideland shall report the names of the enclosed tidelands to the District/ County Place-name Office. After being verified by the District/County Place-name Office, these names shall be submitted to the District/County People' s Governments for examination and approval.
     The competent departments shall report the names of the Municipal public green spaces, the public squares and the sight-seeing places to the Municipal Place-name Office for examination and approval. The competent departments shall report the names of the district/county public green spaces, the public squares and the sight-seeing places to the District/County Place-name Office for examination and approval.
     Article 13
     The construction units shall report the names of the residential sections to the District/County Place-name Office. After being verified by the District/County Place-name Office, these names shall be submitted to the "Municipal Place-name Office" for examination and approval.
     The neighborhood community offices or the Township/Town People' s Governments shall report the names of the housing clusters and market towns to the Municipal Place-name Office for examination and approval.
     Article 14
     The Municipal Civil Engineering Competent Department shall report the names of the city roads above main highways and their bridges to the Municipal Place-name Office. After being verified by the Municipal Place-name Office, these names shall be submitted to the Municipal People' s Government for examination and approval.
     The competent departments shall report the names of city roads below main highways and their bridges to the District/County Place-name Office. After being verified by the District/County Place-name Office, these names shall be submitted to the Municipal Place-name Office for examination and approval. And the Municipal Civil Engineering Department shall report the names of the trans-district/county roads to the Municipal Place-name Office for examination and approval.
     The competent departments shall report the names of the bridges not mentioned in Section 1 and Section 2 of this Article to the place-name office at the same level. After being verified by the Municipal Place-name Office or the District/County Place-name Office, these names shall be submitted to the governments at the same level for examination and approval.
     The competent departments shall report the names of the tunnels, subways and urban transit stations and lines to the Municipal Place-name Office. After being verified by the Municipal Place-name Office, these names shall be submitted to the Municipal People' s Government for examination and approval.
     The Municipal Administrative Department of Traffic Control shall report the names of the harbors (including ferry stations) along the municipal rivers to the Municipal Place-name Office for examination and approval. The District/County Administrative Departments of Traffic Control shall report the names of the harbors (including ferry stations) along the District/County rivers to the District/County Place-name Office for examination and approval.
     The competent departments shall report the names of the long-distance bus stations, freight transport hubs to the Municipal Place-name Office for examination and approval.
     Article 15
     The railway administrative departments shall, after consulting the opinions of the Municipal Place-name Office, report the names of the railway station and lines to the Railway Administrative Department of the State Council for examination and approval according to the relevant State regulations.
     The civil aviation administrative departments shall, after consulting the opinions of the Municipal Place-name Office and being examined and approved by the Municipal People' s Government, report the names of the airports to the Civil Aviation Administrative Department of the State Council for examination and approval according to the relevant State regulations.
     The Municipal Administrative Department of Traffic Control shall, after consulting the opinions of the Municipal Place-name Office, report the names of the harbors to the Municipal People' s Government for examination and approval.
     Article 16
     The Municipal Administrative Department of Engineering Projects shall, after consulting the opinions of the Municipal Place-name Office, report the names of the trans-provincial or trans-urban roads to the Municipal People' s Government for examination and approval. After being verified, these names shall be legally submitted to the Administrative Department of Traffic Control of the State Council for examination and approval.
     The Municipal Administrative Department of Engineering Projects shall, after consulting the opinions of the Municipal Place-name Office, decide the names of the roads above county level but not mentioned in the previous Section.
     The District/County Administrative Department of Engineering Projects shall, after consulting the opinions of the District/County Place-name Office, decide the names of the roads at Township/Town level. The relevant District/County Administrative Departments of Engineering Projects shall report the names of the trans-district/county roads to the Municipal Administrative Department of Engineering Projects. After consulting the opinions of the Municipal Place-name Office, the Municipal Administrative Department of Engineering Projects shall decide these names.
     Article 17
     The Municipal Administration Department of Waters shall report the names of seawalls, and river banks to the Municipal Place-name Office for examination and approval.
     Article 18
     If a building or a constructed structure needs a name, the property right possessors shall submit the name to the District/County Place-name Office for examination and approval.
     Article 19
     The construction units or the property right possessors shall apply to the detached offices of the Municipal Public Security Organ for the house and lane number. After arranging the numbers, the detached offices of the Municipal Public Security Organ shall report these numbers to the District/County Public Security Organs for examination and approval. The District/County Public Security Organs shall report the house and lane numbers of the buildings on both sides of a trans-district/county urban street or highway to the Municipal Public Security Organ for examination and approval.
     Article 20
     Place-names may be altered in one of the following cases:
     1. Due to the adjustment of the district divisions, the names of Districts, Counties, Townships, Towns, neighborhood communities and villages need to be altered;
     2. Due to the change in the trend of a road, the road names need to be altered;
     3. Due to the application of a property right possessor, the name of a building or a constructed structure needs to be altered;
     4. Due to the change in the name or the type of a road, or the change in the extension of a road, the house and lane numbers need to be altered; or
     5. Names need to be altered with the approval of the Municipal People' s Government or the State Council or any departments concerned.
     The Municipal Place-name Office or the District/County Place-name Office shall issue a notice for the alteration of names which are not in line with the prescriptions of Item 1, 3 and 4 of Article 7. The relevant unit or individual person shall go through formalities of name alteration within 3 months from the date when the notice is received.
     The Examination and approval process for the application of name alteration shall be in line with the prescribed process of this Chapter, and the construction unit of a road or the District/County Administrative Competent Department of Construction shall apply to the District/County Administrative Department of Construction for the alteration of house or lane numbers.
     Article 21
     The District/County Place-name Office shall report to the Municipal Place-name Office the disappeared names due to natural changes for their cancellation. The competent departments or the construction units shall report to the District/County Place-name Office the disappeared names due to the adjustment of district divisions or the city construction for their cancellation. The District/County Place-name Office shall report to the Municipal Place-name Office these canceled names for the record.
     Generally, the canceled names shall not be used in new places of the same kind.
     Article 22
     The party applying for new place names, name alterations and name cancellations shall fill in the application form accurately together with the relevant certificates and materials, false and untrue applications are strictly prohibited.
     Article 23
     The party applying for the names mentioned in Item 5 of Article 3 shall go through the process of place-name application before applying for the Permit for Planning of Construction Project.
     Article 24
     Departments in charge of place-name administration in this Municipality shall make their decisions on the examination and approval within 30 days from the date when the application is received. The Municipal People' s Government shall make its decision on the examination and approval within 60 days from the date when the application is received, and a failure to make its decision within the given period of time shall be deemed as consent.
     The Municipal Public Security Organ or the District/County Public Security Organs shall make their decisions on the examination and approval within 30 days from the date when the application for house and lane number is received,
     The department in charge of place-name administration in this Municipality shall copy the examined and approved documents to the Municipal Place-name Office for the record within 15 days from the date when the examination and approval procedure starts.
     Article 25
     Place-names having been used before the implementation of these Regulations and having been compiled into a geographical gazetteer by the Municipal Place-name Office shall be deemed as the approved names by these Regulations.
    
     Chapter III The Use of Place-names
     Article 26
     The place-names that have been legally approved, altered or canceled except house and lane numbers shall be published to the public in newspapers within 3 months from the date when the Municipal Place-name Office or the District/County Place-name Office approves or cancels the place-names, and the applicants shall bear the expenses for the publication.
     Article 27
     Place-names shall be written in standard Chinese characters published by the State Administration of Language and Writing System, and the house and lane numbers shall be written in Arabic numerals at the same time.
     The Roman alphabet spelling of place-names shall be in conformity with the Scheme of the Chinese Phonetic Alphabet and the Regulations of the Chinese Phonetic Alphabet Spelling of Place-names published by the State.
     Article 28
     Announcements, documents, certificates, maps, geographic textbooks, place-names records, place-name dictionaries, and real estate advertisements must use the legally approved names with the exception of the names used in history.
     Article 29
     The following administrative departments shall check the approved documents for the names of buildings or constructed structures when they examine and approve the relevant certificates, and shall not handle the regulated procedure without approved documents:
     1. The planning administrative departments in the examination and approval of the permit for construction project planning;
     2. The real estate administrative departments in the examination and approval of the permit of the advance sale of commercial houses; and
     3. The housing construction administrative departments in the examination and approval of the permit for the delivery of newly built houses.
     Article 30
     The Municipal and District/County Place-name Offices shall set up a place-name data administration system, and keep them intact for inquiring service.
    
     Chapter IV The Erection of Land Marks
    
     Article 31
     Land marks shall be erected in the following cases:
     1. Place-names listed in Item 5 of Article 3;
     2. Names of residential sections;
     3. Names of market towns; and
     4. House and lane numbers.
     Land marks shall be erected for the places not mentioned in the previous Section in line with the actual needs and the environment conditions.
     Article 32
     The party that erects land marks shall be determined according to the following regulations:
     1. The construction units or the competent departments concerned shall be the parties that erect marks for place names listed in Item 5 of Article 3;
     2. The construction units or the neighborhood community offices concerned shall be the parties that erect marks for residential section names;
     3. The Township/Town People' s Governments shall be the parties that erect marks for market town names;
     4. The construction units or the property right possessors shall be the parties that erect plates for house and lane numbers. The road construction units or the Municipal People' s Government or the District/County People' s Governments shall be the parties that erect the replaced house and lane number due to the changes in the trend, the type or the extension of a road.
     Article 33
     Place-name marks shall be erected at the assigned spots in the following cases:
     1. Marks of a residential section shall be erected at the joint access of the residential section to the main city roads or highways;
     2. Marks of a market town shall be erected at the borders of the town where the main city roads or highways pass by;
     3. Signposts of a road shall be erected at the starting and the terminal points and the crossroads of a city road or a highway, and an additional signpost shall be erected in between if the distance between the two crossroads is too far away.
     Signposts not mentioned in the previous Section shall be erected at the proper and obvious spots in line with the actual needs and the environment conditions.
     Article 34
     Signposts listed in Item 5 and 8 of Article 3 shall be erected before the construction projects are delivered for use.
     Signposts of a residential section shall be erected before all the construction projects required by the planning are completed.
     If the place-name listed in Item 5 and 8 of Article 3 are altered, the party that erects the signposts shall change the place-name signposts within 3 months from the date when the approved document is received.
     Article 35
     The party that erects signposts shall use the uniformly designed road signposts and house or lane numbers.
     Signposts on highways shall be made in accordance with the model designed by the State.
     Signpost models of the city roads and streets shall be decided by the Municipal Administrative Competent Department of Engineering Projects together with the Municipal Place-name Office.
     House or lane number models of this Municipality shall be decided by the Municipal Public Security Organ together with the Municipal Place-name Office.
     Article 36
     The party that erects signposts shall keep the signposts distinct and intact, any signposts damaged or with words lost shall be replaced whenever they are found.
     Article 37
     Any units or individual persons shall be obliged to protect the signposts, and the following actions are prohibited:
     1. Alter or stain the signposts;
     2. Shelter or cover the signposts;
     3. Move or demolish the signposts without any authorization; or
     4. Any other actions damage the signposts;
     Whenever a signpost needs to be moved or demolished, the party concerned shall consult with the party that erects the signpost. After the competent department or the District/County Place-name Office approves and consents to bear the relevant compensations, the signpost may be moved or demolished.
    
     Chapter V Legal Liability
    
     Article 38
     Violations of the provisions of these Regulations shall be disposed of according to the following regulations:
     1. Any unauthorized naming or charging of place-names except house or lane numbers, or applying with false information, must be corrected under the orders of the Municipal or the District/County Place-name Office before a fixed date. And any unauthorized naming or changing of the names of development zones, buildings and constructed structures or applying with false information shall be imposed a fine of 3,000 to 30,000 yuan if the correction is not made until the prescribed time limit.
     2. Any unauthorized decisions or changes of house or lane numbers shall be corrected under the orders of the Municipal or District/County Public Security Organ before a fixed date. If the correction is not made until the prescribed time limit, a fine of 300 to 3,000 yuan shall be imposed.
     3. Any unauthorized moving or demolishing of house or lane numbers, any harmful influence over their use or any damages to house or lane numbers shall be corrected under the orders of the Municipal or District/County Public Security Organ before a fixed date. If the correction is not made until the prescribed time limit, a disciplinary warning or a fine not more than 50 yuan shall be imposed. In case economical loses are caused, the party concerned shall make compensations according to law.
     4. Any unauthorized moving or demolishing of signpost except house or lane numbers , any harmful influences over their use or damages to the signposts shall be corrected under the orders of the Municipal or District/County Place-name Office before a fixed date. If the correction is not made until the prescribed time limit, a disciplinary warning or a fine not more than 500 yuan shall be imposed. In case economical loses are caused, the party concerned shall make compensations according to law.
     5. If a party fails to go through the formalities of altering the names of buildings or constructed structures, which are supposed to be altered, within the prescribed time limit, the Municipal or the District/County Place-name Office shall impose a disciplinary warning or a fine of 300 to 3,000 yuan; or
     6. Any violations of Article 27, Article 33, Article 34, Section 1 of Article 35, and Article 36, the Municipal or District/County Place-name Office shall order the party concerned to make a correction within a time limit. If the correction is not made until the prescribed time limit, the Municipal or the District/County Place-name Office may make the correction in the violator' s name instead, but the party that erects the signposts shall bear all the corresponding expenses.
     Article 39
     If any unit, in violation of these Regulations, exceeds or illegally examines and approves place-name applications, its superior competent department shall order it to make a correction or cancel the approval. In case economical loses are caused, the unit concerned shall make compensations according to law.
     Article 40
     If the staff members of the department of place-name administration and the department of examination and approval neglect their duties, abuse their powers or malpractice for personal gains, the departments they work in or the superior competent department shall impose on them disciplinary sanctions. Those whose act constitutes a crime shall be prosecuted for their criminal liability according to law.
     Article 41
     If the party concerned refuses to obey the administrative act of the department of place-name administration and the department of examination and approval, he or she may apply for reconsideration or bring an administrative action in the local people' s court in accordance with the Regulations on Administrative Review and the Administrative Litigation Law of the People' s Republic of China. If the party concerned refuses to obey the administrative act of the Municipal or the District/County Place-name Office, he or she may apply to the Municipal or District/County People' s Government for review.
     If the party concerned neither applies for review, nor institutes an action at law and fails to perform the administrative decision within the legal time limit, the Municipal or District/County Place-name Office, the Municipal or District/County Public Security Organ that has made the administrative decision may, in accordance with the Administrative Litigation Law of the People' s Republic of China, apply to the people' s court for enforcement.
    
     Chapter VI Supplementary Provisions
    
     Article 42
     The following terms as used in these Regulations are defined as the following:
     1. The term "waterway" refers to the channels at Yangtse Estuary for navigation of ships and boats, such as Wusongkou Waterway, Baoshan Waterway, Xinqiao Waterway, etc.;
     2. The term "region" refers to a certain area with no clear and definite boundary, such as the Bund, Caojiadu, Dapuqiao, etc.;
     3. The term "housing cluster" refers to an area which has evolved from an original village but now has a certain limits, and all the house plates are arranged under the same name, such as Kangjiaqiao in Jingan District, and the East Village of Lujiazhai in Putuo District, etc..
     Article 43
     These Regulations shall become effective on January 1, 1999.
    


AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/sh/laws/rosmopa588