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深圳经济特区陆路口岸和特区管理线检查站物业管理规定 Regulations of Shenzhen Special Economic Region on Property Management of Land Ports and Boundary Checkpoints

2006-05-14 15:54   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 34th Session of the Standing Committee of the Second People’s Congress of Shenzhen City on August 24th, 1999)
颁布日期:19990824  实施日期:19991101  颁布单位:深圳市人大常委会

  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.

  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.

  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.

  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.

  Article 5 The port administrative department shall make some necessary adjustment on the property allocation under the following circumstances:

  (1) Alteration of the port or the checkpoint inspection method;

  (2) Demand of the port and the checkpoint general planning and construction program;

  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;

  (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.

  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;

  (2) shall not build, renovate, expand and demolish any buildings without authorization;

  (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;

  (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:

  (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.

  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.

  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.

  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.

  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.

  Article 20 The municipal government of Shenzhen City shall formulate the implementation measures in accordance with the ordinance.

  Article 21 These regulations shall enter in force as of November 1st , 1999.

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