Decision of the Shanghai Municipal People's Government on the Revision of the 32 Municipal Regulations Including the Measures of the Shanghai Municipality for the Supervision of Safe Production of Hazardous Chemical Goods

Decision of the Shanghai Municipal People's Government on the Revision of the 32 Municipal Regulations Including the Measures of the Shanghai Municipality for the Supervision of Safe Production of Hazardous Chemical Goods

Order of Shanghai Municipal People's Government [2004] No. 28

June 24, 2004

In accordance with relevant provisions of the "Administrative Licensing Law of the People's Republic of China", the Municipal People's Government has decided to make the following amendments to the 32 regulations and normative documents of the Municipal People's Government, including the "Procedures of Shanghai Municipality on the Administration of Production Safety Supervision of Hazardous Chemical Goods":

I. Amendments to the "Procedures of Shanghai Municipality on the Administration of Production Safety Supervision of Hazardous Chemical Goods":
(1) Article 11 is changed to:
The construction or on-the-spot reconstruction, or extension of small-sized hazardous chemical goods production enterprise shall be examined and approved in accordance with the "Regulations on the Safe Management of Hazardous Chemicals".
(2) Article 12 is deleted.

II. Amendment to the "Procedures of Shanghai Municipality on the Administration of Property Rights Transaction":
Article 9 is deleted.

III. Amendment to the "Procedures of Shanghai Municipality on the Operation and Use of Pesticides":
Article 12 is deleted.

IV. Amendments to the "Procedures of Shanghai Municipality on the Administration of Chemical Industry Zone":
(1) Article 3 is changed to:
The planning area of the SCIA is at the south of Shanghai and the north coast of Hangzhou Bay, at the area between the Caojing Town of the Jinshan District and Zhelin Town of the Fengxian District. Its total area is 29.4 square kilometers.
(2) Article 18 is changed to:
The AC shall make public at the working places the basis, contents, conditions, procedures, time limit, the catalogue of the materials that shall be submitted, and the model text of application concerning the examination and approval matters.
In case the applicant requests the AC to give an explanation or an interpretation of the contents that are made public, the AC shall provide accurate and reliable information.
The SCIA shall perfect its intermediary service system, provide intermediary service for talented personnel, labor, financial affairs, finance, standards, weight and measure, patent, law as well as notarization, etc. for the enterprises and organizations in the SCIA.
The SCIA shall set up customs declaration agency and report for inspection agency in accordance with laws, and provide foreign trade services for enterprises and organizations in the SCIA.

V. Amendment to the "Provisions of Shanghai Municipality on Promoting Development of Zhangjiang High-Tech Park Area":
Article 18 is changed to:
The park area office shall make public at the working places the basis, contents, conditions, procedures, time limit, the catalogue of the materials that shall be submitted, and the model text of application concerning the examination and approval matters.
In case the applicant requests the park area office to give an explanation or an interpretation of the contents that are made public, the park area office shall provide accurate and reliable information.
An enterprise in the park area may lodge complaints to the park area office about the administrative acts of the administrative departments that fail to comply with these Provisions or about the fact that the preferential treatment it is entitled to fails to be carried out.

VI. Amendments to the "Procedures of Shanghai Municipality on Transfer of Real Estate":
(1) Article 13, Clause 1, Item 3 is deleted.
(2) Article 32, Clause 1, Items 7 and 8 are deleted.
(3) Article 46 is deleted.
(4) The original article 47 is changed to:
(Conclusion of a transfer contract of housing construction project)
In the event of the transfer of a housing construction project, the transferor shall produce to the transferee documents that comply with the provision under Article 45 of these Procedures, and enter into a transfer contract with the transferee.
(5) The original Article 50, Clause 1, Item 4 is changed to:
Any person sells in advance commodity housing without obtaining the advance sale license in violation of the provision under Article 33 of these Procedures shall be ordered to stop the advance sale and shall have his or her illegal gains confiscated, and may be cumulatively penalized with a fine equal to the amount of less than 1 per cent of the payment in advance that has been collected.
(6) The original Article 50, Clause 1, Item 5 is changed to:
Any person who transfers a housing construction project without authorization in violation of the provision under Article 45 of these Procedures shall have his or her illegal gains confiscated, and may be cumulatively penalized with a fine equal to the amount of less than five times the illegal gains.
(7) The original Article 51 is changed to:
(Handling the obliteration or forging of relevant certificates)
Any person that obliterates or forges the license of advance selling commodity housing shall have the license that is obliterated or forged confiscated according to law by the Municipal Housing, Land and Resources Administration or the district/ county real estate administrative department, and shall be referred to the judicial organ to be punished according to law.

VII. Amendments to the "Procedures of Shanghai Municipality on the Administration of Rural Personal Housing Construction":
(1) Article 3, Clause 3 is changed to:
The township (town) people's government is responsible for the administration work of rural personal home building in its own administrative area, examining and issuing, with authorization of the county/district planning administrative department, the "License for Rural Personal Housing Construction Project Planning", and making inspection upon work start of and acceptance test upon completion of rural personal home building.
(2) Article 12, Clause 1 is changed to:
The township(town) people's government, after receiving the "Application Form for Rural Personal Home Building" submitted by the villagers' committee and the written application of the home building applicant, shall examine and verify the land-use area, home building location, building area standard, floor number and height of house, and process the examination and approval formalities according to the following provisions:
A. Where the original house site or other non-arable land is used for rural personal home building, upon examination and verification by the township(town) people's government within 20 days, the county/district people's government shall make examination and approval within 30 days.
B. Where arable land (including land allotted for private use, the same below) is used for rural personal home building, upon examination and verification by the township(town) people's government within 20 days and after seeking from the county/district planning administrative department opinions about the location selection, within the scope of agriculture-turned-to-construction-use land approved by the Municipal People's Government, the county/district people's government shall make examination and approval within 30 days.
C. Where the original house site and other non-arable land as well as arable land are used for rural personal home building, the provision in the preceding item shall be followed.
(3) Article 13 is changed to:
Where an employee of a state-run farm, state-run tree farm, state-run livestock farm or state-run fish farm applies for home building land, the local county/district people's government shall make examination and approval within 30 days according to provisions.
(4) Article 16 is changed to:
Relevant taxes and fees for rural personal home building shall be paid as provided.
(5) Article 17 is changed to:
Rural personal home building shall be completed within the prescribed term. The completion term is generally one year, not exceeding two years at most.
The township (town) people's government, when examining and verifying and issuing the "License for Rural Personal Housing Construction Projects Planning", shall appraise and fix the completion term for rural personal home building.
(6) Article 18, Clause 2 is changed to:
The township (town) people's government, after receiving the report on work starting date, shall make inspection on the spot. After completion of home building, the township (town) people's government shall make acceptance test on the spot.
(7) Article 21 is changed to:
A rural resident household that meets the requirements for rural personal home building land use may buy other person's house in its own collective economic organization; both the buyer and seller shall go through within two months the formalities for alteration of home site use rights and for house buying and selling transaction.
(8) Article 36 is deleted.
(9) The original 38 is changed to:
For failure to complete the rural personal home building by the expiry of the deadline, the completion of work within a time limit shall be ordered, and a fine of 100 yuan for each overdue month, but not exceeding 1000 yuan at most, shall be imposed.
(10) Other amendments:
In Article 1 the words "Regulations of Shanghai Municipality on the Administration of Urban Planning" are changed to "Regulations of Shanghai Municipality on Urban Planning".
In Articles 3 the words "Shanghai Municipal Housing and Land Administration" are changed to "Shanghai Municipal Housing, Land and Resources Administration".
In Articles 3 and 6 "MHLA" is changed to "MHLRA".
In Article 6 the words "Municipal Plan Commission" are changed to "Municipal Development and Reform Commission".
In the original articles 37 and 40 the words "the deposit for home building land use shall not be refunded" are stricken out.
In the original article 48 the "Shanghai Municipal Construction Commission" is changed to "Shanghai Municipal Construction and Management Commission".
The words "License for Rural Personal Housing Construction Project" in relevant articles are changed to "License for Rural Personal Housing Construction Project Planning".

VIII. Amendments to the "Procedures of Shanghai Municipality on the Administration of Inland Port":
(1) Article 9 is changed to:
The Municipal Port Administration shall, within 20 days from receiving an application for the use of shoreline and relevant document materials, make a decision of approval. Where a decision cannot be made within 20 days, upon approval of the person-in-charge of the administrative organ, the period may be prolonged for 10 days and the applicant shall be notified of the reason for the elongation.
The Municipal Port Administration shall issue the "Shoreline Use Certificate" or "Temporary Shoreline Use Certificate" in case of approval after examination; and shall give a reply in case of denial.
(2) Article 17 is changed to:
Where the establishment of an inland water stevedoring enterprise is requested, or where an inland special dock unit, a private enterprise or a self-employed worker requests to engage in commercial inland water stevedoring business, the municipal and county/district port competent administrative departments shall, according to relevant provisions of these Procedures and after making comprehensive balance of handling volume and capacity of inland water stevedoring, the present situation of port area and other conditions, render examination and approval.
(3) Article 18 is changed to:
Where an inland water stevedoring enterprise is set up, or where an inland special dock unit, a private enterprise or a self-employed worker requests to engage in commercial inland water stevedoring business, the requirements set out in the "Port Law of the People's Republic of China" shall be met.
(4) Article 19 is changed to:
Procedure and authority of examination and approval of business starting
A. Where an application is made for the establishment of an inland water stevedoring enterprise, and where a special dock unit inside the municipal-controlled inland waterway, a private enterprise or self-employed worker in the urban area requests to engage in commercial inland water stevedoring, an "Application for Inland Water Stevedoring Enterprise (Self-employed Worker) to Start Business" shall be submitted to the Municipal Port Administration. The Municipal Port Administration shall, within 30 days from the date of receiving the application, make according to law a decision of approval or denial. In case of approval, a port business license (hereinafter referred to as license) shall be issued; in case of denial, the applicant shall be notified in writing of the reason.
B. Where other special dock unit, private enterprise or self-employed worker applies for the conduct of commercial inland water stevedoring, an "Application for Inland Water Stevedoring Enterprise (Self-employed Worker) to Start Business" shall be submitted to the local county/district port competent administrative department. The county/district port competent administrative department shall, within 30 days from the date of receiving the application, make according to law a decision of approval or denial. In case of approval, a license shall be issued; in case of denial, the applicant shall be notified in writing of the reason.
(5) Article 20 is changed to:
A unit, private enterprise or self-employed worker that has obtained a license shall, before starting business, according to relevant State provisions, by presentation of the license, apply for registration with the industrial and commercial administrative department, and shall not start business unless approval is obtained and the "business license" taken out.
(6) Article 29, Item 1 is changed to:
A. A person who is engaged in inland water stevedoring without having obtained a license according to law, shall be ordered to stop illegal operation, and have his or her illegal gains confiscated, and may be cumulatively penalized with a fine equal to the amount of more than two times but less than five times the illegal gains if it is more than 100,000 yuan; if the illegal gain is less than 100,000 yuan, a fine of not less than 50,000 yuan and not more than 200,000 yuan shall be imposed.
(7) Other amendments:
In Article 4 "Shanghai Municipal Urban Communications Administration" is changed to "Shanghai Municipal Port Administration".
In Articles 7 and 8 "local county/district navigation affairs body", "municipal navigation affairs body", "navigation affairs body" and "local navigation affairs body above the level of county or district" are changed to "Municipal Port Administration".
In relevant articles "municipal communications administration" is changed to "Municipal Port Administration".
In relevant articles "competent administrative department of communications" is changed to "port competent administrative department".
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