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Decision of the Tianjin Municipal People’s Government on the Amendment of Regulations on Urban Construction Archive Administration

新闻日期: 2015-06-25    文章来源:

The People’s Government of Tianjin Municipality


Decree No.10


 


    The Decision of the Tianjin Municipal People’s Government on the Amendment of the Regulations of Tianjin Municipality on Urban Construction Archive Administration was adopted by the Municipal People’s Government at its 37th Executive Meeting on August 29, 2014 and is hereby promulgated. These Regulations shall go into effect as of the date of promulgation.


 


Mayor  Huang Xingguo


Tianjin Municipal Government


September 10, 2014


 


Decision of the Tianjin Municipal People’s Government on the Amendment of Regulations on Urban Construction Archive Administration


 


The Municipal People’s Government has decided to make the following amendments to the Regulations of Tianjin Municipality on Urban Construction Archive Administration (Decree No. 5, 2003 of the Tianjin Municipal People’s Government):


1. Paragraph 2 of Article 4 is changed to read as follows: “The department designated by the district and county people’s government shall be in charge of the administration of urban construction archives in areas under their jurisdiction.”


2. Paragraph 4 of Article 6 is changed to read as follows: “Information about the construction project shall be submitted and stored not only in the paper-medium archives, but also in the relevant electronic archives and audio-video archives at the same time in accordance with relevant provisions.”


3. The words in Article 8 “No permit of construction project permit shall be examined and issued without going through filing pre-regiatration formalities” shall be deleted.


4. The wording in Paragraph 1 of Article 10 “after the project is completed” is changed to read as “ after the project is completed and passes acceptance examination.”


5. Article 14 is deleted in its entirety.


6. The wording in Article 15 “New techniques shall gradually be applied to realize informatinization and modernization of the management of files so as to render services for society and urban construction” shall be deleted.


A new paragraph is added in Article 15 as Paragraph 2, which read as follows: “Urban construction archives shall include an urban construction archive bank, push forward digital storage and make use of web-based management so as to provide basic statistics and service to society in accordance with law.”


7. Paragraph 1 of Article 16 is changed to read as follows: “ Citizens, legal persons and other organizations that make use of urban construction files open to the public in the urban construction archive shall produce valid ID and to go through proper procedures in accordance with relevant provisions.”


Paragraph 2 of Article 16 is deleted.


8. The wording “state confidentiality” in Article 18 is changed into “ state secrets.”


A new paragraph is added to Article 18 as Paragraph 2, which reads as follows: “Construction archive management shall adopt necessary techniques and equipment to ensure safety and improve the conditions for management and keeping safety.”


9. The wording in Article 21 “administrative sanctions shall be imposed in accordance with relevant laws and regulations” is changed to read as follows: “sanctions shall be imposed in accordance with the provisions of relevant laws and regulations.” 


10.The wording in Paragraph 1 of Article 4 and Paragraph 2 of Article 5 “ The Municipal Bureau of Planning and Land Resources” is changed to read “The Municipal competent administration for planning”; the wording in Article 20 “the Municipal bureau of Planning and Land Resources is changed into “ competent administration for planning”; the wording in Paragraph 1 of Article 4 and Paragraph 2 of Article 5 “the Municipal Archive Bureau” is changed into “the Municipal competent department for archives administration.”; The wording in Article 19 “ The Municipal, district and county archive bureau is changed to read “competent department for archive administration”; Paragraph 1 of Article 4 “The Municipal urban construction archive administration section” is changed to read as “ The Municipal urban construction archive administration center; the wording in Article 9 “The Municipal urban construction archive administration section” is changed to read as “ the urban construction archive administration center or the department designated by district and county people’s government.”


The series numbers of article and punctuation marks shall be adjusted accordingly.


This Decision shall go into effect as of the date of promulgation.


The Regulations of Tianjin Municipality on Urban Construction Archive Administration shall undergo corresponding changes and re-promulgated.


 


Regulations of Tianjin Municipality on Urban Construction Archive Administration


(Promulgated by the Tianjin Municipal People’s Government on August 15, 2003 and amended in accordance with the Decision of the People’s Government of Tianjin Municipality on the Amendment of Regulations of Tianjin Municipality on Urban Construction Archive Administration on September 10, 2014)


 


Article 1  These Regulations are enacted in accordance with relevant laws and administrative regulations and in light of the actual conditions of this Municipality with the purpose of strengthening the administration, protection and utilization of Tianjin Urban Construction Archives ( hereinafter referred to as “Urban Construction Archives”), bringing their use into full play in the city’s planning, designing, construction and administration so as to promote Tianjin’s social and economic development.


Article 2 These Regulations shall apply to the collection, submission, reception, arrangement, keeping, use and management of Urban Construction Archives in areas under the jurisdiction of this Municipality.


The Urban Construction Archives mentioned in these Regulations refer to the historical records and related data in various forms, including writings in different languages, drawings, graphs, audio-visual information, whose preservation is of value to the State and society and which have been or are being directly formed in the planning, designing, construction and administration of the city and town.


Article 3  The people’s governments of the Municipality, district and county shall incorporate the development of Urban Construction Archives and the setup of archives institutions into the program of national economic and social development plan, gradually increase the input in Urban Construction Archives, and ensure the organ, staff and running expenses can meet the demand of the development of Urban Construction Archives.


Article 4  The Municipal Planning Administrative Competent Department shall exercise administration over the whole city’s Urban Construction Archives under the supervision and guidance of the Municipal Archives Competent Administrative Department. The Municipal Urban Construction Archives Administration Center shall be responsible for the day-to-day management and the Municipal Urban Construction Archives shall take charge of reception, collection, arrangement, keeping and use of Urban Construction Archives.


 The department designated by the district or county people’s government shall be in charge of the administration of urban construction archive in areas under their jurisdiction.


Article 5  The scope of files that the Urban Construction Archives shall receive include:


1.       Various urban construction engineering archives;


(1)    Industrial and civil construction facilities;


(2)    Municipal engineering of infrastructure facilities;


(3)    Engineering of utility infrastructure facilities;


(4)    Engineering of transportation infrastructure facilities;


(5)    Construction engineering of gardens, scenic spots and places of interest;


(6)    Construction engineering of the facilities for the appearance of the city and environmental sanitation and protection;


(7)    The city’s anti-flood and anti-earthquake engineering; and


(8)    The run of the underground pipes and lines crossing the urban areas and the location maps in relation to concealed engineering of the archival data of people’s air defense and military engineering with the exception of the military forbidden area and the military garrison area.


2.       Records of business management and technical operation formed in various specialized departments of the construction system (city planning, land, survey, designing, construction operation, supervision, gardens, scenic spots and places of interest, the appearance of the city, environmental sanitation and protection, Municipal administration, public utility, real estate, and people’s air defense).


3.       Documents in relation to the city’s planning, construction and its administrative principles, policies, legislation, and plans; basic data about achievements of scientific research and the city’s history, nature and economy.


4.       Other urban construction archives whose preservation is of value.


The specific scope of urban archives worthy to be accepted and preserved shall be determined by the Municipal Planning Administrative Competent Department and the Municipal Archives Competent Administrative Department.


Article 6  Urban construction archives submitted by construction units shall meet the following requirements:


1.       The archives shall be complete, accurate and systematic, and shall meet the file quality standards prescribed by the State and Tianjin Municipality;


2.       The as-built drawing of a construction project shall be in line with the engineering entity and shall be affixed with the seal of completion, and the formalities of signing to acknowledge its reception shall be complete.


3.       The working out of the acceptance drawing of lines and pipes shall be based on the results of the acceptance survey.


4.       Information about construction project shall be submitted and stored not only in the paper- medium archives, but also in the relevant electronic archives and audio-video archives at the same time in accordance with relevant provisions.


Article 7  Starting from the project approval, the unit of surveying, planning, construction and supervisions shall compile project archives, thus making the collection and compiling of archives keep pace with construction progress, and transfer them to the construction unit according to relevant provisions.


Article 8  An archives pre-registration system shall be instituted for construction projects. In applying for a permit of construction project planning, the construction unit shall go through formalities of archives pre-registration, fill in the form of construction project archives and sign a submission responsibility agreement of project archives.


Article 9  Within 30 days prior to the acceptance of the construction project planning, the construction unit shall ask the Municipal Administrative Center of Urban Construction Archives or the department designated by district and county people’s government to conduct a pre-acceptance for the formed construction project files. After the pre-acceptance of the project files meets the requirements, the Municipal Administrative Center of Urban Construction Archives shall issue a certificate of the pre-acceptance of the project files within two workdays. With the certificate of pre-acceptance of the project files, the construction unit shall apply to the competent administrative department of the Municipality, district or county for the acceptance of the construction project plan.


The construction unit shall, after passing completion acceptance, submit the files to the Urban Construction Archives in time.


The Municipal Administrative Center of Urban Construction Archives or the department designated by the district or county people’s government shall, after the acceptance check of the construction project files submitted by the construction unit, issue the “ Certificate of Approval on Acceptance of Construction Project Files of Tianjin Municipality”, The competent administrative department for construction shall not handle the files of acceptance of the completed project if the construction unit fails to obtain the above-mentioned “certificate”.


The acceptance check of the files of a construction project shall be conducted under the relevant stipulations of the State and Tianjin Municipality.


Article 10  For the files that fall within the scope of urban construction archives, the construction unit shall submit a complete set of qualified construction project files to the Urban Construction Archives within 90 days after the project is completed and passes acceptance examination.


For projects of renovation, expansion, and repairing of important parts of a structure, the construction unit shall organize the units of survey, planning, construction and supervision to alter, supplement and perfect the files of the original project, and submit files of the construction project to the Urban Construction Archives within 90 days after the project is completed, checked and put on the record.


The construction unit shall be responsible for collection, arrangement and safekeeping of the files of a construction project that has been suspended or delayed.


Article 11 The files of the city underground pipes and lines formed after general investigation, supplementary survey and drawing shall be transferred to the Urban Construction Archives within 90 days after the completion of the general investigation, survey and drawing.


Article 12  The business management and technical files of the specialized administrative departments of the construction system, if worthy of being preserved permanently, shall be transferred in its entirety to the Urban Construction Archives under relevant regulations after they have been kept in the relevant department for one to five years. Among the above-mentioned files, the Urban Construction Archives shall accept those that have the value of long-term preservation in light of the needs of urban construction.


Article 13  The construction unit of a project shall draw up files of the project in accordance with the State provisions. The expenses for composing project files shall be listed in the project budget.


Article 14  A management system shall be established and improved in the Urban Construction Archives’s acceptance, collection, arrangement, safekeeping, statistics, appraisal, and destruction and utilization in order to ensure that urban construction archives are safe and sound.


Urban Construction Archives shall build an urban construction archive information databse, push forward digital storage and make use of web-based management so as to provide basic data and service to society


Article 15 Citizens, legal persons and other organizations that make use of construction archives open to the public in the urban construction archive shall hold lawful document and  comply with relevant provisions.


Article 16  Archivists shall possess professional knowledge of management of urban construction archives, obtain a certificate of qualification in accordance with law, and begin working on the strength of the certificate.


Article 17 Archivists shall abide by the relevant laws, regulations of the State and management system of files in relation to confidentiality and shall not disclose state secret involved in urban construction archives.


Construction archive management shall adopt necessary techniques and equipment to ensure safety and improve the conditions for management and safekeeping.


Article 18  Those who damage, lose, alter, forge, and sell or transfer urban construction archive without permission shall be handled according to law by the competent administration of achieves.


Article 19  Where construction unit fails to transfer the files to the Urban Construction Archives in accordance with the specified time limit and scope, the Municipal Competent Administrative Department for Planning shall order it to make corrections within a time limit and impose a fine of not less than RMB 10,000 but not more than RMB 100,000 according to law. And a fine of not less than 5 % but not more than 10 % of the amount of the fine on the construction unit shall be imposed upon the person directly in charge and other persons directly responsible for the case.


Article 20 Where any of the archivists abuses functions and powers, neglects duties and discloses state secret in the management of urban construction archives, administrative sanctions shall be imposed on him/her in accordance with relevant laws and regulations; where the case constitutes a crime the archivist shall be investigated for criminal liability according to law.


Article 21  These Regulations shall go into effect as of October 1, 2003. The Administrative Regulations of Tianjin Municipality on Urban Construction Archives (Decree No. 93 of 1986) drafted by the Municipal Bureau of Planning and approved by the Municipal People’s Government on July 15, 1986 shall be repealed simultaneously.


 


 -----The English translstion version of this web can only be regarded as reference.-------


 


 

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