Decree of the People’s Government of Guangdong Province
No. 193
The Provisions of Guangdong Province on the Construction Projects Involving State Security adopted at the Sixteenth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on December 4, 2013 are hereby promulgated and shall become effective as of February 1, 2014.
Governor
Zhu Xiaodan
December 23, 2013
Provisions of Guangdong Province on the Construction Projects
Article 1
These Provisions are formulated for the purpose of standardizing the management and regulation of construction projects involving the state security, in accordance with such laws and regulations as the State Security Law of the People’s Republic of China, the Administrative Licensing Law of the People’s Republic of China and in light of the actual situation of this Province.
Article 2
These Provisions shall apply to the examination, approval, supervision and regulation by state security departments over construction projects involving the state security, including new projects, and the redevelopments or expansions of existing projects.
Article 3
The provincial state security department is responsible for the state security management of construction projects involving the state security within the administrative region of the Province. The municipal state security departments at or above the prefectural level shall be responsible for the state security management of construction projects involving the state security within their respective administrative regions.
Such departments as those of the development and reform, urban-rural planning, land resources, state secrets protection, radio and television shall, to the extent of their respective functions and duties, properly regulate the construction projects involving the state security.
The state security departments shall organize the aforementioned departments to set up a joint-action mechanism for the regulation of construction projects involving the state security, which shall timely provide briefings on the administrative examination and approval of such projects and provide assistance to the project regulation and management in connection with such projects.
Article 4
In managing the construction projects involving the state security, the state security departments shall follow the principles of regulation according to law and convenience for the people to improve the efficiency and offer high-quality services.
Article 5
The following projects are categorized as the construction projects involving the state security:
(1) Construction projects in the surrounding areas of any key state organ, military facility, key scientific and technological research institute or military industrial unit;
(2) Such construction projects as the entry and exit ports, mail and express delivery processing sites and telecommunications hubs; and
(3) Any other construction projects subject to the state security review in accordance with law.
The scope of the “surrounding areas” under Item 1 of the preceding paragraph shall be delimited by the state security departments at or above the prefectural level on the basis of local economic and social development plans, urban-rural development planning, and local plans on land use and in conjunction with urban-rural planning departments and other departments. The demarcation of such surrounding areas shall be properly verified by the provincial state security department before being submitted to the provincial People’s Government for approval.
Article 6
Where the urban-rural planning departments formulate any urban-rural planning involving any of the construction projects under Article 5 of these Provisions, they shall solicit the opinions of competent state security departments.
Where any land administration department intends to transfer the rights to use state-owned land through bidding, auctioning or listing on a land use right involving any of the construction projects under Article 5 of these Regulations, it shall solicit the opinions of the competent state security department.
Article 7
The builder of a construction project under Paragraph 1, Article 5 of these Provisions shall report the proposed location of the project to the competent state security department for state security examination and approval before it applies to the competent urban-rural planning department for the permission notes for location.
Where no such permission notes for location is required for the project in accordance with law, the builder, whether a unit or an individual, shall apply to the competent state security department for state security examination and approval before it applies for the Construction Land Use Planning Permit or Rural Construction Land Use Planning Permit.
Article 8
When they receive applications for the aforesaid permission notes for location, the Construction Land Use Planning Permit or Rural Construction Land Use Planning Permit, the urban-rural planning departments shall direct the applicants to apply to the competent state security department for state security examination and approval if the projects under application are any of the construction projects under Article 5 of these Regulations. The urban-rural planning departments shall, when they accept applications for the aforesaid permission notes for location, the Construction Land Use Planning Permit or Rural Construction Land Use Planning Permit, direct the applicants to apply to the competent state security department for state security examination and approval if the project under application is any of the construction projects under Article 5 of these Provisions.
Article 9
When the state security departments review applications for new projects involving the state security, or redevelopments or expansions of existing projects that involve state security, they shall verify whether the following aspects of the proposed projects have met relevant provisions on state security:
(1) The proposed location and purpose of such projects;
(2) The design plan of the smart integrated systems and offshore satellite ground reception facilities; and
(3) Other matters that are subject to state security examination and approval.
Article 10
Where the proposed location of a construction project involves the state security review, the applicant for such project shall submit the following materials to the competent state security department:
(1) A written application for state security examination and approval for the proposed location of the construction project;
(2) Supporting documents concerning the nature of the investment in the project, the purpose and function of the proposed project and the geographical conditions of the surrounding areas of the proposed location;
(3) A photocopy of the Business License or Organization Registration Certificate of the builder of the project;
(4) A 1:2000 topographic map or 1:500 general plan of the area surrounding the outer boundary of the construction redline within a radius of 500 meters;
(5) Project planning design; and
(6) Other materials as required to be provided.
Article 11
The state security department shall process the application after receiving the application and supporting materials on the basis of the following circumstances:
(1) Where there is any error or mistake in the application materials that can be corrected on the spot, it shall allow the applicant to make such correction on the spot;
(2) Where the application materials are incomplete or fail to conform to the legal form, the department shall, either on the spot or within five days after receiving such materials, inform the applicant of all the required additions or corrections through a single notice; where the department fails to so inform the applicant, the application materials shall be deemed as having been accepted on the date of receipt thereof; and
(3) Where the application materials are complete and conform to the legal form, or the applicant has provided all the required additions or corrections, such application for administrative permission shall be accepted.
Article 12
The state security department shall properly examine the application materials submitted by the applicant.
Where it is necessary to verify the substance of the application materials in accordance with the statutory conditions and procedures, the state security department shall assign more than two staff members to carry out such verification.
Where during the examination process the state security department finds that the construction project under examination involves any state secret, such department shall solicit the opinion of the competent administrative authority in charge of state secrets.
The state security department shall, within twenty (20) days after accepting an application, decide whether to grant the administrative license to the applicant. Where the state security department fails to make such a decision within twenty (20) days, it may, subject to approval by the director of the state security department, extend the time limit by ten days, and notify the applicant of the reason(s) therefor. Where such decision requires technical testing, assessment and/or expert review, the time needed for such testing, assessment or expert review shall not be included into the time limit for administrative licensing. The state security department shall notify the applicant of the time needed in writing.
Article 13
A state security department shall make a decision based on the merits thereof after duly examining an application for administrative licensing:
(1) Where the application meets all requirements in connection with the state security, the state security department shall decide in writing to grant the administrative license and issue the License for Construction Project Involving State Security; and
(2) Where the application fails to meet any of the requirements of state security and the potential security hazards cannot be eliminated even if the state security safeguard measures are adopted, the state security department shall make a written decision not to grant the license, provide a written explanation for such decision, and inform the applicant of the legal right to apply for administrative reconsideration or initiate an administrative litigation.
Where a construction project fails to meet any of the requirements in connection with the state security, but the potential security hazards in the project nonetheless can be eliminated after the state security safeguard measures are adopted, the competent state security department shall notify the applicant in writing of security requirements in connection with, inter alia, the project’s design and construction use so that the applicant will formulate a rectification plan of state security safeguard measures. After properly implementing such state security safeguard measures, the applicant may re-apply to the competent state security department for granting the administrative license.
Article 14
Where a construction project is required to adopt the state security safeguard measures and install necessary facilities and equipment, the planning, design, and construction of such facilities and equipment shall be synchronized with those of the construction project properly, and all the costs and expenses of such facilities and equipment shall be included into the budget of the construction project.
Article 15
The builder of a construction project, whether such builder is a unit or an individual, shall comply with the conditions prescribed through the state security examination and approval in the construction of such project; where it is necessary for the builder to alter any aspect of the project that is subject to state security examination and approval, it shall apply for such alteration to the original state security department that approved the project; such department shall examine the application and make a decision in accordance with Article 13 of the Provisions.
Article 16
The builder of a construction project involving the state security, whether such builder is a unit or individual, shall notify the competent state security department of participating in the completion inspection and final acceptance of the construction project.
Article 17
The state security department shall, in accordance with law, supervise and regulate the construction activities in connection with the construction projects involving the state security, and correct any violation of relevant law or regulation in such activities.
Builders and constructors of such projects shall support and cooperate with the supervision and regulation by the competent state security department.
Builders and users of such projects shall be responsible for the routine management and maintenance of the state security safeguard facilities of such projects.
Article 18
The supervision and inspection by the state security department may not adversely affect normal production and operation of the parties subject to such inspection or supervision, nor may such state security department accept any valuables from such parties or otherwise seek any other gains.
The state security department shall have the obligation to keep confidential all the trade secrets that may come into during such supervision and inspection.
Article 19
All the units and individuals that become aware of any violation of these Provisions shall promptly report same to the competent state security department, and such state security department shall promptly address such violation.
The state security department shall keep confidential the profile of such informants.
Article 20
Where any unit or individual, in violation of these Provisions, commits any of the following violations, the competent state security department shall order such unit or individual to make corrections within a prescribed time limit and impose on such unit or individual a fine of not less than 20,000 yuan but not more than 30,000 yuan:
(1) Carrying out the construction of projects involving the state security without the authorization of the competent state security department;
(2) Failing to implement any rectification plan for state security safeguard measures or where state security safeguard measures have been adopted, failing to meet the relevant requirements;
(3) Altering any of the terms and conditions prescribed in the state security license for the project to build or use such project without the authorization of the competent state security department;
(4) Putting into use any construction project that is subject to completion inspection and final acceptance by a competent state security department in the absence of going through such inspection and acceptance; or
(5) Damaging, dismantling or ceasing the use of any state security safeguard facilities in the absence of authorization by the competent state security department.
Article 21
Where any state security department or competent administrative authority, in violation of these Provisions, commits abuse of power, dereliction of duty or favoritism, during the approval, supervision or regulation of construction projects involving the state security, the person(s) directly in charge and other persons directly responsible for such conduct shall be punished in accordance with law; where any of them is suspected to have committed a criminal offense, he or she shall be referred to the competent judicial departments for investigating the criminal liability in accordance with law.
Article 22
The construction and use of construction projects within the military restricted areas and their peripheral security control zones as well as the military-controlled areas shall be subject to relevant provisions of the Law of the People’s Republic of China on the Protection of Military Facilities and the Implementation Measures for the Law of the People’s Republic of China on the Protection of Military Facilities.
Article 23
These Provisions shall become effective as of February 1, 2014.
