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深圳经济特区城市建设档案管理规定

分类: 法律英语 
 

颁布日期:19940129  实施日期:19940129  颁布单位:深圳市政府

Rules of the Shenzhen Special Economic Zone on Management of Urban Construction Archives

(Promulgated by the Shenzhen Municipal People‘s Government on June 24, 1989, revised and re-promulgated on January 29, 1994)

Chapter I General Provision

Article 1 In order to strengthen the work on the urban construction archives of the Shenzhen Special Economic Zone (herein after referred to as urban construction archives), these rules are hereby formulated in accordance with Law of the People‘s Republic of China on Archives, the related rules of the Ministry of Construction and the State Archives Bureau and in the light of specific conditions of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone)。

Article 2 Urban construction archives are the denomination of technological documents and materials emerging from urban planning, construction, and management which should be placed on file to be preserved such as various drawings, charts, written materials, models, samples, photos, films, video tapes, audio tapes, etc. They are the original, authentic records of history, important bases for urban construction and management, and information resources.

Article 3 The work on urban construction archives shall be an important part of urban construction. All the units of government offices, armed forces, universities and colleges, organizations, enterprises and institutions engaged in urban construction and management within the Special Zone shall make a thorough job of urban construction archives.

Article 4 The work of urban construction archives of the Special Zone shall be done on the principle of unified leadership, unified system, same standards, and centralized level-to-level management.

Chapter II Institutions and Duties of Management

Article 5 The Municipal Administrative Office of Urban Construction Archives shall be a special agency of the municipal government in charge of administration of urban construction archives; the Municipal Urban Construction Archives shall be an institutional unit of science and technology in charge of collection, storage and care, supply, and utilization of urban construction archives. The two units shall handle their official business in the same place and under the centralized leadership of the municipal department in charge of construction. They shall accept the direction of the Municipal Archives Bureau in their professional work. Their duties shall be as follows:

(1) to be responsible for centralized, uniform management and direction of the city-wide work on urban construction archives; draft, formulate regulatory documents, standards, norms for the work of urban construction archives; conduct professional training; organize city-wide inspection and assessment through comparison; coordinate the work of urban construction archives with other tasks.

(2) to take part in the examination and acceptance of completed works of urban construction; examine, accept the urban construction archives which need to be kept for a long period of time or permanently.

(3) to conduct systematic management of the archives which have been accepted; actively provided services for urban planning, construction, management, scientific research, etc.

(4) to utilize audio-visuals, cinematographic and television mediums, etc., to accumulate urban construction archival materials of wide range, keep adding to the Archive‘s collections; to undertake editing and research, make the Municipal Urban Construction Archives a center for storage, utilization, consulting, and communication of the information on urban construction.

Article 6 The specialized companies and the units undertaking construction

related to the various bureaus, (controlling) company groups of the various districts, departments of construction shall set up their respective sections of urban construction archives, establish an archives management network with the Municipal Urban Construction Archives as a center and the sections of urban construction archives of the various units as a base.

Article 7 The various sections of urban construction archives shall establish and improve various rules and regulations on urban construction archives management, be equipped with storehouses and necessary containers, and ensure normal operation. Their main duties shall be as follows:

(1) to be responsible for collecting of the urban construction archival materials of their own units, systematically sort them out, make catalogues, and scientifically arrange them in order to be easily looked up, and provide services for the units‘ production, construction, management and scientific research.

(2) to inspect, supervise, and direct the subordinate units in the work of urban construction archives, and take part in the examination and acceptance of completed construction works of their own units.

(3) to transfer archives to the Municipal Urban Construction Archives on time according to these rules; accept the professional instruction of the Municipal Urban Construction Archives; actively join the municipal organizations of urban construction archives and participate in various activities.

Chapter III Management Jurisdiction

Article 8 The urban construction archives of the Shenzhen Special Economic Zone shall be managed at two levels, with the Municipal Urban Construction Archives as the first level management unit and the sections of urban construction archives of the various units (or the sections of comprehensive archives) as the second level management units.

Article 9 The Municipal Urban Construction Archives shall accept the following archives:

(1) the archives of the municipal, public works, including those of roads, tunnels, bridges, railroads, harbors, docks, airports, flood control, culverts, telecommunication, firefighting, power supply, water supply, drainage, gas supply, heat supply, various underground pipelines and cables (including all the directly covered up lines of communication of armed forces, public security departments, customs, border control, etc.), and the archives of the municipal public facilities of culture and education, health, broadcasting, television, sports, environmental protection, environmental sanitation, urban sculpture, etc.;

(2) the archives of the major projects verified by the municipality;

(3) the archives of other units‘ construction projects for office, commerce, residence, comprehensive buildings, etc., which meet one of the following conditions: 1. more than 10 stories (including the 10th story), 2. the investment is more than 5 million RMB (including 5 million RMB), 3. the construction area is more than 10,000 square meters (including 10,000 square meters);

(4) the archives of the construction projects with novel designs and special features and those both new and old buildings, structures of memorial significance;

(5) the overall archival materials of residential sections, industrial sections (refer to the detailed rules on filing), the archives of individual buildings of the same type;

(6) the archives of planning, including: 1. overall plans, 2. divisional plans, 3. detailed plans, 4. specialized plans, 5. engineering plans, 6. the basic materials relied on for planning;

(7) the survey archives, including: 1. the results of controlled survey, 2. topographic survey, 3. photographic survey, photos of aerial survey, 4. the materials of geological survey;

(8) the archives of land management, including: 1. plans of land use, 2. the materials of land allocation and auction;

(9) the archives of construction and construction management, including: 1. the examination and approval of the plan, 2. the permit of reported construction, 3. the materials of inviting bids and entering a bid, 4. the notice of approval of construction, 5. the materials of inspection and assessment of quality, safety through comparison, 6. the summary of the examination and acceptance of completed works, and inspection and assessment of quality, safety through comparison, 7. the materials of registration of construction team, 8. the materials of evaluation of a model project of high quality, 9. the statistical reports of construction;

(10) the archives of property rights;

(11) the archives of environmental protection, including: 1. the urban environmental protection plans, 2. the materials on survey of the sources of urban environmental pollution, monitoring statistics, and environmental assessment, 3. the materials on environmental control projects;

(12) the archives of residential management, including: 1. the archives of completed maintenance, reconstruction of residential sections, 2. the documents and related materials of house reconstruction, 3. the materials of approval of house sale;

(13) the archives of urban management, including: 1. the archives of urban gardening and green making, scenic spots and historical sites, 2. the materials on distribution of facilities of urban environmental sanitation, 3. the materials of winning honors of urban management at the provincial level or above, 4. the promulgated regulations on urban planning, construction and management.

The projects of construction works referred to in Items (1)-(4) of this article shall be

required to submit, according to the filing scope, a complete set of the archives of completed works and systematic archives of photos, videos, if a unit is not capable of taking photos and videos itself, it shall entrust the Municipal Urban Construction Archives or the related units with this work.

The archives of property rights prescribed in Item (10) of this article shall be kept in a special storeroom by reason of frequent use, and the department of property rights shall send staff to manage these archives, accept the supervision, inspection, and direction of the Municipal Administrative Office of Urban Construction Archives, and regularly submit statistical reports to this office.

Article 10 For those projects which are reported to the municipal department of planning for construction and out of the scope prescribed in Article 9, their archives of completed works shall be examined by the Municipal Urban Construction Archives and then, in case of passing the examination, transferred to the sections of urban construction archives of various units of various departments to be under their management, the transfer documents and the certificates of examination and acceptance shall be submitted to the Municipal Urban Construction Archives to be put on file.

Various districts and the units which have the independent authority to submit a report for construction and to do the examination and acceptance shall turn over the archives to the Municipal Urban Construction Archives according to the scope prescribed in Article 9, the urban construction archives which are out of the scope prescribed in Article 9 shall be examined and preserved by the sections of urban construction archives of various units and various districts.

Chapter IV Requirements for Filing

Article 11 The archives of completed works shall be put together and submitted by the unit in charge of construction in accordance with the following requirements:

(1) The archives of completed works to be stored in the Municipal Urban Construction Archives shall be completely handed over within 6 months from the date of examination and acceptance of completed works; the archives of completed works not to be stored in the Municipal Urban Construction Archives shall be completely handed over within 3 months from the date of examination and acceptance of completed works.

(2) The archives of completed works to be stored in the Municipal Urban Construction Archives shall have 3 copies for each item, the original one shall be submitted to the Municipal Urban Construction Archives, and the other two copies shall be kept by the unit in charge of construction (or the responsible unit) and the user unit. The archives not to be stored in the Municipal Urban Construction Archives shall have two copies for each item, the original one shall be kept by the unit in charge of construction (or the responsible unit), and the other shall be kept by the user unit. If there is a special circumstance which requires more copies of the archives of completed works, it shall be done by the unit in charge of construction through overall consideration and arrangements.

(3) The urban construction archives placed on file shall be complete, intact, accurate, systematic; various procedures of appraisal and verification shall be completed, writing shall be clear; it shall be forbidden to use photocopying, carbon copying, and ink easy for color fading in making and writing of the originals.

(4) The folders of urban construction archives shall be arranged according to categories and specialties in principle, put in order according to the serial numbers referred to in the detailed rules on filing scope, the thickness of each folder shall not exceed 2 centimeters, the archival materials of the same content shall be put closely one after another in order to prevent the content from disjoining.

(5) The unit undertaking construction shall be responsible for making a drawing of completed works in principle, as for a drawing of completed works with a major change, the responsible unit shall be in charge of making such a drawing. The drawing of completed works shall be a new blueprint consistent with what has been actually completed, and examined and signed by the person in charge of engineering and technology, and stamped with “Drawing of Completed Works”。

Covered underground works shall have an abbreviated drawing to record covering, on-the-site survey data before covering, which are signed by the persons conducting survey, examination and acceptance.

(6) The organizing and binding of urban construction archives: the written materials shall take sixteenmo as a size standard, if the size is less than sixteenmo, paper shall be pasted on the material, the metals in the materials shall be taken out, the forms, folder covers, and boxes to be used shall be uniformly printed and made by the Municipal Administrative Office of Urban Construction Archives, and binding shall be neatly done by cotton thread. The drawings of completed works shall be folded like accordion with the size of no. 4 width of drawing cloth, and put in archival boxes in proper order.

(7) The archives of completed works which have been sorted out shall be transferred to the administrative units of urban construction archives by the units in charge of construction. The transfer documents shall be filled out accurately, all signing and stamping shall be completed.

Article 12 The transfer of the archives of planning, land, survey, environmental

protection, reporting for construction, construction management, residence, urban management, etc., shall meet the following requirements:

(1) The archives coming from various offices of the departments of construction shall be handed over to the archives sections of various bureaus by the end of every year, the archives sections of various bureaus shall put them together and handed over to the Municipal Urban Construction Archives by March of the next year, if there is only one copy which is to be used frequently within a short term, it may be kept in an archives section at the bureau level for 2 years and handed over to the Municipal Urban Construction Archives within the first quarter of the third year.

(2) The archives coming from the various bureaus of the departments of construction shall be placed on file according to the projects and contents in general in order to keep the projects and contents intact. Each folder shall have a written table of contents. The folders shall be put in boxes in bulk, one box or several boxes for one project. In transferring, an archives section shall fill out a transfer document in 2 copies which are transferred together with the archives.

Chapter V Management and Use of Archives

Article 13 The Municipal Urban Construction Archives and the archives sections of various units shall promptly register the received archives, make a scientific arrangement for storage, and work out search aids, if a unit is provided with resources, it shall adopt computerized search.

Article 14 The departments of archival management shall conscientiously make a thorough job of appraisal and storage of archives, the storerooms of archives shall be regularly inspected according to the requirements of “seven preventions”, the remedial measures shall be taken for those damaged or deteriorating archives, and the particularly important archives shall be strictly kept secret and safe without damage.

Article 15 Utilization of archives shall be actively promoted and developed, any unit may look up archives for the needs of work, the role of urban construction archives in urban construction and management shall be brought into full play.

Chapter VI Cash Deposit for Archives of Completed Works

Article 16 The cash deposit for the archives of completed works shall be an economic instrument to ensure that the archives of completed works shall be intact, up to standard, and placed on file in time. For any construction project which is to file an application report within the limits of the Special Zone, the unit in charge of construction shall pay a cash deposit for archives of completed works to the Municipal Urban Construction Archives or a district and the related archive section before the project has filed an application report, the receipt of the cash deposit shall be one of the materials to be provided for filing an application report for construction. The cash deposit shall be retuned to the payer unit according to the original sum after the archives for completed works have been satisfactorily transferred in compliance with rules.

Article 17 The standards for paying cash deposits: the projects referred to in Items (1)-(4) of Article 9 shall pay 1% of their total investments; for residential quarters and other ordinary projects, the payment shall be 0.5% of their total investments, but no more than 150,000 RMB.

Chapter VII Legal Liability

Article 18 For a project which has failed to pay a cash deposit according to rules, the administrative department in charge of construction shall not process both the application for project and the application for construction.

Article 19 If the archives are found untrue, incomplete at the time of examination and acceptance of works, the departments in charge of the examination and acceptance shall instruct the unit in charge of construction to make correction by a deadline; if correction has not been done after the deadline, the examination and acceptance shall not take place.

Article 20 If part of archival materials have been lost and damaged in the process of construction as a result of lack of attention, the office of urban construction archives shall instruct the responsible unit to make replacements and withhold 10% of cash deposit as a fine.

In case of failure to transfer archives on time after completion of works, 5% of cash deposit shall be withheld as a fine for more than one month‘s delay; as for more than one year’s delay or failure to make archival replacements by a deadline, the administrative department in charge of construction shall ascertain responsibilities and impose sanctions in addition to withholding all the cash deposit as a fine; if the unit in charge of construction is held responsible, its application for any new project shall be temporarily forbidden; if the unit undertaking construction is held responsible, its entering a bid shall be temporarily forbidden. After the archives have been transferred, applying for project or entering a bid shall be resumed

Article 21 The archives coming from the various offices of departments of construction shall be turned over to the departments of archives according to rules, and put under centralized management. No individuals shall possess these archives as theirs. Anyone in violation shall be imposed on an administrative sanction by the unit with which this person is affiliated.

Article 22 If a person engaged in archives management has failed to keep archives well according to rules, caused the loss, damage, and incompleteness of archives, and the circumstances are light, an administrative sanction shall be imposed.

Article 23 If it has been found in using archives that the archives are at variance with reality, the office of urban construction archives shall have the authority to instruct the original unit in charge of construction to work on archives again and to compensate for all the resultant loss.

Article 24 If the circumstances in violation of these rules are serious enough to constitute a crime, the criminal responsibility of the responsible person shall be investigated into according to law.

Chapter VIII Supplementary Provision

Article 25 These rules shall take effect as of the date of promulgation.

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