Measures for the Administration of Shanghai International Tourism and Resorts Zone

· Document Number：Order No. 40 of Shanghai Municipal People's Government

· Area of Law： Tourism

· Level of Authority： Local Government Rules

· Date issued：06-17-2016

· Effective Date：06-17-2016

· Status： Effective

· Issuing Authority： People's Government of Shanghai Municipality

Order of Shanghai Municipal People's Government
(No. 40)
The Measures for the Administration of Shanghai International Tourism and Resorts Zone, as adopted at the 118th executive meeting of the Shanghai Municipal People's Government on June 13, 2016, are hereby issued, and shall come into force on the date of issuance.
Mayor: Yang Xiong
June 17, 2016
Measures for the Administration of Shanghai International Tourism and Resorts Zone
(Issued at Order No. 40 of the Shanghai Municipal People's Government on June 17, 2016)
Article 1 (Purposes and Basis)
With a view to guaranteeing the development, construction, orderly operation and sustainable development of Shanghai International Tourism and Resorts Zone (hereinafter referred to as "ITRZ"), these Measures are enacted in accordance with laws, regulations and relevant policies of the state and in the light of the actual circumstances of this Municipality.
Article 2 (Scope of Application)
These Measures shall apply to the development, construction, operation, management, and other activities within the scope of the ITRZ as approved by the municipal people's government.
The division of the scope of the ITRZ and its core area and other functional areas shall be specified according to the approved plan.
Article 3 (Functions of the ITRZ)
According to the requirements of relevant development strategies and plans of the state and this Municipality, the ITRZ shall, by integrating surrounding tourism resources for joint development, be built into an internationalized tourism and resorts zone with high capacity and strong influence and a clustered zone with themed entertainment, tourism expo, cultural and creative, commercial retail, sports and recreation, and other industries.
Article 4 (Management Responsibilities)
The Administrative Commission of Shanghai International Tourism and Resorts Zone (hereinafter referred to as "Administrative Commission") is an agency of the People's Government of Pudong New Area and shall perform the following duties according to these Measures:
(1) Organizing, participating in and implementing the ITRZ development plans and drawing up the ITRZ industry policies.
(2) Participating in the development of the ITRZ unit planning and regulatory detailed planning, organizing the making of relevant special planning, advancing ITRZ development and development protection, guiding relevant entities in implementing the early land development within the ITRZ, and overall arranging and coordinating significant programs and infrastructure construction matters.
(3) Being responsible for the relevant administrative approval in the ITRZ as authorized by relevant administrative departments.
(4) Undertaking ITRZ routine management.
(5) Taking charge of ITRZ tourism public services and management, emergency response management, information management, and other work.
(6) Overall arranging and coordinating ITRZ traffic management, passenger flow management, administrative law enforcement, stationed services, and other work.
(7) Guiding the development of ITRZ functions, promoting the improvement of development environment and public services, and propelling the development of modern service industry.
(8) Organizing the draft of technical specifications in the aspects of fire prevention, construction projects, cityscape, tourism services, etc., and advancing the development of ITRZ standardization.
(9) Coordinating the Customs, the entry-exit inspection and quarantine department and other departments to provide convenient services for entities and personnel in the ITRZ.
Relevant administrative departments of this Municipality and Pudong New Area shall, in accordance with their respective powers and duties, jointly and effectively conduct the work relating to the ITRZ.
Article 5 (Principal Development Entity)
Shanghai Shendi (Group) Co. Ltd. shall, according to the approved plan, undertake the development and construction of the ITRZ; and shall, as authorized by the government, be responsible for guaranteeing the operation of the ITRZ.
Article 6 (Planning)
The municipal administrative departments of planning and land shall, in conjunction with the Pudong New Area People's Government and the Administrative Commission, be responsible for the development and revision of ITRZ unit plans and regulatory detailed plans and shall submit them for approval by the statutory procedure. In the process of planning, environmental impact assessment, traffic impact assessment and geographical disaster impact assessment shall be conducted according to relevant provisions of the state and this Municipality, and relevant municipal administrative departments shall organize the examination of relevant assessment documents.
The Administrative Commission shall, in conjunction with relevant administrative departments, organize the making of special plans in the ITRZ, and submit them for approval by the statutory procedure.
Article 7 (Development and Protection)
The Administrative Commission shall, jointly with the administrative departments in charge of planning and land, among others, develop and implement provisions on the development protection of the ITRZ according to relevant approved plans, and coordinate the development and protection work in the surrounding areas.
The land development and project construction in the ITRZ shall conform to relevant approved plans.
Article 8 (Outdoor Advertising Administration)
The Administrative Commission shall, jointly with the administrative departments in charge of greening and city appearance, planning and land, and market supervision, among others, develop an implementation scheme for positioning outdoor advertising facilities in the ITRZ in accordance with this Municipality's plan for outdoor advertising facilities positioning, and take it as the basis for the approval and administration of the installation of outdoor advertising facilities upon approval by the prescribed procedures.
Article 9 (Administrative Approval)
The Administrative Commission shall, as authorized by relevant administrative departments of this Municipality or Pudong New Area, handle relevant administrative approval matters within the ITRZ.
The administrative approval matters the Administrative Commission is authorized to handle shall be specified in the Annex to these Measures, and the specific contents shall be specified by the Administrative Commission and the administrative department(s) concerned in the letter of authorization.
The Administrative Commission shall report to information on the execution of administrative approval as authorized to the authorizing administrative departments; and the authorizing administrative departments shall direct and oversee the Administrative Commission in execution of administrative examination and approval.
The Administrative Commission shall, in accordance with the requirements for openness of government affairs, make public the basis, contents, conditions, procedures and time of the execution of matters for approval as authorized, the catalog of all submissions required, and the model text of the application, among others, at the office premises and on the official website, optimize the approval procedure, improve work efficiency, and coordinate relevant administrative departments to intensify interim and ex-post supervision.
Article 10 (Routine Management Affairs)
The Administrative Commission shall undertake the following routine management affairs in the ITRZ:
(1) Quality and safety of construction projects and civilized construction management.
(2) Development and protection management.
(3) Comprehensive maintenance of relevant roads, watercourses, environmental sanitation, and other infrastructure, and overall arrangement of the operation, maintenance and quality control of urban infrastructure.
(4) Operation and management of relevant public transportation facilities.
(5) Management of the application for domestic waste sorting, collection, transportation, and disposal.
(6) Environment and pollutant source monitoring and management.
(7) Coordination of public security, fire prevention, food and drug safety, special equipment safety, entry-exit inspection and quarantine, intellectual property protection, protection of consumers' rights and interests, emergency medical care, weather services, construction waste disposal, and such activities as large-scale holiday celebrations, sporting events, and expos.
Article 11 (Tourism Public Services and Management)
The Administrative Commission shall, in conjunction with the tourism and other administrative departments, establish an ITRZ tourism public service system and improve it, so as to provide tourists information, safety protection, traffic convenience, and services convenient and beneficial to the people, effectively conduct supervision over tourism safety, maintenance of tourism environment, publicity of civilized tourism, and other work, and arrange and coordinate the handling of tourist complaints.
The Administrative Commission shall establish an ITRZ public information service platform, provide tourists guide, consultation and other services, and publish information on traffic, parking, and passenger flow, among others.
Article 12 (Emergency Management)
The ITRZ shall be subject to the model of unitized emergency management. The Administrative Commission shall, as the leading entity of the grassroots emergency management units of the ITRZ, undertake the following powers and duties:
(1) Arranging and coordinating operation guarantee and emergency management in the ITRZ.
(2) Establishing and improving a general emergency response plan, and regularly organizing emergency response drills.
(3) Establishing and improving a cooperation mechanism to respond to emergencies, floods and typhoons.
(4) Integrating and reserving emergency response resources in the ITRZ.
(5) Inspecting hidden risks and making rectification.
The relevant departments and relevant entities in Pudong New Area shall, according to such powers and duties as specified in the emergency response plan of the grassroots emergency management units of the ITRZ, jointly and effectively respond to emergencies in the ITRZ.
Article 13 (Information Management)
The Administrative Commission shall, in conjunction with public security and other administrative departments, establish a comprehensive ITRZ operation and management information platform (hereinafter referred to as "comprehensive information platform"), integrating information on the traffic, passenger flow, emergency management and security management, among others, in the ITRZ, so as to provide information support to the ITRZ operation and management, and effectively share information with relevant administrative departments.
The traffic, tourism, and other administrative departments and the public utility entities and operation management enterprises in the ITRZ shall provide information on public security, emergency management, and other aspects in the areas involved to the comprehensive information platform.
Article 14 (Traffic Management)
The traffic administrative department of the municipal public security authority shall, in conjunction with the Pudong New Area People's Government and the Administrative Commission, make an ITRZ road traffic arrangement plan and implement it.
The municipal traffic administrative department shall, in conjunction with the Pudong New Area People's Government and the Administrative Commission, organize the making of an ITRZ traffic operation and guarantee plan.
The Pudong New Area People's Government and the Administrative Commission shall arrange and coordinate relevant administrative departments for effective traffic operation and management in the ITRZ.
Article 15 (Passenger Flow Management)
The Administrative Commission shall arrange and coordinate the operation management enterprise and relevant institutions stationed in the ITRZ for the development and implementation of a plan for control of passenger flows in the ITRZ core area, to monitor the daily passenger flow and conduct safety supervision and management.
The Administrative Commission shall be responsible for the verification of the maximum carrying capacity of the ITRZ, and guide the ITRZ in issuing the verified maximum carrying capacity.
Article 16 (Coordination in Law Enforcement)
The Administrative Commission shall be responsible for the establishment of an ITRZ administrative law enforcement coordination mechanism to coordinate relevant administrative departments and law enforcement institutions to effectively conduct administrative law enforcement in the fields of public security, fire prevention, traffic, urban management, environmental protection, market supervision, culture, tourism, and intellectual property protection, among others, in the ITRZ.
Article 14 (Stationed Services)
The public security, fire prevention, market supervision, culture, intellectual property, tax, and other relevant administrative departments may have their institutions or personnel stationed in the ITRZ to perform relevant administrative functions and provide public services.
Article 18 (Support Policies)
The Pudong New Area People's Government may, based on the ITRZ development needs, research and make special support policies to support and guarantee the ITRZ development, construction, operation and management.
Article 19 (Cooperation and Development)
The municipal tourism administrative department shall, in conjunction with the Pudong New Area People's Government and the Administrative Commission, promote the overseas tourism cooperation and development of the ITRZ.
Article 20 (Operators and Tourists)
The operators in the ITRZ shall legally conduct business with good faith, undertake social responsibility, and provide high-quality services to tourists.
Tourists shall observe social ethics and ethics for toursim, maintain public order, take care of tourism facilities, and protect eco-environment.
Article 21 (Prohibited Acts)
The following acts are prohibited within the ITRZ:
(1) Illegally carrying inflammable, explosive, toxic, hazardous, radioactive, corrosive, and other dangerous articles which may endanger personal and property safety.
(2) Selling negotiable instruments, illegally transporting passengers, and illegally engaging in guiding, group leading, or otherwise disturbing market order.
(3) Climbing buildings, climbing over or damaging fences (guardrails), or otherwise damaging public facilities.
(4) Setting up stalls without approval to do business or peddle goods, arbitrarily posting or hanging publicity materials or slogans on trees, buildings or structures, scribbling or scratching on other facilities, otherwise impairing city appearance and environmental sanitation.
(5) Roaming about and begging, lying down or sleeping in the open field, swimming, fishing or netting in public waters, or otherwise hindering others from sightseeing.
(6) Bringing any dog into the ITRZ core area (save dogs tasked with security missions and guide dogs).
(7) Other acts prohibited by any law, regulation or rules.
Article 22 (Management of Small Aircrafts and Airborne Objects)
Where small aircrafts and airborne objects, such as helicopters, unmanned aerial vehicles, gliders, delta wings (including motor delta wings), para-gliders, dynamic parachutes, airships, hot air balloons, unmanned free balloons, and tethered balloons, take off, land or fly in the ITRZ, applications shall be filed with the flight control, meteorological and other competent departments according to relevant state provisions, and the aircrafts and objects may take off, land or fly only after approval is obtained.
Article 23 (Legal Liabilities)
Whoever violates any provision on prohibited acts in Article 21 of these Measures shall be ordered to make rectification and, according to relevant laws, regulations and rules, be punished by relevant competent departments based on their respective powers and duties.
Where a small aircraft or airborne object, in violation of the provisions of Article 22 of these Measures, takes off, lands, or flies in the ITRZ core area without approval, where there exist relative punishment provisions in laws, rules and regulations, such provisions shall apply; or where such provisions do not exist, but the security management of the ITRZ core area has been affected, the public security department shall order a correction, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on an entity or a fine of not less than 500 yuan but not more than 2,000 yuan on an individual.
Article 24 (Date of Effectiveness)
These Measures shall be effective as of the date of issuance. The Measures for the Administration of Shanghai International Tourism and Resorts Zone, as issued by Order No. 65 of the Shanghai Municipal People's Government on May 26, 2011 shall be concurrently repealed.
Annex: Administrative Approval Matters Which the Administrative Commission of Shanghai International Tourism and Resorts Zone Was Authorized to Handle
Annex:
Administrative Approval Matters Which the Administrative Commission of Shanghai International Tourism and Resorts Zone Was Authorized to Handle
I. Confirmation and recordation of enterprise investment projects as authorized by the investment administrative department, confirmation and recordation of foreign investment projects, and energy-efficiency assessment and examination of fixed-asset investment projects.
II. Approval of the establishment or alteration of foreign-funded enterprises, as authorized by the administrative department of commerce.
III. Approval of the site-selection proposals, ratified planning qualifications, temporary construction land planning permits, construction land planning permits, construction project design plans, temporary construction project planning permits, and construction project planning permits of construction projects; re-inspection and approval of construction commencement and layout; pre-review of land used for construction projects; approval of the appropriation of state-owned land; issuance upon approval and reissuance of land appropriation decisions; approval of land for temporary use; issuance and reissuance of certificates of approval of land for construction, approval of check of as-built plans of construction projects; and verification of state-owned construction land, as authorized by the planning and land administrative departments.
IV. Licensing of construction of construction projects, approval of preliminary designs of construction projects, recordation of bids and bid invitations for survey, design, construction, and f supervision, and recordation of construction licensing and as-built check of construction projects, as authorized by the administrative department of construction.
V. Approval of the occupancy or temporary occupancy of urban roads, bridges and bridge holes and bridge operation safety; licensing of the occupancy of sidewalks of urban roads for facility installation; approval of the digging of urban roads, burying of pipelines under land for roads, pipelines crossing over or under roads, construction of crossings; and licensing of the laying of all types of cables or pipelines attached to urban bridges or tunnels, as authorized by the administrative department of roads.
VI. Approval of the environmental impact assessment documents of construction projects, approval of as-built check of the completion of the environmental protection facilities of construction projects, and approval of the use of facilities and construction work in the night time at urban construction sites, as authorized by the administrative department of environmental protection.
VII. Solicitation of opinions on the greening plans of construction projects , review of general documents, as-built check, and review of the check results; permission of temporary occupancy of green space (including public green space); as-built check of public green space construction projects; approval of the relocation or felling of trees (except for ancient and high-valued trees); permission of the relocation of trees; approval of the installation of outdoor advertising facilities; approval of the temporary posting and hanging of promotional materials or slogans; approval and as-built check of the environment sanitation facilities of construction projects; approval of the demolition, relocation, reconstruction and close-down of environment sanitation facilities; and permission of the temporary closing of parks, as authorized by the administrative department of greening and city appearance.
VIII. Approval of construction projects and construction plans within the controlled waterways, approval and issuance of permits for provisional use of river courses, approval and issuance of drainage permits, approval of the temporary blockage of drainage pipes (save confluent phase one, sewage phase two, south trunk pipe, and other main sewage delivery pipes), and approval of designs for water-saving facilities of construction projects, as authorized by the administrative department of water affairs,
IX. Other administrative approval matters entrusted by relevant municipal or the Pudong New Area administrative departments in accordance with the law.