Procedures on the Administration of Shanghai International Tourism and Resorts Zone
Promulgated by Decree No. 40 of 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 the ITRZ), these Procedures are formulated in accordance with laws, rules, regulations and relevant policies of the State, as well as in the light of the actual circumstances of this Municipality.
Article 2 (Scope of Application)
These Procedures apply to the activities of development, construction, operation and management within the scope of the ITRZ upon the approval of the Municipal People's Government.
The scope as well as the division of the core areas and other functional areas of the ITRZ shall be determined according to the approved plans.
Article 3 (Area Functions)
In accordance with the requirements of the State and this Municipality on relevant development strategies and planning, the ITRZ shall be built into a cluster area of international tourism and resorts zone with high capacity and strong radiation developed by integrating with the surrounding tourism resources, and the industries such as theme entertainment, tourism MICE, cultural creativity, commercial retailing, sports and recreation.
Article 4 (Administrative Responsibilities)
The Administrative Commission of Shanghai International Tourism and Resort Zone (hereinafter referred to as the Administrative Commission), which is the agency of the Pudong People's Government and shall discharge the following duties according to these Procedures:
1. organizing the preparation and implementation of the ITRZ development planning, drawing up the industrial policies for the ITRZ;
2. participating in the preparation of the unit planning and regulatory planning of the ITRZ, organizing the preparation of the relevant specific plans, promoting the work of the developmental construction and protection of the ITRZ, guiding relevant units to carry out the initial land development for the ITRZ, and exercising overall coordination over the major projects and matters related to infrastructure construction in the zone;
3. being responsible for the relevant administrative examination and approval in the ITRZ upon the acceptance of the entrustment of relevant administrative departments;
4. undertaking the daily management affairs of the ITRZ;
5. being responsible for the work of the tourism public services and management, emergency management, and information management;
6. exercising overall coordination over the work of traffic management, passenger flow management, administrative law-enforcement and on-site services in the ITRZ;
7. guiding the development of regional functions, promoting the perfection of development environment and public services, and pushing forward the development of the modern service industry;
8. organizing the drawing-up of the standards and technical norms on fire prevention, construction projects, city appearance and landscape, tourism services in the zone, and promoting the standardized construction of the ITRZ; and
9. coordinating the Customs, the entry-exit inspection and quarantine department and such other departments to provide convenient services for the units and personnel in the ITRZ.
The relevant administrative departments of this Municipality and the Pudong New Area shall, in accordance with their respective duties and functions, cooperate with each other to do a good job in the relevant work of the ITRZ.
Article 5 (Main Body of Development and Construction)
Shanghai Shendi Co. Ltd (Group) shall, according to the approved planning, undertake the relevant development and construction of the ITRZ; and shall undertake the relevant work on operation guarantee upon the acceptance of government entrustment.
Article 6Drawing-up of the Planning
The Municipal Administrative Department of Planning and Land Resources shall, jointly with the People's Government of Pudong New Area and the Administrative Commission, organize the drawing-up and revision of the unit planning and the regulatory planning of the ITRZ, and submit them for approval in accordance with the legal procedures; in the process of the planning drawing-up, the environmental impact assessment, the traffic impact assessment and the geological disaster impact assessment shall be conducted according to relevant provisions of the State and this Municipality, and relevant municipal competent administrative departments shall organize the examination of the related assessment documents.
The Municipal Administrative Commission shall, jointly with the administrative departments, organize the drawing-up of the special plans of the ITRZ, and submit them for approval in accordance with the legal procedures.
Article 7 (Development Protection)
The Administrative Commission shall, jointly with the department of planning and land resources, and other administrative departments, formulate and carry out the implementation provisions on the development protection of the ITRZ according to the relevant planning approved by the Municipal People's Government, and coordinate the protective work of development in the peripheral areas.
The land development and project construction in the ITRZ shall conform to the relevant plans approved.
Article 8 (Outdoor Advertisement Management)
The Administrative Commission shall, jointly with the administrative departments of greening and city appearance, planning and land resources as well as market supervision and other administrative departments, formulate the implementation schemes for the installation of outdoor advertising facilities in the ITRZ in accordance with this Municipality's planning for the installation of outdoor advertising facilities, and take them as the examination and approval basis for the installation of outdoor advertising facilities after submission for approval and management in line with the provided procedures.
Article 9 (Administrative Examination and Approval)
The Administrative Commission shall, upon acceptance of the entrustment of the relevant municipal or the Pudong New Area administrative departments, handle the relevant administrative examination and approval matters within the ITRZ.
The items of the administrative examination and approval to be accepted by the Administrative Commission under entrustment shall be stated clearly in the appendix of these Procedures, the specific matters shall be defined by the Administrative Commission and the administrative departments concerned in the letter of entrustment.
The Administrative Commission shall report to the entrusting administrative departments on the execution of administrative examination and approval of the entrusted items; and the entrusting administrative departments shall give guidance to and exercise supervision over the Administrative Commission in its execution of administrative examination and approval.
The Administrative Commission shall, in accordance with the requirements of open government information, make public, at the official premises and on the official websites, the basis, contents, requirements, procedures, time limit, catalogue of all the materials to be submitted, model texts of application, and such matters for the entrusted items of administrative examination and approval, and shall optimize the process of examination and approval, raising the efficiency of handling affairs, and coordinate relevant administrative departments to strengthen mid- and post-supervision.
Article 10 (Management of Daily Affairs)
The Administrative Commission shall be in charge of the management of the following daily affairs in the ITRZ:
1. management of construction quality, safe and civilized construction of construction projects;
2. management of development protection;
3. quality management of comprehensive maintenance of infrastructure such as the roads, rivers and environmental sanitation and overall implementation of urban infrastructure operations and maintenance;
4. management of the operation of relative public transport facilities;
5. management of domestic garbage classification, collection and transport, and report for disposal;
6. monitoring and management of the environmental and pollution sources; and
7. coordination work related to public security, fire prevention, safety of food and medicine, special equipment safety, entry-exit inspection and quarantine, intellectual property right protection, protection of consumers鈥� rights, emergency medical treatment, meteorological services, disposal of construction dregs, and mega-events, events, exhibitions and other activities.
Article 11 (Public Service and Management for Tourism)
The Administrative Commission shall establish and perfect the public service system in the ITRZ jointly with the tourism administrative departments, provide tourists with such services as information consultation, security, accessible transport and other services convenient and favorable for people, do a good job in the tourism safety supervision, tourism environmental maintenance, publicity for civilized tourism, and coordinating in an overall manner the handling of tourist complaints.
The Administrative Commission shall establish a public information service platform in the ITRZ to provide tourists with traveling guide and consultation services, and make known to the public the information of traffic, parking and passenger flow.
Article 12 (Emergency Management)
The ITRZ shall practice the unitization emergency management mode. Being the leading organ of the grass-roots emergency management units, the Administrative Commission shall assume the following responsibilities:
1. coordinating the work of operational security and emergency response management in the ITRZ in an overall manner;
2. working out a comprehensive pre-emergency scheme, organizing at regular intervals the emergency drills;
3. establishing and perfecting a cooperation mechanism for contingencies as well as flood and typhoon prevention;
4. integrating and storing the emergency resources in the ITRZ; and
5. conducting the investigation and rectification of potential risks.
The relevant departments of Pudong New Area and the related units shall, in accordance with the obligations defined in the emergency schemes for the grass-roots emergency management unit of the ITRZ, do a good job jointly in the handling of the contingencies in the ITRZ.
Article13 (Information Management)
The Administrative Commission shall, jointly with the public security department and other administrative departments, establish an integrative information platformhereinafter referred to as the Integrative Information Platformfor information management in the ITRZ, integrate the information on passenger flow, emergency management and safety management in ITRZ, shall provide information support for the operation management in the ITRZ, and shall do a good job in information sharing with the relevant administrative departments.
The administrative departments of transportation and traveling as well as the public utility units and the operation management enterprises in the ITRZ shall provide the Integrative Information Platform with the information related to the public security and the emergency management in the ITRZ.
Article 14 (Traffic Management)
The Municipal Traffic Management Department of Public Security Organ shall, jointly with the People's Government of Pudong New Area and the Administrative Commission, organize the preparation and implementation of the road traffic organization plans in the ITRZ.
The Municipal Traffic Management Department shall organize the preparation of traffic operation security plans of the ITRZ jointly with the People's Government of Pudong New Area and the Administrative Commission.
The People's Government of Pudong New Area and the Administrative Commission shall coordinate in an overall manner the relevant administrative departments to do a good job in the traffic operation management in the ITRZ.
Article 15 (Passenger Flow Management)
The Administrative Commission shall coordinate in an overall manner the operation management enterprises and the relevant agencies located in the ITRZ to work out and implement the passenger flow control plans in the core areas of the ITRZ, and shall conduct the daily passenger flow monitoring and safety supervision and management.
The Administrative Commission shall be responsible for checking and ratifying the maximum carrying capacities of passenger flow for the scenic spots in the ITRZ, and shall guide the scenic spots to make public the maximum carrying capacities of passenger flow upon check and rectification.
Article 16 (Coordinative Law-enforcement)
The Administrative Commission shall be responsible for the establishment of a coordinative mechanism for the administrative law-enforcement in the ITRZ, coordinate the relevant administrative departments and law-enforcement organs, do a good job in the administrative law-enforcement in the fields of public security, fire prevention, transportation, urban management, environmental protection, market supervision, culture, tourism and protection of intellectual property rights.
Article 17 (On-site Service)
The administrative departments of public security, fire prevention, market supervision, culture, intellectual property rights and taxation shall have their agencies or officials stationed in the ITRZ to perform relevant administrative functions and provide public services.
Article 18 (Supporting Policies)
The People's Government of Pudong New Area may, in accordance with the development requirements of the ITRZ, study and formulate specific supporting policies to support and ensure the development, construction, operation and management of the ITRZ.
Article 19 (Cooperative Development)
The Municipal Tourism Administrative Department shall, jointly with the People's Government of Pudong New Area and the Administrative Commission, promote the cooperation and development of foreign tourism in the ITRZ.
Article 20 (Operators and Tourists)
The operators in the ITRZ shall operate in good faith according to law, assume social responsibilities, and provide good service to tourists.
Tourists shall observe social ethics and the behavior norms for civilized tourism, maintain public order, take care of traveling facilities, and protect the ecological environment.
Article 21 (Prohibited Acts)
The following acts are prohibited in the ITRZ:
1. carrying illegally the hazardous substances flammable, explosive, noxious, emissive, and corrosive that are likely to endanger the personal and property safety;
2. the acts of disrupting the market order including vending valuable coupons, illegal passenger transport and conducting illegally tour guides and leading activities;
3. the acts of damaging public facilities including climbing structure, climbing over or destroying fences;
4. the acts of affecting city appearance and sanitation including setting up stalls for business without authorization, selling or peddling goods; arbitrarily posting or, hanging up publicity materials or slogans without permission, scribbling, carving and drawing on wood and building, structures or other facilities;
5. the acts of presenting ugly appearances or obstructing others' sightseeing including wandering about and begging, lying-down and camping anywhere, and swimming, angling for fish and dredging in public waters;
6. carrying dogs in the core areas of the ITRZ (except for dogs performing security duties and seeing eye dogs); and
7. other prohibited acts defined by laws, rules and regulations.
Article 22 (Management of Small-scale Aircrafts and Air-floating Objects)
The take-off, landing and flying of the small-scale aircrafts and air-floating objects (helicopters, unmanned aircrafts, gliding planes, delta wings including powered delta wings, gliding parachutes, powered parachutes, airships, hot-air balloons, unmanned free balloons and tethered balloons) in the core areas of the ITRZ shall file an application to the competent administrative departments of air traffic control and meteorology in accordance with the relevant regulations of the State, and the take-off, landing and flying may be implemented upon the authorization of the departments concerned.
Article 23Legal Liability
Those who violate the relevant regulations of prohibited acts defined in Article 21 of these Procedures shall be ordered to make corrections by relevant departments in charge according to their own respective functions and duties, and shall be dealt with in accordance with the provisions of relevant laws, rules and regulations.
In violation of the provision of Article 22 of these Procedures, the take-off, landing and flying of small-scale aircrafts or air-float objects in the core areas in the ITRZ without authorization, shall be dealt with in accordance with the relevant provisions if there exist such provisions provided by laws, rules and regulations; if there do not exist such provisions provided by laws,rules and regulations, but the acts impact the safety management over the core areas in the ITRZ, the public security organ shall order the units or persons to make corrections, a penalty of more than 10,000 yuan but not less than 30,000 yuan shall be imposed on the units, and a penalty of more than 500 yuan but not less than 2,000 yuan shall be imposed on the individuals.
Article 24 (Effective Date)
These Procedures shall be effective as of the date of promulgation. The Procedures on the Administration of Shanghai International Tourism and Resorts Zone promulgated by Decree No. 65 of Shanghai Municipal People's Government on May 26, 2011 shall be repealed simultaneously.