Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China
Order of the President of the People's Republic of China No. 29
April 23, 2019
The Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China has been adopted at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019 and is hereby issued. The revised provisions in the Trademark Law of the People's Republic of China shall become effective from November 1, 2019 while those in other laws shall come into force from the date when this Decision is issued.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China
(Adopted at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
It has been decided at the Tenth Meeting of the Standing Committee of the 13th National People's Congress that:
I. The following revisions shall be made to the Construction Law of the People's Republic of ChinaArticle 8 shall be revised to read:
"Applications for a building permit shall meet the following requirements:
1. Have completed the formalities for the approval of land use for the said construction project;
2. Have obtained the construction project planning permit, if such permit is required;
3. In the case of necessary demolition and shifting, the progress of demolition and shifting conforming to the requirements of construction;
4. Have determined the construction enterprise;
5. Have the fund arrangement, construction drawings and technical information which meet the requirements for construction; and
6. Have specific measures for ensuring project quality and safety.
The competent department of construction administration shall, within seven days from the date of receipt of an application, issue a building permit for the application which conforms to the terms."
II. The following revisions shall be made to the Fire Protection Law of the People's Republic of China:
1. Article 10 shall be revised to read: "With respect to construction projects which require fire protection designs according to the national fire protection technical standards for construction projects, the fire protection design examination and acceptance system shall be adopted."
2. Article 11 shall be revised to read: "With respect to the special construction projects specified by the competent department of housing and urban-rural development under the State Council, the project owners shall submit the fire protection design documents to the competent department of housing and urban-rural development for examination. The competent department of housing and urban-rural development shall be accountable for the results of such examinations in accordance with the law.
With respect to other construction projects apart from those mentioned above, the project owners shall submit the drawings and technical materials of fire protection design that meet the construction requirement, when they apply for a construction permit or seek approval of the report for the start of construction."
3. Article 12 shall be revised to read: "If a special construction project fails to undergo the fire protection design examination, or fails such examination, neither its project owner nor its construction entity shall carry out the construction work; with respect to other construction projects, if the project owners fail to submit the drawings and technical materials of fire protection design that meet the construction requirement, the relevant department shall not issue a construction permit or approve the report for the start of construction."
4. Article 13 shall be revised to read: "With respect to the construction projects that are required by the competent department of housing and urban-rural development under the State Council to apply for acceptance checks for fire protection, project owners shall apply to the competent department of housing and urban-rural development under the State Council for acceptance checks for fire protection.
With respect to other construction projects apart from those mentioned above, project owners shall, after an acceptance check, report its results to the competent department of housing and urban-rural development for the record, and such department shall conduct a random inspection thereof.
With respect to construction projects that are subject to fire protection acceptance checks in accordance with the law, such projects shall not be put into use without completing or passing an acceptance check.
......
Order of the President of the People's Republic of China No. 29
April 23, 2019
The Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China has been adopted at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019 and is hereby issued. The revised provisions in the Trademark Law of the People's Republic of China shall become effective from November 1, 2019 while those in other laws shall come into force from the date when this Decision is issued.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China
(Adopted at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
It has been decided at the Tenth Meeting of the Standing Committee of the 13th National People's Congress that:
I. The following revisions shall be made to the Construction Law of the People's Republic of ChinaArticle 8 shall be revised to read:
"Applications for a building permit shall meet the following requirements:
1. Have completed the formalities for the approval of land use for the said construction project;
2. Have obtained the construction project planning permit, if such permit is required;
3. In the case of necessary demolition and shifting, the progress of demolition and shifting conforming to the requirements of construction;
4. Have determined the construction enterprise;
5. Have the fund arrangement, construction drawings and technical information which meet the requirements for construction; and
6. Have specific measures for ensuring project quality and safety.
The competent department of construction administration shall, within seven days from the date of receipt of an application, issue a building permit for the application which conforms to the terms."
II. The following revisions shall be made to the Fire Protection Law of the People's Republic of China:
1. Article 10 shall be revised to read: "With respect to construction projects which require fire protection designs according to the national fire protection technical standards for construction projects, the fire protection design examination and acceptance system shall be adopted."
2. Article 11 shall be revised to read: "With respect to the special construction projects specified by the competent department of housing and urban-rural development under the State Council, the project owners shall submit the fire protection design documents to the competent department of housing and urban-rural development for examination. The competent department of housing and urban-rural development shall be accountable for the results of such examinations in accordance with the law.
With respect to other construction projects apart from those mentioned above, the project owners shall submit the drawings and technical materials of fire protection design that meet the construction requirement, when they apply for a construction permit or seek approval of the report for the start of construction."
3. Article 12 shall be revised to read: "If a special construction project fails to undergo the fire protection design examination, or fails such examination, neither its project owner nor its construction entity shall carry out the construction work; with respect to other construction projects, if the project owners fail to submit the drawings and technical materials of fire protection design that meet the construction requirement, the relevant department shall not issue a construction permit or approve the report for the start of construction."
4. Article 13 shall be revised to read: "With respect to the construction projects that are required by the competent department of housing and urban-rural development under the State Council to apply for acceptance checks for fire protection, project owners shall apply to the competent department of housing and urban-rural development under the State Council for acceptance checks for fire protection.
With respect to other construction projects apart from those mentioned above, project owners shall, after an acceptance check, report its results to the competent department of housing and urban-rural development for the record, and such department shall conduct a random inspection thereof.
With respect to construction projects that are subject to fire protection acceptance checks in accordance with the law, such projects shall not be put into use without completing or passing an acceptance check.
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