Laws of the Guangdong Province

Administrative Rules of Shenzhen Special Economic Zone on City Sculptures

(Promulgated by Decree 25 of Shenzhen Municipal People' s Government on April 29, 1994; Revised by Decree 135 of Shenzhen Municipal People' s Government on August 26, 2004)

    Article One  In order to strengthen the administration to the planning and construction of city sculptures in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), and make the construction layout and art performance of city sculptures in consistence with the city development needs of the special zone, these Rules are formulated.

    Article Two  The term of "city sculptures" mentioned in these Rules refers to the outdoor sculptures which stand in streets, squares, parks, courtyards, public greenbelts, residential quarters and beauty spots, and on the lands with buildings.

These Rules shall be applicable to the creation, designing and establishment of various city sculptures mentioned in the preceding paragraph.

Article Three  The administrative department of planning and land of the People' s Government of Shenzhen Municipality (hereinafter referred to as the municipal government) shall be the competent administrative department of the city sculptures of the special zone (hereinafter referred to as the competent department). The competent department shall establish the Office of City Sculptures of Shenzhen Municipality (hereinafter referred to as the city sculpture office) to take charge of the specific implementation work of these Rules, and fulfill the following functions and duties:

1. drafting the overall planning of city sculptures of Shenzhen Municipality according to the city overall planning;

2. guiding the work of making the regional planning of city sculptures;

3. examining the construction projects of city sculptures; and

4. drawing up the relevant implementing rules on the maintenance and management of city sculptures.

Article Four  The policy of giving free reign to all styles of art and all schools of thought, and the principles of beautifying the city, civilization and health shall be carried out in the creation and designing of city sculptures.

It is encouraged by the municipal government to advance the flourish development of the creation and construction of city sculptures. The author of good city sculpture shall be granted mental reward or material award.

Article Five  The overall planning of city sculptures of Shenzhen Municipality shall be drafted by the city sculpture office, be examined by the competent department and be implemented after the municipal government approves.

The regional planning of city sculptures of the area where city sculptures centralized, such as the squares, sculpture parks and large sculpture gardens, shall be drafted by the local relevant department, and be implemented after the city sculpture office approves.

Article Six  Anyone who wants to construct a city sculpture shall apply to the city sculpture office by the following documents and materials:

1. the application letter of the sculpture project;

2. the effect drawings of planned layout and environment;

3. the qualification certificates of creators and designers;

4. the information of the special technicians of the unit undertaking the project;

5. the corresponding constructional drawing of the project; and

6. other relevant special materials of location, base and norms.

Article Seven  The city sculpture office shall finish the examination to a project within 30 days upon accepting the application. If the project passes the examination, the city sculpture office shall grant the Construction License of City Sculptures to the applicant. If the applicant is required to handle other formalities by relevant national regulations, he shall go to relevant department by the license. No unit or individual may construct without the Construction License of City Sculptures.

    Article Eight  Anyone who constructs a city sculpture without examination shall be ordered to dismantle or remove the sculpture within a limited time. If the sculpture is not dismantled or removed within the limited time, the competent department shall organize a compulsory dismantlement or removing. The unit which undertakes the construction of the sculpture without approval shall pay for the compulsory dismantlement or removing.

    Article Nine  Only the person who holds the Qualification Certificate of Creating and Designing City Sculptures which is granted by the Ministry of Culture of the People' s Republic of China, the Ministry of Construction of the People' s Republic of China and the Chinese Artists Association jointly, and the unit which employs the person holding the certificate mentioned above may be entrusted in the creation and designing of city sculptures in the special zone, except that the competent department decides to collect creation or designing schemes publicly from the society.

Article Ten  Anyone who satisfies any one of the following requirements may apply to the city sculpture office for acquiring the Temporary Qualification Certificate of Creating and Designing City Sculptures in Shenzhen Municipality:

1. being recommended by more than two experts holding the Qualification Certificate of Creating and Designing City Sculptures;

2. engaging in the actual work of creating or designing sculptures for more than 5 years; or

3. having created or designed more than 5 sculptures.

The city sculpture office shall examine the application and make a decision within 30 days upon accepting the application, and shall grant the Temporary Qualification Certificate of Creating and Designing City Sculptures in Shenzhen Municipality to the qualified applicant.

Article Eleven  The construction unit shall make an entrusting contract about creating or designing a city sculpture with the creation, designing unit or person. The city sculpture shall be signed with the name of the creating, designing unit or person except that the contract provides otherwise.

Article Twelve  In order to ensure the quality of the art module of city sculptures, the model of a city sculpture shall be made and submitted for examination according to the following requirements:

1. if the height or length of a city sculpture is more than 4 meters but less than 10 meters, the size of the model shall be 1/5 of the sculpture' s actual size;

2. if the height or length of a city sculpture is more than 10 meters, the size of the model shall be 2 meters.

The city sculpture shall be ordered to be remade again if it is not made according to the model examined and approved.

Article Thirteen  The construction unit may not change the theme, position, name, norm or material of a city sculpture at discretion. If it is necessary to make a changing, the construction unit shall get approval from the city sculpture office at 15 days before making, constructing or installing the city sculpture.

Article Fourteen The art quality and construction quality of city sculptures shall be ensured.  The city sculpture office shall be responsible for the supervision to the quality of city sculptures and the acceptance check.

Article Fifteen  The city sculpture office shall organize the acceptance check after a city sculpture is installed, and shall grant a completion certificate to the city sculpture passing the acceptance check. If a city sculpture fails to pass the acceptance check, the construction unit shall revise or remake it. If the city sculpture fails to pass the acceptance check again, it shall be dismantled or removed within a limited time. The expenditure of the dismantlement or removing shall be paid by the unit or person responsible.

Article Sixteen  If a city sculpture passes the acceptance check, the construction unit shall submit relevant materials to the Shenzhen Municipal Archives for City Construction for placing on file.

Article Seventeen  The construction unit shall be responsible for maintaining and managing the established city sculptures, keeping the city sculptures tidy and keeping the surrounding environment clean.

All the units and individuals have the obligation to take good care of city sculptures.

Anyone who destroys a city sculpture shall be ordered to repair it, and may be imposed a fine simultaneously. If the circumstance is serious, the destroyer shall be punished according to the Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration.

Article Eighteen  The dismantlement, removing and alteration of established city sculptures shall be approved by the city sculpture office.