Laws of the Guangdong Province

Decision of the Standing Committee of the Shenzhen Municipal People' s Congress on the Revision of Regulations of the Shenzhen Special Economic Zone on the Administration of Fuel Gas

(Adopted at the Thirty-Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004)

       The proposal, Amendments to 28 Laws and Regulations such as Regulations of the Shenzhen Special Economic Zone on Service Workers, etc., submitted by the Shenzhen Municipal People' s Government was deliberated at the Thirty-Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress. In order to carry out Law of the People' s Republic of China on Administrative License, it is decided that Regulations of the Shenzhen Special Economic Zone on the Administration of Fuel Gas shall be revised as follows:

The sequence of some articles shall be adjusted correspondingly according to this

decision.

       This decision shall take effect as of the date of adoption.

Regulations of the Shenzhen Special Economic Zone

on the Administration of Fuel Gas

(Adopted at the Sixth Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on March 5, 1996;

Revised at the Thirty-Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004)

Chapter I General Provisions

       Article 1 In order to strengthen the administration of the fuel gas industry of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), standardize the behavior of fuel gas operation, ensure the safety of the supply and use of fuel gas, and promote the development of fuel gas, these regulations are hereby formulated in the light of the practical conditions of the Special Zone.

       Article 2 These regulations shall apply to the planning and construction of fuel gas projects and to the storage, distribution, operation, use and management of fuel gas.

       Article 3 The fuel gas referred to in these regulations shall mean the liquefied petroleum gas, liquefied natural gas, artificial coal gas and other gaseous fuel to be used for living, production.

       Article 4 The fuel gas industry shall be one of the public utilities of a society, and shall be unitarily planned, unitarily constructed, and unitarily managed by the government, and the priority shall be given to satisfying the needs of residents to use fuel gas for their living.

       The fuel gas industry shall be brought into the overall urban plan and the plan of national economic and social development.

       Article 5 The administrative department of the Shenzhen Municipal People' s Government in charge of construction (hereinafter referred to as the responsible department) shall be the responsible department for the fuel gas industry.

       The department of public security in charge of firefighting shall be responsible for the supervision of fire control concerning the safety of fuel gas. The administrative department of labor shall be responsible for the safety supervision of the pressure containers of fuel gas.

       The departments of planning, environmental protection, technological supervision, etc. shall assist the responsible department in the supervision and administration according to their respective duties.

       Article 6 The Fuel Gas Association of the Shenzhen City shall be the association of the enterprises engaged in the fuel gas business (hereinafter referred to as the fuel gas enterprises) which, under the direction of the responsible department, coordinates the relationship between the members, publicizes the safety related to the supply and use of fuel gas, studies and popularizes the new technology, new experience in the fuel gas industry, and promptly reports the problems found in the industry.

Chapter II Planning and Construction

       Article 7 The plan of fuel gas construction shall be worked out by the department of planning jointly with the responsible department. The comments of the departments of public security, labor, environmental protection, etc. shall be solicited for this work. The construction of fuel gas projects shall be in accord with the plan of fuel gas construction.

       Article 8 The location selecting and plan making of fuel gas stations, docks, and distribution facilities shall be reported to the responsible department and the departments of planning, labor, public security and firefighting, environmental protection, etc. for examination and approval.

       The establishment of a fuel gas supply center shall be in line with the plan of fuel gas construction, and approved by the responsible department jointly with the department of public security in charge of firefighting.

       Article 9 The units in charge of the design and construction of fuel gas projects shall be registered at the responsible department and hold the professional qualification certificates of fuel gas engineering. The professional technological personnel engaged in the construction of fuel gas projects shall have the corresponding qualifications confirmed by the statutory institutions.

       The unit in charge of construction to install pressure containers of fuel gas shall hold the qualification certificate examined and approved by the administrative department of labor as well.

       Article 10 The equipments and materials used for fuel gas projects shall meet the quality standards set by the state.

       Article 11 The municipal institution in charge of the supervision of the engineering quality shall be responsible for the supervision of the quality of the construction of fuel gas projects.

       Article 12 The fuel gas pipelines and facilities of a high-rise building and the principal part of the project shall be designed, constructed and put into use at the same time.

       As for the existing high-rise buildings without fuel gas pipelines, the responsible department shall instruct the owners and fuel gas enterprises to do remaking by a deadline.

       Article 13 When the work has been completed for fuel gas stations, docks, municipal pipelines, courtyard pipelines, indoor pipelines, temporary centers of supplying gas by a group of bottles, etc., the responsible department shall make arrangements for the departments of public security in charge of firefighting, labor, etc. to conduct the examination and acceptance according to the related rules. If these facilities have not been examined and accepted according to the rules or failed to pass the examination and acceptance, they shall not be put to use.

       Article 14 The construction funds for fuel gas projects shall raised through multiple channels. The construction funds for the municipal pipelines and the gas supply centers connected with these pipelines shall be entered in the budget of the municipal facilities, and the construction shall be done by the government investment; the construction funds for fuel gas stations, docks shall be raised by fuel gas enterprises themselves; the construction funds for courtyard pipelines, indoor pipelines shall be provided by developer units, and entered in the budgets of projects.

       Article 15 After the construction of gas supply facilities and pipelines have been completed and passed the examination and acceptance, they shall be tuned over to fuel gas enterprises for unitary management and maintenance. The cost of the repair, maintenance, and equipment change of the indoor facilities of fuel gas shall be paid by the units and residents using fuel gas (hereinafter referred to as users), the cost of the repair, maintenance, and equipment change of other facilities shall be born by fuel gas enterprises.

Chapter III Operation and Management

       Article 16 Fuel gas (including supplying gas by bottle group) shall be under unitary operation. Bottled fuel gas shall be operated by multiple enterprises.

       Article 17 The following conditions shall be met in order to set up a fuel gas enterprise:

(1)   to have a long-term, stable source of fuel gas which meets the standards;

(2)   to have the facilities of storage and distribution, safety inspection, and the equipments of repair, maintenance, and emergency management, which meet the standards;

(3)   to have self-possessed funds which are corresponding to the size of its operation, and the professional technological and managerial personnel who meet the corresponding requirements for qualifications;

(4)   to have a regular place of operation which meets the requirements for safety;

(5)   other conditions prescribed by the state.

Article 18 The following procedures shall be complied with in order to set up a

fuel gas enterprise:

(1)   to apply to the responsible department in writing, and to prepare for construction after approval;

(2)   to apply to the departments of public security in charge of firefighting for permission after completing preparation for construction;

(3)   to bring the document of permission to the department of industrial and commercial administration to apply for operation license;

The responsible department and the departments of public security in charge of

firefighting, labor shall reply within 30 days from the date of receiving an application. The department of industrial and commercial administration shall reply within the time limit prescribed by the state. The annual examination system shall be put into practice for the certificate of the qualifications for fuel gas operation.

       Article 19 Without permission, no one shall be engaged in the operation of fuel gas.

       Article 20 The merger, division, closedown of fuel gas enterprises, and the change of operation places and other major items shall be reported to the responsible department one month in advance.

       The responsible department shall examine and reply within 15 days from the date of receiving an application. If the changes referred to in the previous section has affected the normal supply of fuel gas and there is a failure to handle it properly or there is still no normal supply of fuel gas after it has been handled, the responsible department shall take charge in supervising, or in dealing with the problem.

       Article 21 Fuel gas enterprises shall provide pre-job training for employees, and only those who have passed the examination shall take up their jobs. Thos who have not taken the examination or failed to pass the examination shall not take up jobs.

       The personnel of fuel gas enterprises doing tests, repair and maintenance, and installation shall have professional qualifications, and do their work with certificates on hand. Those without certificates shall not work on their own.

       Article 22 Fuel gas enterprises shall guarantee that the thermal value, components, smell, pressure of fuel gas meet the national standards, and ensure the normal supply and the quality of gas.

       If a fuel gas enterprise needs to stop gas supply, reduce pressure and the residents' use of gas is therefore affected, the users shall be informed 24 hours in advance except for emergency.

       If the supply of pipeline fuel gas has been stopped continuously for more than 48 hours, the fuel gas enterprise shall take measures to guarantee that users have gas for their living.

       Article 23 The gas volume of a filled bottle shall be in accord with the weight indicated on the bottle' s label, the error shall not exceed the range of the permissible error prescribed by the state.

       Article 24 Fuel gas enterprises shall not provide a source of gas for any operators who have not obtained the permission.

       Article 25 The price of fuel gas shall be determined according to the principle of the cost of gas supply plus tax and reasonable profit, and the price of gas for residents' living shall be determined according to the principle of small profit without loss.

       Article 26 The price of fuel gas and the standards of other charges shall be fixed and adjusted by the municipal department of  price jointly with the responsible department, reported to the municipal government for approval, and put into effect after being made known to the public.

       Article 27 Fuel gas enterprises shall collect fees according to the prices and items announced by the municipal government, and the actual gas volume consumed by users.

       Article 28 Any fuel gas enterprise shall set up a user-contact telephone, and notify users. There shall be a special person on duty to be reached by this telephone 24 hours a day.

Chapter IV Use and Management

       Article 29 The units and residents using fuel gas shall apply to fuel gas enterprises for opening accounts.

       Fuel gas enterprises shall process account opening for qualified users within 5 days from the date of receiving their applications and the related materials.

       Article 30 If a user needs to change the name, address and purpose of gas using or to stop using fuel gas, an application shall be filed to the fuel gas enterprise for change or stop of gas using. The fuel gas enterprise shall process the application within 3 days.

       Article 31 Users shall pay for gas on time according to the rules and shall not default or refuse to make payments.

       In case of failure to pay for gas, an overdue fine of 1% of everyday charge shall be imposed on the users of productive operation, and an overdue fine of 3% of everyday charge shall be imposed on the other users. If the circumstances are serious, fuel gas enterprises shall have the power to stop gas supply.

       Article 32 Fuel gas equipments used by users shall meet the national standards.

       Article 33 The installation, dismantlement, refitment of the pipeline gas supply facilities and water heaters with fuel gas, and the installation, repair and maintenance, dismantlement and removal of the fuel gas equipments for productive operation shall be done by the units with the professional qualification certificates. Users shall not do installing, dismantling, refitting themselves.

       Article 34 Users shall not resell or steal fuel gas.

       Article 35 User may complain to the responsible department about the charge and services of fuel gas enterprises. The responsible department shall promptly investigate and handle the issues which users complain about, and inform the complainants of what has been done within 10 days from the date of receiving the complaint.

Chapter V Safety Management

       Article 36 Fuel gas enterprises shall establish the safety responsibility system, and improve the safety guarantee system of fuel gas.

       Article 37 Fuel gas enterprises shall make the rules for users on the safe use of gas, distribute the manuals of the safe use of gas to users, conduct the publicity and educational programs on the safety issue. Users shall strictly abide by the rules on the safe use of gas, ensure the safety of gas using.

       Article 38 Fuel gas enterprises shall do daily inspection of fuel gas pipelines and facilities, check the users' safe use of gas once a year. If the hidden trouble leading to an accident has been found, it shall be removed on time.

       Article 39 Fuel gas stations, docks, distribution facilities, and various equipments of fuel gas shall have conspicuous marks which are in line with the stipulations of the state. Any unit and individual shall not alter, remove, damage or cover these marks without authorization.

       Article 40 It shall be prohibited to construct buildings, structures and pile articles on the pipelines and facilities of fuel gas.

       Article 41 Before starting the construction which might affect the safety of fuel gas equipments, any unit and individual shall notify the fuel gas enterprise in writing, and the fuel gas enterprise shall send its people to the spot for the supervision and direction of the construction. If the dismantlement, removal of gas supply facilities is needed, the formalities shall be complied with at the fuel gas enterprise, the fees shall be paid for dismantling and removing, and the fuel gas enterprise shall organize the dismantlement and removal.

       Article 42 The pressure containers for the storage and distribution of fuel gas shall be registered at the municipal department of labor, the certificate of use shall be obtained, and turned over for checkup on a regular basis, the safety accessories shall be regularly sent for inspection.

       Article 43 The steel bottles of fuel gas shall be regularly sent to the steel bottle inspection agency approved by the municipal department of labor for inspection, It shall be prohibited to use the steel bottles which are not up to the standards.

       Article 44 It shall be prohibited to overfill steel bottles and to fill steel bottles directly from a tank truck.

       Article 45 It shall be prohibited to put gas from a steel bottle to another one(to put a steel bottle upside down), empty the residue on one' s own, and heat, throw, pound, lay down a steel bottle, change the inspection label or the color of a bottle, disassemble and repair the accessories such as the valve of a bottle, etc.

       Article 46 The operation with fire for the system of storage and distribution of fuel gas shall be started only after obtaining the permit for the operation with fire according to the stipulations of the department of public security in charge of firefighting.

       Article 47 The motor vehicles engaged in fuel gas shipping shall be used for such transportation only after filing applications to the department of public security in charge of firefighting and obtaining the permits for transportation.

       Article 48 Without the consent of the fuel gas enterprises, it shall be prohibited to open or shut down the public valves of the fuel gas pipelines except for the emergency such as firefighting, etc.

       Article 49 It shall be prohibited to use bottled fuel gas in a high-rise building.

       Article 50 The users in public buildings, industrial users, and the management offices of residential quarters shall designate special persons for the training and examination organized by the responsible department in order to be responsible for the management and supervision of the gas supply systems of their own units.

       Article 51 If an accident of fuel gas has been found, any unit and individual shall report to the fuel gas enterprise immediately. The fuel gas enterprise shall promptly make arrangements for emergency repairing.

       Article 52 Any fuel gas enterprise shall have a special team for emergency repairing only, which is equipped with emergency repairing personnel, protective materials, vehicles and appliances, communication equipments, etc., and make the emergency repairing plan for various kinds of sudden accidents.

       Article 53 When handling the emergency of a fuel gas accident, the professional personnel of emergency repairing may take the proper emergency measures, if it is necessary, to deal with the other facilities affecting the emergency repairing, but have to restore the original conditions afterward, comply with the formalities and properly handle the remaining problems after the accident.

       Article 54 The settlement of an accident shall be done according to the related rules of the state.

Chapter VI Penalty Provisions

       Article 55 In case of violation of Articles 9, 10, 11, 12, 13 of these regulations concerning the construction of a fuel gas project, a punishment shall be imposed according to Regulations of the Shenzhen Special Economic Zone on the Quality of Construction Projects.

       Article 56 In case of violation of the first section of Article 19 of these regulations by operating fuel gas without permission, the responsible department shall order stopping business, take over the equipments of illegal operation, confiscate illegal earnings, and impose a fine of more than 30,000 but less than 50,000 RMB.

       Article 57 If a fuel gas enterprise, in violation of Article 20 of these regulations, has been engaged in merger, division, closedown, change of the operation places and other major items without authorization, the responsible department shall impose a fine of more than 30,000 but less than 50,000 RMB.

       Article 58 If a fuel gas enterprise, in violation of Article 22 of these regulations, has failed to have the quality of supplied gas meet the standards of the state, the responsible department shall order correction by a deadline; if there is any damage to users, the compensation for the loss shall be ordered; if the correction has not been made after the deadline, the responsible department shall order rectification, and impose a fine of more than 10,000 but less than 30,000 RMB.

       Article 59 If a fuel gas enterprise, in violation of Article 22 of these regulations, has failed to inform users 24 hours in advance of stopping gas supply, reducing pressure, the responsible department shall impose more than 10,000 but less than 30,000 RMB; if no measure has been taken after stopping gas supply for more than 48 hours and the resultant loss to the others has occurred, the responsible department shall order taking remedial measures immediately, compensating for the loss, and impose a fine of 30,000 RMB.

       Article 60 In case of violation of Article 23 of these regulations by failing to make the filled fuel gas match the weight indicated on the label, the administrative department of the supervision of technology shall impose a punishment according to Regulations of the Shenzhen Special Economic Zone on Measurement.

       Article 61 In case of violation of Article 24 of these regulations by providing a source of gas for the operator without permission, the responsible department shall confiscate the illegal earnings, impose a fine of more than 50,000 but less than 100,000 RMB, and also a fine of more than 1,000 but less than 5,000 RMB shall be imposed on the directly responsible person.

       Article 62 In case of violation of Articles 26, 27 by submitting the data of false prices, raising prices, marking up prices without authorization, the administrative department of price shall impose a punishment according to Articles 35, 36 of Regulations of the Shenzhen Special Economic Zone on Prices.

       Article 63 In case of violation of Article 33 of these regulations by installing, dismantling, and refitting the pipeline facilities or fuel gas equipments without authorization, the responsible department shall order rectification, and impose a fine of more than 1,000 but less than 5,000 RMB.

       Article 64 In case of violation of Article 40 of these regulations by constructing buildings, structures or piling articles on the pipelines and facilities of fuel gas, the responsible department shall order the immediate removal, and impose a fine of more than 5,000 but less than 10,000 RMB; if the circumstances are serious, a fine of more than 10,000 but less than 30,000 RMB shall be imposed.

       Article 65 In case of violation of Article 41 of these regulations by failing to inform a fuel gas enterprise when starting the construction that might affect the safety of fuel gas facilities, the responsible department shall order stopping the construction, and impose a fine of more than 5,000 but less than 10,000 RMB; If the fuel gas facilities are damaged or destroyed, the responsible department may impose a fine of more than 10,000 but less than 30,000 RMB; if the loss has been caused to the others, the compensation for the economic loss shall be ordered; a fine of more than 1,000 bur less than 10,000 RMB shall be imposed on the directly responsible person.

       Article 66 In case of violation of Articles 42, 43 of these regulations by operating the pressure container which has no certificate for use, failing to do regular inspection of steel bottles or using the steel bottles which are not up to the standards, the municipal department of labor shall impose punishments according to the related rules.

       Article 67 In case of violation of Article 44 of these regulations by using a tank truck to fill steel bottles directly or overfilling steel bottles, the responsible department shall order the immediate correction, and impose a fine of more than 10,000 but less than 30,000 RMB; if the loss has been caused to the others, the compensation for the economic loss shall be ordered.

       Article 68 In case of violation of Article 45 of these regulations by putting gas from steel bottle to another one(putting a steel bottle upside down), emptying the residue on one' s own, changing the inspection label or the color of a bottle without authorization, disassembling and repairing the accessories such as the valve of a bottle, etc., the responsible department shall order correction, and impose a fine of more than 1,000 but less than 5,000 RMB; if the loss has been caused to the others, the compensation for the loss shall be ordered.

       Article 69 In case of violation of Articles 46, 47 of these regulations by operating with file without authorization, shipping fuel gas without permit for such transportation, the department of public security in charge of firefighting shall order stopping immediately, and impose a fine of more than 10,000 but less than 30,000 RMB; if the loss has been caused to the others, the compensation for the loss shall be ordered.

       Article 70 In case of violation of Article 48 of these regulations by opening or shutting down the public valves of the fuel gas pipelines without authorization, the responsible department shall impose a fine of more than 1,000 but less than 5,000 RMB; if the loss has been caused to the others, the compensation for the loss shall be ordered.

       Article 71 In case of violation of Article 49 of these regulations by using bottled fuel gas in a high-rise building which has the fuel gas supply by pipelines, the responsible department shall order stopping the use immediately, and impose a fine of more than 1,000 but less than 5,000 RMB; if the loss has been caused to the others, the compensation for the loss shall be ordered.

       Article 72 In case of violation of Article 51 of these regulations by failing to do emergency repairing promptly so that an accident occurred, the responsible department shall impose a fine of more than 50,000 but less than 100,000 RMB; a fine of more than 5,000 but less than 10,000 RMB shall be imposed on the person directly responsible for the delay of emergency repairing; if the loss has been caused to the others, the compensation for the loss shall be ordered.

       Article 73 If the circumstances in violation of these regulations are serious enough to constitute a crime, the judicial office shall investigate into the criminal responsibility of the party concerned.

       Article 74 All the earnings which have been confiscated according to these regulations shall be turned over by the office imposing punishments to the finance of the municipal government.

       Article 75 If the personnel of law enforcement departments, in violation of these regulations, have neglected duties, abused power, practiced favoritism and engaged in irregularities, and accepted bribes, the administrative responsibility shall be ascertained according to law; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.

       Article 76 If a party concerned refuses to accept the administrative punishment imposed by the responsible department, an application for review may be filed to the administrative review office of the Shenzhen Municipal People' s Government within 15 days from the date of receiving the decision of punishment. In case of refusing to accept the review decision, legal action may be taken at the people' s court within 15 days from the date of receiving the written decision of review. The party concerned may also take legal action directly at the people' s court. If the party concerned has neither applied for review nor taken legal action after the deadline, and failed to carry out the decision of punishment, the responsible department may apply to the people' s court for coercive execution.

Chapter VII Supplementary Provisions

       Article 77 The Shenzhen Municipal People' s Government may formulate the implementation measures according to these regulations.