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The Interim Procedures of Shanghai Municipality on the Administration of the Sweeping and Tidiness-keeping Services of Roads
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| (Promulgated by Decree No.68 of the Shanghai Municipal People' s Government on July 7, 1999) Article 1 Purpose These Procedures are formulated with a view to standardizing the services of sweeping and tidiness-keeping of roads and public places, and promoting the development of this Municipality' s sanitary undertakings, and in line with the actual situation of this Municipality. Article 2 Scope of Application These Procedures are applicable to the sweeping and tidiness-keeping services of roads and public places and the relevant administrative activities of this Municipality. Article 3 Administrative Department Shanghai Municipal Environmental Sanitation Administrative Department (hereinafter referred to as SMESAD) is the competent department of sweeping and tidiness-keeping services of roads and public places of this Municipality. Environmental sanitation administrative departments of the district / county (hereinafter shortened as the district/county ESAD) shall be responsible for the administration of the sweeping and tidiness-keeping services of roads and public places within their own respective administrative area in accordance with their specified duties. Article 4 (Principles of Administration) This Municipality shall implement the following principles to the administration of the sweeping and tidiness-keeping services of roads and public places: 1、Principle of being impartial, open and fair; 2、Principle of moderate degree of competition; and 3、Principle of promoting employment. Article 5 (Classification of the Sweeping and Tidiness-keeping Grades of Roads and Public Places) The standards of sweeping and tidiness-keeping of roads in this Municipality are classified into 4 grades. The grades of sweeping and tidiness-keeping in public places shall be determined in the light of those of the roads nearby. The specific standards for the grades applied to the sweeping and tidiness-keeping of roads and public places shall be delimited by the SMESAD in accordance with relevant regulations of the State. Article 6 Stipulations on Contracting and Contract Granting Contract granting items of road sweeping and tidiness-keeping services at the fourth grade of sweeping and Tidiness-keeping may be allocated directly to the unit or individual person. Contract granting items of the sweeping and tidiness-keeping services of roads or public places above the third grade of sweeping and tidiness-keeping, if paid by the financial fund, shall be entrusted to the specific tender-inviting and entering organizations, and select the outstanding contractor by means of bid inviting and entering. The contractor for contract granting items that are not paid by the financial fund may be selected by means of bid inviting or entering or the items may be granted directly. The contractor shall transfer the contracted items. The unit engaged in the sweeping and tidiness-keeping services of roads and public places which are above the third grade of sweeping and tidiness-keeping (hereinafter shortened as the Sweeping and Tidiness-keeping unit) shall have the appropriate qualification grade. Article 7 Qualification Grades and Scope of Business The qualification grades of the Sweeping and Tidiness-keeping unit are classified into Grade A and Grade B in line with its members of staff and workers , fund, conditions of equipment and facilities as well as its actual achievements: The Sweeping and Cleaning Unit of Grade A qualification may contract the sweeping and tidiness-keeping business of all roads and public places. The Sweeping and Tidiness-keeping unit of Grade B qualification may contract the sweeping and tidiness-keeping business of roads and public places other than the sweeping and the tidiness-keeping of the standard of the first grade Article 8 Documents for Applying for the Qualification grade The Sweeping and Tidiness-keeping unit shall submit the following documents to the local district/county ESAD of the district / county when applying for the qualification grade: 1、The photocopied duplicate of the business license; 2、The identification card of the legal representative of the unit; 3、The certificate of the qualification for post-holding of personnel; 4、The standardized text of the environmental sanitary work and services; and 5、Certificates of ownership or use right of the equipment or facilities involved in business. Article 9 Procedures and Requirements for Appraising and Determining the Qualification Grade Qualification Grade A shall be reported to the SMESAD by the district/county ESAD for appraisal and determination after being examined and verified by the latter. Qualification Grade B shall be appraised and determined by the district/county ESAD who shall file the case of the appraisal and determination with the SMSAD for the record. The SMESAD or the district/county ESAD shall complete the appraisal and determination of the qualification grade within 30 days after it accepts the application, and issue the qualification grade certificate to those who meet the requirements. To those who fail to meet the requirements, the environmental sanitation departments shall illustrate the reasons in written form. Article 10 Contract of Contracting and Contract Granting The unit granting the contract of the service items of sweeping and tidiness-keeping of roads and public places shall sign a contract of sweeping and tidiness-keeping service with the contracting unit or individual person. The sweeping and tidiness-keeping service contract consists of the following contents: 1、The scope of sweeping and tidiness-keeping; 2、The standard of sweeping and tidiness-keeping; 3、The frequency and modes of sweeping and tidiness-keeping operations; 4、The mode of payment; 5、The period of the contract; and 6、Liabilities of breach of contract. Article 11 Supervision and Inspection The SMESAD or the district/county ESAD shall supervise and inspect the service quality of the sweeping and tidiness-keeping unit or individual person. Article 12 Handling of Complaints Citizens are entitled to complain to the SMESAD or the district/county ESAD about the service quality of the sweeping and tidiness-keeping unit or individual person. The SMESAD or the district/county ESAD shall conduct investigations within 7 days after accepting the complaint, and shall order the unit or the individual person complained against to correct, if the cases are true. Article 13 Handling of Violation of Regulations by the Sweeping and Tidiness-keeping Unit In case that a sweeping and tidiness-keeping unit has been three times ordered to correct , the SMESAD or the district/county ESAD shall degrade its qualification. The unit whose qualification is of Grade B, the SMESAD or the district/county ESAD shall cancel its qualification grade. The sweeping and tidiness-keeping unit whose qualification grade is cancelled shall not reapply for the qualification grade within 3 years starting from the day of the cancellation. In case that the sweeping and tidiness-keeping unit acquire the contracting right of the items of sweeping and tidiness-keeping services of roads and public places paid by financial fund through an unjust approach by breaching these Procedures, the SMESAD or the district/ county ESAD may cancel its qualification of contracting; those whose case is serious shall not enter this Municipality' s market of the sweeping and tidiness-keeping services of roads and public places paid by the financial fund within 5 years starting from the day of investigation and punishment. Article 14 Handling of the Wrongful Acts of the Tender Inviting and Entering Organization If the tender inviting and entering organization fails to allocate the service items of the sweeping and tidiness-keeping of roads and public places through the method of tender inviting and entering, which otherwise shall be done so, or allocating the sweeping and tidiness-keeping services items of roads and public places to the unit who does not have the appropriate qualification grade, the superior department shall order the tender inviting or entering organ to correct, and shall give disciplinary sanction against the liable persons. Article 15 Financial and Auditorial Supervision Relevant administrative departments in finance and audit shall undertake supervisions in accordance with law on the payment of the financial fund for the service items of the sweeping and tidiness-keeping of roads and pubic places contracted through tender inviting and entering. Article 16 Review and Litigation In case the party concerned is not satisfied with the specific administrative actions made by the SMESAD or the district/county ESAD, he or she may apply for the administrative reconsideration, or take an administrative proceedings in accordance with the Law of the People' s Republic of China on Administrative Review and the Administrative litigation Law of People' s Republic of China. If the party concerned neither applies for reconsideration, nor takes proceedings, or performs the specific administrative action within the statutory time limit, the department making the decision of this specific administrative action may apply to the People' s court for an enforcement in accordance with the stipulations of the Administrative Litigation Law of People' s Republic of China. Article 17 Investigations on the Wrongful Acts Committed by the Law Enforcement Personnel The sanitation administrative personnel shall abide by the law, and enforce the law impartially. Those who neglect their duties, abuse their power, bend the law for private benefits, request or accept bribes, or carrying out tasks by perverting the law, shall be given an disciplinary punishment by their units or their superior responsible departments. Those whose wrongful act constitutes a crime, shall be prosecuted for his or her criminal liability according to law. Article 18 Interpretation on Applications The SMESAD may interpret these Procedures in their specific applications. Article 19 Date of Implementation These Procedures shall become effective on October 1, 1999. |
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