Regulations of Shanghai Municipality on the Administration of Responsibility Zones of City Appearance and Environmental Sanitation

(Promulgated by Decree No. 24 of Shanghai Municipal People's Government on December 5, 2014; amended in accordance with Decree No. 7 of Shanghai Municipal People's Government)

Article 1 (Purposes and Basis)

With a view to strengthening the administration of responsibility zones of city appearance and environmental sanitation in this Municipality and maintaining the clean and tidy appearance and environmental sanitation of this Municipality, these Procedures are formulated in accordance with the Regulations on the Administration of City Appearance and Environmental Sanitation and Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation.

Article 2 (Administrative Department)

The municipal greening and city appearance administrative department is the competent department for the responsibility zones of city appearance and environmental sanitation in this Municipality (hereinafter referred to as the "responsibility zone"), and mainly performs the following duties and responsibilities:

1. organizing and formulating the relevant policies, criteria and directive opinions for the administration of the responsibility zones in this Municipality;

2. organizing inspection and assessment of the conditions of the city appearance and environmental sanitation of each district responsibility zones; 

3. and coordinating relevant administrative departments to include the responsibility requirements in the relevant items of industry management.

The relevant administrative departments of market regulation, commerce, medical products administration, housing administration, economy and informatization, housing and urban-rural development, transportation, health, education, and culture and tourism in this Municipality shall, according to the respective functions and duties, cooperate with each other in the implementation of these Procedures.

Article 3 (District and Town/Township Administrative Responsibility)

The district people's governments shall be responsible for the integrated coordination relevant to the administration of responsibility zones in their own administrative areas.

The district greening and city appearance administrative departments shall be responsible for the supervisory administration of responsibility zones in their own administrative areas. Their main duties and responsibilities are as follows:

1. arranging and putting into effect the work of responsibility zones in their own administrative areas;

2. carrying out the work of publicity, mobilization, training, supervision and check-up relevant to responsibility zones; 

3. and guiding the town/township people's governments and sub-district offices to press ahead with the work of self-discipline management in the responsibility zones.

The town/township people's governments and sub-district offices shall be responsible for organizing relevant units and individuals in their own administrative areas to put into effect the responsibility zone system. Their main duties and responsibilities are as follows:

1. designating the specific persons responsible and the scope of responsibility zones;

2. pressing ahead with the establishment of a mechanism of self-discipline management in the responsibility zones; 

3. and introducing a third party from the society to participate in the relevant work of responsibility zones.

Article 4 (Designation of Persons Responsible and Division of Responsibility Zone Scope)

The persons responsible shall be designated in accordance with the relevant provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation.

The division of land areas for responsibility zones shall follow the fundamental rules as below:

1. The scope of the responsibility zones of residential areas under property management is from the outer side of the property management areas to the outer edge of pavement;

2. The scope of the responsibility zones of rail transport, tunnels, elevated roads, highways and railways is a certain extending area outside the exit and entrance as well as the outer side of the buildings and structures;

3. The scope of responsibility zones of public places including culture, sports, entertainment and sightseeing sites, parks, public greenery lands, airports, stations and wharves is from the outer side of the public space areas to the outer edge of pavements;

4. The scope of responsibility zones of agricultural markets, exhibition venues, shopping malls, supermarkets, catering, hotels, and street merchants, construction sites, and land plots for construction is from the outer side of their operating and usage area to the outer edge of pavement;

5. The scope of responsibility zones of the units including organs, mass organizations, schools, troops, enterprises and institutions is from the outer side of their buildings and structures to the outer edge of pavements; 

6. And the scope of responsibility zones of bonded zones, high tech industrial parks, industrial parks and economic development zones is the public space under their administration.

The municipal greening and city appearance administrative department shall, in accordance with the provision of the preceding clause, formulate specific division criteria for the scope of responsibility zones in this Municipality, and make them known to the public.

Where the scope of responsibility zones cannot be determined in accordance with the provisions of Clause 1 and Clause 2, the town/township people's governments and sub-district offices shall put forward division suggestions in accordance with the actual circumstances, and submit them to the district greening and city appearance administrative departments for determination.

For the border areas of administrative jurisdictions where the scope of responsibility zones is unclear, the municipal greening and city appearance administrative department shall make the determination.

Article 5 (Responsibility Requirements)

In accordance with the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, the responsibility requirements for land areas for responsibility zones shall be determined as follows:

1. keeping the city clean and tidy, without setting up stalls, building, posting, scribbling, carving, hanging, stacking, or parking non motorized vehicles randomly, and without snow or ice that affects traffic; 

2. and keeping the environment clean and tidy, free from exposed garbage, feces, sewage, and stains.

The responsible person shall dissuade and stop any behavior that violates the provisions on city appearance and environmental sanitation administration within the responsible area; if dissuasion or cessation is ineffective, the person shall report to the administrative department of greening and city appearance, urban management and law enforcement department, town/township people's government, or sub-district office.

Article 6 (Cleaning of Public Facilities)

The property units of such public facilities as postal service, water, power supply, telecommunications and transportation shall do well the work of cleaning public facilities in accordance with the requirements of urban appearance standards. In finding out the above-mentioned public facilities failing to meet the standards, the persons responsible shall report to the district greening and city appearance administrative department. The district greening and city appearance administrative department shall require the property unit of public facility to handle in time.

Article 7 (Notification of Responsibility)

The district greening and city appearance administrative department shall work out the Notification for the Responsibility Zones of City Appearance and Environmental Sanitation in Shanghai Municipality (hereinafter referred to as the Notification of Responsibility). The Notification of Responsibility shall state clearly in writing the contents of persons responsible, the specific scope of responsibility zones, the responsibility requirements as well as corresponding legal liability. The Notification of Responsibility shall be provided for the persons responsible by the town/township people’s governments and sub-district offices in their respective administrative areas.

The persons responsible shall make public notice of the Notification of Responsibility at the conspicuous place of their office or business operation place, and keep it clean and tidy and in good condition.

The model text of the Notification of Responsibility shall be formulated by the municipal greening and city appearance administrative department.

Article 8 (Information Archives of Persons Responsible)

The town/township people's governments and sub-district offices shall establish information archives of persons responsible in their administrative areas, and shall record and update in a timely manner the essential information such as the names of persons responsible, the specific scope of responsibility zones, the business scope of persons responsible and the fulfillment of responsibility requirements.

Article 9 (Mechanism of Self-discipline Management)

This Municipality shall encourage the persons responsible in the administrative areas of the town/township people's governments and sub-district offices to set up self-discipline organizations of their responsibility zones to practice self-management on their fulfillment of responsibility requirements.

Article 10 (Self-discipline Stipulations)

The self-discipline organization of responsibility zones shall formulate self-discipline stipulations, define clearly such matters as the composition and concrete form of self-discipline organizations, the specific responsibility requirements for the persons responsible and the fulfillment evaluation mechanism of the persons responsible. The specific responsibility requirements agreed in the self-discipline stipulations may, based on the provisions of Clause 1 of Article 5 of these Procedures, include other requirements of city appearance and environmental sanitation responsibility thereinto. The persons responsible in the self-discipline organization of responsibility zones shall observe the self-discipline stipulations.

Article 11 (Government Promotion of Self-discipline)

The town/township people's governments and sub-district offices shall, in accordance with the actual circumstances of their administrative areas, promote the implementation of self-discipline management of responsibility zones, and do a good job of the specific work hereinafter:

1. guiding the person responsible in certain zones of the administrative area to set up a self-discipline organization in the responsibility zone, or relying on the existing community self-ruling organizations to bring the responsibility requirements into the relevant norms of community self-ruling organizations;

2. providing guidance for the formulation of self-discipline stipulations;

3. formulating relevant supporting measures to motivate the persons responsible in the self-discipline organizations of responsibility zones to participate in the relevant work of city appearance and environmental sanitation; 

4. and other service in favor of the promotion of self-discipline management of responsibility zones.

Article 12 (Assessment)

The town/township people's governments and sub-district offices shall make assessment on the fulfillment of the responsibility requirements of the persons responsible, and shall give publicity to the assessment results; public opinions shall be listened to when making the assessment. The town/township people's governments and sub-district offices may grant awards to the persons responsible who fulfill the required responsibilities on their own initiative; the assessment results shall be taken as one of the criteria for granting awards. The town/township people’s governments and sub-district offices may entrust social organizations by way of paid service to carry out relevant work.

Article 13 (Contract Guidance)

The town/township people's governments and sub-district offices shall guide the property owners of residential quarters and commercial office buildings so as to include the responsibility requirements in the contract contents when signing contracts of real estate service, shop leasing and unit decoration.

Article 14 (Industry Guidance and Unit Demonstration)

The relevant municipal administrative departments of commerce, housing administration, economy and informatization, housing and urban-rural development, transportation, health, education, culture and tourism shall supervise and urge the units in their own industries to observe the responsibility requirements. The relevant industry associations shall include responsibility requirements in the codes of their own industries, and supervise and urge the member units to observe the responsibility requirements. State organs, public institutions and state-owned enterprises shall play an exemplary role in the implementation of the responsibility zone system.

Article 15 (Model Units Selection)

The implementation of the responsibility zone system shall be included in the criteria for selecting such model units as model residential areas, model entities, model communities, model villages/towns, model industries and model urban districts in this Municipality.

Article 16 (Publicity Work)

The municipal and district greening and city appearance administrative departments as well as the relevant administrative departments that coordinate in the implementation of these Procedures, the town/township people's governments and sub-district offices shall give publicity to the responsibility zone system via multi-forms and enhance the consciousness of units and individuals to participate in the management of city appearance and environmental sanitation.

Article 17 (Performance Appraisal)

The municipal and district people's governments shall take the implementation of responsibility requirements as the appraisal contents of the relevant departments at the same level as well as the people's governments and the persons-in-charge at the lower level. The appraisal results shall be taken as the major appraisal contents of the performance of the governments and all the departments concerned, and shall be made known to the public. The municipal and district people's governments, when making performance appraisal, may entrust social organizations by way of paid service to carry out the social satisfaction evaluation.

Article 18 (Administrative Penalties)

Any person responsible failing to fulfill the relevant responsibility requirements in violation of Clause 1 of Article 5 of these Procedures shall be handled in accordance with the provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation.

Article 19 (Administrative Responsibility)

Where the municipal and district greening and city appearance administrative departments, the urban management and law-enforcement department, town/township people's governments, sub-district offices or other relevant administrative departments or their staff, in violation of the provisions of these Procedures, engaging in abuse of power, dereliction of duty, and favoritism and fraud, the person directly responsible and other directly responsible persons shall be punished according to law.

Article 20 (Responsibility Zone of City Appearance and Environmental Sanitation of Water Areas)

The Provisions of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation of Water Areas and other relevant provisions shall be applied to the administration of city appearance and environmental sanitation responsibility zones of water areas in this Municipality.

Article 21 (Effective Date)

These Procedures shall be effective as of March 1, 2015.