Notice of ��a=��Ʊ-Shanghai Xuhui District People’s Governmenton Printing and Distributing“Implementation Rules of Xuhui District on Lifecycle Management of Industrial Land Transfer (for Trial Implementation)”

 (August 8, 2014)

XuFuFa (2014) No.15

 

All relevant commissions, offices and bureaus of district government, all sub-districts, Huajing Town and all relevant units:

Subject to District Government’s approval, “Implementation Rules of Xuhui District on Lifecycle Management of Industrial Land Transfer (for Trial Implementation)”is now printed and distributed to you all for your conscientious implementation.

Implementation Rules of Xuhui District on Lifecycle Management of Industrial Land Transfer (for Trial Implementation)

ARTICLE 1 (PURPOSE AND BASIS)

In order to comprehensively implement the basic strategy of “total quantity locking, diminishing increment, existing quantityoptimization, flow synergy, quality improvement”, give full play to the market allocation role of land resources, strengthen lifecycle management of industrial land transfer, promote a transformational development of Xuhui District’s economy and society, these Rules are formulated in accordance with “Land Administration Law of the People’s Republic of China”,“Measures of Shanghai Municipality for Transfer of Land Use Right for Construction Land”and “Several Opinionson Further Improving Shanghai’s Level of Economical and Intensive Land Use” and “Several Provisionson Strengthening Shanghai’s Industrial Land Transfer Management(for Trial Implementation)”printed and distributed by Shanghai municipal government, and with reference to the actualities of Xuhui District.

ARTICLE 2 (DEFINITION AND SCOPE OF APPLICATION)

For the purpose of these Rules, the term “lifecycle management of industrial land transfer” means, with the aim of improving land utilization quality  and benefit and with the platform of land transfer contract, implementing whole-process dynamic evaluation and supervision on land use by projects within land use period, and includingeconomic, social and environmental elements (e.g., project construction input, output, energy saving, environmental protection) incontract management, and realizing systematic, refined and dynamic land utilizationmanagementthrough improving such mechanisms as industry access and comprehensivebenefitevaluation for industrial land, and land use rightexit of construction land.

Industrial land industry project category, industrial land standard factory building category, R&D headquarters industry project category, and R&D headquarters general category construction land newly available in Xuhui District shall be governed by these Rules. Disposition of historically illegal industrial land, area expansion, floor area ratioincrease, partial transferof existing industrial land, as well as transfer of allocatedlandshall be carried out with reference to these Rules.

ARTICLE 3 (ADMINISTRATIVE DUTIES)

District Planning and Land Management Bureau is responsible for the administration of industrial land planning and land utilization in Xuhui District. District Commerce Commission as competent authority for industries in Xuhui District is responsible for implementing lifecycle management ofindustrial land, while Huajing Town Government, District-Park Cooperation Comprehensive Coordination Office, and Riverside Area Development Administrative Committee General Office shall assist District Commerce Commission in lifecycle management of industrial land. Their respective duties are specified below:

(I)Huajing Town Government shall be the entity in charge of commencement, completion, industrial operation, capacity achievement, renewal verification and performance securitycollection of new industrial land within Huajing Town excluding Guangang riverside area.

(II)District-Park Cooperation Comprehensive Coordination Office shall be the entity in charge of commencement, completion, industrial operation, capacity achievement, renewal verification and performance securitycollection of new industrial land within Caohejing Hi-Tech Park, and entrust Hongmei Subdistrict Office with specific implementation.

(III)Riverside Area Development Administrative Committee General Office shall be the entity in charge of commencement, completion, industrial operation, capacity achievement, renewal verification and performance securitycollection of new industrial land within Xuhui riverside area, and entrust West Bank Group with specific implementation.

(IV)District Commerce Commission shall be the entity in charge of commencement, completion, industrial operation, capacity achievement, renewal verification and performance securitycollection of new industrial landin other areas within Xuhui District.

Departments including District Development and Reform Commission, District Construction and Communication Commission, District Planning and Land Management Bureau, and District Environmental Protection Bureau shall do a good job in project execution assessment andsupervisionaccording to their respective duties.

ARTICLE 4 (INDUSTRY ACCESS)

The industrial project accessexamination and approval system shall be intensified.District Commerce Commission shall be responsible toclarify the requirements of industrial land projects on industry type, investment intensity, outputefficiency, energy saving and environmental protection before land transfer, andDistrict Planning and Land Management Bureau shall be responsible to include those requirements in land transfer contracts as the basis for land useperformance evaluation.

Specificprocess:

The applicant submits “two views and one sheet” (bird’s eye view, plan view, project basic information sheet) to District Commerce Commission.

District Commerce Commission submits industry verification results to District Leading Group for Land Resources for deliberation.

In accordance withdeliberationresultsof the conference of District Leading Group for Land Resources, District Commerce Commissionissuesan industry verificationletter.

District Planning and Land Management Bureau implements the transfer of land parcel in accordance with the industry verification letter from District Commerce Commission.

ARTICLE 5 (COMMENCEMENT AND COMPLETION MANAGEMENT)

District Planning and Land Management Bureau shall work with verification entity toestablish the time of project commencement, completion and industrial operation,and include those requirements in the land transfer contract before land transfer. Any construction project built on newindustrial land shall be commenced within 6 months after land handover, be completed within 30 months after land handover, and be put into industrial operation within 36 months after land handover, unless otherwise agreed for special projects.

Construction projectsshall adopt the time-basedperformance securitysystem. Performance securityfalls into commencement performance security, completion performance security, and industrial operationperformance security. The transferee shall, within 10workdays of the signing date of transfer contract, pay to verification entity project time performance securityaccording to the price of at least 5% of land transfer fee. Among others, commencement performance security may be at least 40% of the entire performance security.

In accordance with projectactualities, subject to deliberationand approvalby District Leading Group for Land Resources, District Commerce Commission, Huajing Town Government, Riverside Area Development Administrative Committee General Office, and District-Park Cooperation Comprehensive Coordination Office may alternatively prescribe the implementation ofproject time execution bond system, whosespecific form will be determined with reference to the performance securitysystem.

ARTICLE 6 (PERFORMANCE SECURITY MANAGEMENT)

After project commencement,the transferee may apply to verification entityfor the refund of project commencement security. The verification entitywill, within 10 days afterverification of project commencement, refund commencement performance security from the original account.

After project completion,the transferee may apply to verification entityfor the refund of project completion security. The verification entitywill within 10 days afterverification of project completion,refund completion performance security from the original account.

After industrial operation of the project, the transfereemay apply to verification entity for the refund of project industrial operationsecurity. The verification entitywill, within 10 days after verificationof project industrial operation, refund completion performance securityfrom the original account.

Where the transferee fails to realize commencement, completion, or industrial operation on schedule, District Planning and Land Management Bureau will handle the issue pursuant to applicable contract clauses on breach of contract. Performance securities not refunded will be handed over to national treasury in a centralized fashion.

ARTICLE 7 (PERFORMANCE EVALUATION MANAGEMENT OF LAND UTILIZATION)

The land utilization performance evaluationsystem for industrial land projects shall be established.Land utilization performance evaluation ofindustrial land projects shall be carried out at such stages as capacity achievementevaluation, process evaluation and expiry evaluation respectively.

(I) Responsibledepartments

District Commerce Commissionor Huajing Town, District-Park Cooperation Comprehensive Coordination Office, Riverside Area Development Administrative Committee General Office shall bethe verification entity forland utilization performance evaluation.

(II) Evaluationstandard

Evaluationstandard may not be inferior to the municipal industry standard formulated by Shanghai Municipal Commission of Economy and Informatization, Shanghai Municipal Development and Reform Commission in cooperation with Shanghai Municipal Planning, Land and Resources Administration.

(III) Evaluationcycle

Evaluationcycleshall be set forth in the particular land transfer contract and generally not exceed5 years after the agreed year of capacity achievement by the enterprise concerned.

(IV) Work process ofcapacity achievement, process evaluation, expiry evaluation

At stages like capacity achievementevaluation, process evaluation, orexpiry evaluation, verification entityshall conduct capacity achievementverification within 1 month after the agreed time of project capacity achievement. If the total tax revenue of the project fails to reach the standard provided for in the contract but is not smaller than 80% of the agreed standard,the transferee shall payliquidated damages to capacity achievementverification entity according to a certain proportion of actual difference, and payment ofliquidated damages shall be deemed the transferee having fulfilled this clause.

Specificprocess:

(1)Within the correspondingevaluationtime, the verification entitywillsend the transferee a notice of project industrial operationor capacity achievementevaluation;

(2) The transferee shall, within1 month after receipt of the notice, to submit to the verification entitydocumentaryevidence of project industrial operationor capacity achievement. The failure to do so within the prescribe time limit shall be deemed failure to realize industrial operationor capacity achievementon schedule;

(3) The verification entity shall evaluate and verifydocumentary evidence of project industrial operationor capacity achievementsubmitted by the transferee;

(4) If the verificationresult is that industrial operationor capacity achievementrequirements agreed in the contract are met, the verification entity shallissue the verificationopinions. If the verificationresult is that requirementsagreed in the contract are not met, the transferee shall pay liquidated damagesto the transferoraccording to liability for breach of contract agreed in the contract.

ARTICLE 8 (PROACTIVE EXIT FROM LAND USE RIGHT OF CONSTRUCTION LAND)

Before the agreed commencement date of industrial projector after the agreed date of capacity achievement, if the enterprise is unable to continue development, construction or operation for its own reasons, the transferee may apply for rescission of theland transfer contract. Subject to approval by District Government, District Planning and Land Management Bureau will terminate the contract, take back the construction landuse right, and refund the portion of land transfer fee corresponding to the remaining years according to relevant provisions;the compensation of aboveground buildings/structuresmaybe handled according to the previously agreed methods including residual-value compensation, gratuitous repossession or restoration to original state by the transferee, and be provided for in the land transfer contract.

ARTICLE 9 (FORCED EXIT FROM LAND USE RIGHT OF CONSTRUCTION LAND)

After obtaining the construction land use right,the transferee shall use the landaccording todevelopment and utilization conditions agreed in the contract. In any of the following circumstances, according to contract provisions,District Planning and Land Management Bureau will gratuitously take back the construction landuse right. Compensation of aboveground buildingsmay be handled according to the previously agreed methods including residual-value compensation, gratuitous repossession, or restoration to original state by the transferee,and be provided for in the land transfer contract.

(I) The project fails to be commenced, completed or put into industrial operation on schedule for the enterprise’sown reasons (excluding force majeure), and the maximum time limit agreed in the contract is exceeded.

(II) At capacity achievementevaluation, process evaluationstage, subject to evaluation and verification by District Commerce Commissionor Huajing Town, District-Park Cooperation Comprehensive Coordination Office, or Riverside Area Development Administrative Committee General Office, the project does not meet relevant requirements, and construction landuse right shall be taken back according to contract provisions.

Use of the land causes serious environmental pollution, subject to verification by District Environmental Protection Bureau.

Work process of taking back construction landuse right:

(I) For each violation in use of industrial land within its jurisdiction, the verification entityshall submit an applicationto District Planning and Land Management Bureau for prosecutingthe transferee’sliability for breach of contract,rescinding thecontract, ortaking back constructionland use right.

(II)District Planning and Land Management Bureau will send the transferee a notice of investigation informing the latter of the transferee’s hearing right. If thetransferee applies for a hearing, such hearing shall be organized in accordance with“Regulations on Land and ResourcesHearing”.

(III) Based on investigation and hearing results,District Planning and Land Management Bureau will draw up a scheme of taking back construction landuse right, which is subject to review by District Task Force for Industrial Land Management Coordinationbefore being submitted to District Government for examination and approval.

(IV) Information on constructionland use right to betaken back shall be announced on the website of District Planning and Land Management Bureau for 30 days.

(V)District Planning and Land Management Bureau will, in accordance with the schemeapproved by District Government, issue to the transferee“Decision on Taking back State-owned Construction Land Use Right”, informing the transfereeof its right to apply for reconsideration and file a suit.

(VI) The transferee shall, within 30 days of the date of service of “Decision on Taking back State-owned Construction Land Use Right”, have the real estate ownership certificate deregistered and return the real estate ownership certificate at District Real Estate Trading Center.

(VII) The announcement of taking back construction landuse right will be released on the website of District Planning and Land Management Bureau.

ARTICLE 10 (CONTRACT EXPIRY AND RENEWAL)

Except that the land parcel under this contract has to be taken back for the sake of social public interest, if the transferee needs to continue the use of the land parcel under the land transfer contract after expiration of the useful life agreed in the contract, it shall, no later than one year prior to the expiry of the contract, submit a renewal application tothe transferor.

Before submission of the renewalapplication, the transferee shall apply to the verification entity for comprehensive assessment. If the result of such assessment is that relevant standard is met, District Planning and Land Management Bureau will approve the renewal.

Where District Planning and Land Management Bureauapproves the renewal, the transferee shallgo through transfer, lease and other paid land useformalities, re-sign paid land use contracts including transfer andlease contracts, andpayland use expenses like land transfer fee andrentalaccording to law.

Upon expiration of land transfer period, if the transferee’s renewal application is not approved due to noncompliance with standard based on comprehensive assessmentor for the sake of social public interest, subject to confirmation by District Government, the contract will be terminated and District Planning and Land Management Bureau will gratuitously take back the land use right of construction land. In such case, the transferee shallgo through the deregistration of land use right to construction land and return the State-owned land use certificate according to relevant provisions.

For buildings, structures and appurtenant works already completed within the land parcel, one of the following provisions may apply:

(I)The transferortakes back aboveground buildings, structures andappurtenant works, and compensates the transfereein accordance with the residual value of buildings, structures and appurtenant works within the land parcel at the time of taking them back.

(II) The transferorgratuitously takes back buildings, structures andappurtenant workswithinthe land parcel.

(III) The transferee removes or demolishes aboveground buildings, structures andappurtenant works, and restores the site to the state of leveling.

The disposition of buildings, structures andappurtenant works shall be governed by contract provisions.

ARTICLE 11 (GEOLOGICAL ENVIRONMENTAL PROTECTION OF SOIL AND GROUNDWATER)

Before industrial land transfer, the land reserve center shall carry out geological environmental quality inspection of soil and groundwater. Before industrial land transfer, take-backand at the stage of process evaluation, the owner of land use right to construction landshall carry outgeological environmental quality inspection and evaluation ofsoil and groundwateron industrial land, and relevant inspectionreportswill constitute annexes to theland transfer contract.

In case of serious environmental pollution during industrial land use, subject to verification by District Environmental Protection Bureau andconfirmation by District Government, District Planning and Land Management Bureaumay rescind the contract and gratuitously take back construction landuse right according to contract provisions, and require the owner of construction landuse right to pay for relevant expenses incurred by geological environmental remediation of soil and groundwater on the principle of “whoever pollutes pays”.

In the process of industrial land use, the verification procedure of serious environmental pollution is as follows:

(I)Entrust a qualified environmental inspection institution with soil and groundwater geological environmental quality inspection and evaluation.

(II) Organizeexpert demonstration.

(III) Arrive at verification conclusion based oninspectionresults and expert opinions.

(IV) Report verificationconclusion to Shanghai Environmental Protection Bureaufor record.

ARTICLE 12 (WORK MECHANISM)

District Government will set up District Task Force for Industrial Land Management Coordination, which will be located withinDistrict Leading Group for Land Resources and be responsible for coordinating industrial land management in Xuhui District, and entrust the Office of District Leading Group for Land Resources with specific implementation. Departments including District Development and Reform Commission, District Construction and Communication Commission, District Commerce Commission, District State-owned Assets Supervision and Administration Commission, District Supervision Bureau, District Auditing Bureau, District Finance Bureau, District Planning and Land Management Bureau, District Environmental Protection Bureau, Huajing Town, District-Park Cooperation Comprehensive Coordination Office, and Riverside Area Development Administrative Committee General Office shall be members of the task force andbe responsible for coordinating the work progress of each department and improving guarantee measures. The task force will initially deliberate industry project accessand project indicators including input, output, energy saving andenvironmental protection, verify land utilization performance evaluationresults and devise the schemes of continually using or taking back construction landuse right, and submit relevant schemes to District Leading Group for Land Resourcesor District Government for examination and approval.

ARTICLE 13These Rules shall take effect on September 8, 2014 and remain effective until March 31, 2016.

 

Notice of ��a=��Ʊ-Shanghai Xuhui District People’s Government on Printing and Distributing “Implementation Opinions of Xuhui District People’s Governmenton Acceleratingthe Development of Eldercare Service Industry and Promoting the Construction of Social Eldercare Service System”

 (September 12, 2014)

XuFuFa (2014) No.19

 

All relevant commissions, offices and bureaus of district government, all subdistricts and Huajing Town:

Subject to District Government’s approval, “Implementation Opinions of Xuhui District People’s Governmenton Acceleratingthe Development of Eldercare Service Industry and Promoting the Construction of Social Eldercare Service System” is nowprinted and distributed to you all for your conscientious implementation.

 

Implementation Opinions of Xuhui District People’s Governmenton Acceleratingthe Development of Eldercare Service Industry and Promoting the Construction of Social Eldercare Service System

Xuhui District is a central urban district with serious population aging in Shanghai. Over the years, the District has been actively promoting the development of eldercare service industry with noticeable achievements by centering on the construction of the “9073”eldercare service pattern^①. However, with continual deepening of population aging in Xuhui District, the contradiction of total undersupply of eldercare service remains prominent. By the end of 2013, the population of senior citizens aged 60 and above with Xuhuihousehold register is 254,700, or 27.8% of registered population. The figure is expected to reach 271,100 or 30% of registered population by the end of 2015. The peak of population aging is expected to appear between 2025 and 2030. In order to further carry out “Several Opinions of the State Council on Accelerating the Development of the Eldercare Service Industry” (GuoFa (2013) No.35) and“Implementation Opinions of Shanghai Municipal People’s Governmenton Acceleratingthe Development of Eldercare Service Industry and Promoting the Construction of Social Eldercare Service System” (HuFuFa (2014) No.28), and actively respond to the challenge of deepaging facing Xuhui District in conjunction with “Notice of ��a=��Ʊ-Shanghai Xuhui District People’s Governmenton Printing and Distributing Implementation Opinions on Xuhui District’s Three-Year Action Plan on Eldercare Service” (XuFuFa (2013) No.8),the following implementationopinions are presented on accelerating the development of eldercare service industry and promoting the construction of social eldercare service system.

 

I. GUIDING IDEOLOGY AND BASIC PRINCIPLES

(I)Guiding ideology

We shall obey the guidance of Deng Xiaoping Theory, “Three Represents” Important Thoughtsand the Outlook on Scientific Development, start from the reality of deep aging in Xuhui District, stick to the concept of actively addressing population aging, and give full play to “three roles”, i.e., giving play to the decisive role of market in eldercare service resource allocation, giving play to the leading role of government in guaranteeingbasic eldercare service requirement, andgiving play to the fundamental role of home-based care. We should clarify “three layers”, i.e., provision ofbasic eldercare public service, which shows government duty of “guaranteeing basic needs and providing last resort”;provision ofother public-welfareeldercare service, which generally comes from nonprofit social organizations with government encouragement and support;provide market-based eldercare service, which meets diverse, multi-level eldercare requirements through industrialdevelopment. Through system/mechanismreform and institutional policy innovation, we shall fully stimulate the initiative of market entities andsocial forces inprovidingeldercare service, accelerate the development of eldercare service industry, continually improve Xuhui District’s social eldercare service system, and satisfy senior citizens’ growing demands for multi-level, diverse eldercare service.

(II) Basic principles

1.Improvemarket mechanism andstimulate social vigor. A market environment featuring equal opportunity and fair competition shall be created tostimulate the vigor of various entities and gradually cause social forcesto play a principal part in developing theeldercare service industry. We shall expand theeldercare service market, encourage and supportenterprises and social organizations to provide convenient and reasonably pricedeldercare services and products of various types, supportfamilies andindividuals to shoulder their respective responsibilities, and create an environment where government,society and households all get involved and work hard to promote the development of eldercare service industry.

2. Deepen system reform and strengthen practice innovation. We will break through system mechanismbottleneck, and push forward eldercare service policy innovation, servicesupply model innovation, eldercare guarantee system innovation, and supervisionmode innovation. The “three transitions” of government function will be accelerated, i.e., promoting the transition of basic eldercare service supply towarda combination of government direct provision and government purchase ofservices, the transition of basic eldercare service subsidy to a combination of subsidizing purchasers and subsidizing providers, and the transition of government-priced  eldercare institutionsto comprehensive consideration of cost and guarantee objects’ bearing capability, and the supply mechanism incorporating three layers of eldercare service will be gradually formed.

3. Persist in guaranteeing basic needs and attach importance to coordinated development. The government will comprehensively guarantee basic eldercare service requirements and make sure everyone is entitled to basic eldercare service. We will coordinate home-basedeldercare, institutional eldercare and other various forms of eldercare to form a reasonable echelon;coordinate resource gaps between southern and northern areas, and promote abalanced developmentof basic eldercare service;coordinate eldercare service, medical service and other professional services, to realize reasonable division of work and organic combination;coordinate various government policymeasures on eldercare service to form a resultant force ofpolicies.

 

II. MAIN OBJECTIVES

By 2020, a social eldercare service system integrating “five systems” including eldercare service supply system, guarantee system, policy support system, requirementevaluationsystem and industry supervisionsystem will be comprehensively completed, and multi-leveleldercare service requirements will be further satisfied.According to aging work guideline of“erecting platforms, establishing mechanisms, formingpossibilities, guaranteeing basic needs, stimulatingmarket, implementing supervision”, the aging work management servicenetwork system^②“three transverse lines, three longitudinal lines, two cross lines” will come into being. Livable communities for senior citizens will be comprehensively constructed to effectively improve the levels of communities tailored forsenior citizens in five aspects, namely beautiful environment, comfortable residence, complete facilities, consummate service, civilization and harmony.

Eldercare service pattern continues to be deepened. Wewill further improve the eldercare service pattern with home-based care as the foundation,communities as the backing, and institutions as the support. We will support integrated development of community eldercare service projects, service facilities andserviceinstitutions oriented toward home-based eldercare, and provide homeboundsenior citizens with variousservices including life care, medical care, spiritual consolation, emergency rescue, cultural education, sports and entertainment with the help of “99ga eldercare service information platform”, and home-based eldercare “smart management ”^③construction and throughnetworkcoverage and intelligent application.Various eldercare institutions will provide multi-levelinstitutional eldercare services, and the number of eldercare beds shall be not smaller than2.5% ofelderly population with local household register in our district^④. For community home-based eldercare facilities (i.e., senior citizensday care centers and dining service points), floor area shall be 40m2 per 1,000 persons andserviceradius shall be preferably less than 1,000m.

Eldercare service public facilities will be well developed. Eldercare public resources will be synchronized with urban construction. Communities will be built with accessible pathways, and there shall be all kinds of living serviceoutlets with a radius of 15 minutes’ walk of senior citizens.Communities shall provide and maintain various types of community information service facilities. Standardized community senior citizen schools shall cover all subdistricts and townsacross the District, and cultural and sports service facilities including senior citizen activity rooms, teaching points of senior citizen schools, and fitness points shall coverall residents’ committees. Senior citizen friendly community publicfacilities will be provided for senior citizens, and the qualityand utilization efficiency ofcommunity senior citizenservice facilities will be boosted.

Eldercare service industry willdevelop in an all-round way. The eldercare service industrymarket focused on senior citizens’life care, products&articles, health service, sports& fitness, cultural &recreation, financial service, tourism will prosper comprehensively. A number of powerful leading enterprises and a great number of highly innovative small- and medium-sized enterprisesand social organizations will be established, and a number of elder service industry clusters and renowned brands will be developed. We will accelerate the development of eldercare industry in our district and give full play to the role of market forces in the eldercare industry through investment promotion or guiding and encouraging State-owned enterprises affiliated with Xuhui District to engage in the eldercare industry.

Eldercare service development environment will continually improve. Eldercare policiesand supervisionmechanism will be further improved, and policy measures aimed at developing eldercare service industry, including planning, finance, talent, employment, price andgovernment purchase ofservices will be further perfected. Industry standards will befurther normalized, and supervision&evaluationmechanism will be further improved.The social awareness of responding actively to population aging will remarkably improve, and the responsibility of home-based care will be further implemented.Volunteer services for senior citizens will be broadly developed, and the fine tradition of respecting the old, caring for the old andhelping the old will be further carried forward.

 

III. MAIN TASKS

(I)Gradually developa multi-level, diverse eldercare service supply system

1.Improve servicesupply for public eldercare institutions. We will establish an evaluationsystem for admission into public eldercare institutions, improve the waiting mechanism foradmission into public eldercare institutions, andgive priority to the work of guaranteeing basic eldercare service requirementof impoverished, solitary, incapable, senior citizens with advanced age. Through renovation and adjustment of hardwarefacilities, the capability of institutions to admit incapablesenior citizens will be improved and the number of incapablesenior citizens admitted by public eldercare institutions shall account for at least 70% of the number of allsenior citizens admitted there. Through intelligentmanagement andprojectinput, the nursing function of beds ineldercare institutionsbeds shall be gradually boosted and the capability of providing incapablesenior citizens with basic eldercare service shall be enhanced.

2.Improve community home-based care services. We shall, in accordance with “Regulations of Shanghai Municipality on Community Home-based Care Service”, discuss and formulatecommunity home-based care service standards and service items, and establish standard, complete, open and transparent serviceprocesses subject to mutual supervision. We shall, based on the provision of practical and meticulous home-based care service for disadvantaged and solitary senior citizens atadvanced age,integrate, support and foster community eldercare service resources, and adopt the market-based operation mode withlast resort provided by government, to provide menu-type, standardized, professional and normalized service items for senior citizens with relevant requirements across the District.

3.Develop services to support home care. Family members will be encouraged to live together with or close to senior citizens, and they will be also encouraged and assisted to take care of senior citizens, thus intensifying basic support of home-based care. We will implement a family caregiver training program under which professional social organizations including professional medical institutions, community eldercare institutions and senior citizen service societies will provide situational training for family membersor housekeeping personneltaking care of senior citizensfor the purpose ofimproving their professional care-giving abilities and allowing senior citizens to live in familiarenvironment. Eldercare institutions will be encouraged to provide short-term beds for senior citizens and offer “short-break service”  forfamily memberstaking care of their elders. The “aged-friendly”housing renovation^⑤ will be steadily carried out.

(II) Gradually develop a sound eldercare service guarantee system

4.Strengthenplanning and construction of eldercare service facilities. In accordance with Shanghai municipal overall requirement ontotal scale &quantity, deployment and spatial guidance of eldercare facilities in Xuhui District, a special plan on the deployment of eldercarefacilities in Xuhui District will be prepared. The content will cover the “9073”eldercare system and generally involve: institutional eldercare facilitiesproviding life care and professional care for senior citizens with senile dementia or those without self-care ability; community home-based care service facilities provided by communities, such as day care, medical service and senior citizen activity rooms;and retirement housing and communities forsenior citizens under self-care by family members. We will,through construction, purchase, system reform, lease,renovation or merger of facilities, promote the realization of projects, optimize the deployment of eldercare service facilities, and include the deployment of eldercarefacilities in the national economic and social development plan.

5. Intensify policysupport for eldercare service facilities. We will increase subsidies for new eldercare beds, improve the subsidystandard for repair of hardware facilities in eldercare institutions, grant comprehensive liability insurance premium subsidy to eldercare institutions that meet the requirements of “Basic Standards of Shanghai Municipality on Management and Service of Eldercare Institutions”, and encourage each eldercare institution with 100 or more beds to set up medical institutions by giving them one-off establishment charge subsidy.Social forces will be encouraged to integrate and transform industrial buildings, commercial facilities and other utilizable social resources and run eldercare institution chains with certain scales. Non-profit and for-profit eldercare servicefacilities will develop in good order through policyguidance and support.

6.Promote a combination of medical care and eldercare vigorously. We will strengthen planning and guidance, coordinate the setup of medical facilities and eldercare facilities, andpush forward organic connection between medical care and life care for senior citizens. The number of eldercare beds will be increased year by year to alleviate difficult problems including senior citizens’convalescence hospitalization and hospice care. The mechanism of community health servicecenters cooperating with eldercare institutions within corresponding communities will be improved to provide door-to-door basic medical service for senior citizens living in eldercare institutions. We will improve the service level of communities to conduct health management for senior citizens, establish senior citizenhealth archives and offer community health service including health education and consultation. We will perfect the serviceprovision mechanism of family doctors signing contracts with senior citizens and promote the family sickbed construction. We will establish a senior citizenhealth information net, basically realize regional or local senior citizenhealth serviceinformation sharing, and gradually improve the collaborativeservicemechanism between community health servicecenters and the district’s 99ga eldercare service information platform.

7. Promote the development of eldercare service informatization. We will strengthen the management and supervision of “99ga eldercare service information platform”, practically do a good job in the work of offering proactive care and emergency rescue to solitary senior citizens, and improve the positioning and rescue serviceaimed at preventing senior citizens with senile dementia from going astray. The platformwill be assisted to integratevarious types of eldercare service information and serviceresources and to establish access standard and assessment mechanism for back-office serviceorganizations. We willgive play to the role of the platform as serviceorganizer, serviceundertaker, service guarantor, servicesupervisor and service explorer, realize the efficacy upgrade of the platform, expandservicecontent and items, accelerate the cultivation, developmentand connection ofback-office serviceunits, organizations andinstitutions, and foster the establishment of the platform’s “eldercare servicegroup cluster”. The integration of the platform withvarious information terminals will be improved to proactively push all eldercare service items and serviceinformation to the families with senior citizens and let seniorcitizens select service content on their own. We will, built on comprehensive popularization and use of home-based care“smart management” at all subdistricts/towns, integrate this practice with 99ga eldercare service information platform to effectively supervise and manageall eldercare service items and content, improve the efficacy level of home-based care service, and develop “smart eldercare” as a brand and feature of the eldercare service industry in Xuhui District.

8. Strengthen talentcultivation ofeldercare service industry. In conjunction with Xuhui District’s employmentpromotionpolicy, colleges/schools and eldercare institutions will be encouraged to set up eldercare service practice and training bases. We will strengthen professional training of eldercare personnel and give relevant subsidies to qualified practitioners who attend eldercare occupational training and occupational skill testing according to relevant provisions. Post subsidies will be granted to nursing personnel working in eldercare institutions for at least two months. Eldercare institutions will set up professional technical posts, lay a stress on cultivating and introducing people with occupational/practicing qualifications or corresponding professional technical titles/positions (e.g., doctors, nurses, rehabilitation physicians, rehabilitation therapists, andsocial workers),and give them post subsidies. Eldercare institutions will be supervised and urged to actively improve working conditions of eldercare workers, strengthen their labor protection and occupational protection,paysocial insurance expenses including endowment insurance premiums according to law, and establish relatively reasonable compensation system and dynamic adjustment mechanism.

9. Foster for-aged service social organizations. We will, with orientation towards senior citizens’requirements, supportandfoster support for-aged service social organizations in various ways to provide diverse for-aged service projects. We will supportautonomous mass organizations to conduct home-based caremutual assistance service, establish a for-aged volunteer service mechanism, continually pursue the “old pals”program where relatively young senior citizens provide household mutual assistance servicefor senior citizens at advanced ages^⑥, popularize the construction of“good-neighbor points” and“hobby rooms”^⑦, and advocate mutual assistance and pair help among neighbors. We will strengthenthe construction of grass-roots senior citizen associations, andsupportsenior citizen mass organizations to carry out self-management, self-service and society-serving activities.

(III) Gradually develop a policy support systememphasizing market role

10.Improvefinancial subsidy policies includinggovernment purchase of service. We willimprove relevantpolicies on government purchased eldercare services, and supporteldercare service social organizations to participate inoperationmanagement of eldercare institutions and community eldercare services. Through “Enjoy Old Age Plan”^⑧, government subsidies will be intensified for providing basic eldercare service for incapable senior citizens at advanced ages whose families  are impoverished and have no ability to take care of them. We will actively explore and promote the financial subsidy policyand mechanism of subsidizing the purchasers of basic eldercare service. We will encouragesenior citizens to choose appropriate and economical eldercare models, promote fair competition among serviceinstitutions, and improve the utilization rate of beds at eldercare institutions in different areas. More than 60% of publicwelfare fund of welfare lottery will be used to develop the eldercare service industry.

11. Improve land policy supporting the development of eldercare service industry. We will include construction land of service facilities including eldercare institutions in master plan of land utilization and annual land utilizationplan, innovate the supply mode of eldercare resources, and reasonably arrange for land userequirements. Under the preconditions of complying with planning requirement and ensuring safety, idle land for public-welfare facilities may be first adjusted as land for public-welfareeldercare service facilities. Nonprofit eldercare institutions run by private capital are entitled to the same land use policy as available for government-run eldercare institutions. The supply of land used for eldercare via lease will be encouraged to decrease the construction cost of eldercare service facilities. Changing land use conditions (including purpose and floor area ratio) of construction land for eldercare facilities for the purpose of real estate development is strictly prohibited.

(IV) Establish a unified eldercare service evaluationsystem

12. Establish a unifiedeldercare requirementevaluationsystem. Based on the concepts of “providing for the elderly” and “continual care-giving” and with the objective of establishing a long-term eldercare system, we will, in accordance with Shanghai unified standard on elderly care-giving requirementevaluation, integratethe resources of departments including civil affairs, health & family planning andmedical insurance, establish a unified eldercare service information management platform, accept and evaluate senior citizens’care requirement, and conduct serviceconnection, in order to realize reasonable matchbetween basic elderly carerequirement and professional service and promotefair distribution and effective use oflimited eldercare service resources.

13.Establish a unified economicstatus verification system. We willdetermine the standards and conditions for entitlement to government basic eldercare service subsidy on the basis of economic conditions including family assets and income,and gradually explore the model of examining and verifying household economic status of applicants for government basic eldercare service subsidy for senior citizens through various approaches including residents’ economic income checking system. We will formulate the standard for entitlement to government eldercare service subsidy and the government will grant appropriate subsidies to qualified senior citizens for their admission intoeldercare institutions and purchase of services.

(V) Establish a scientific eldercare service industry supervisionsystem

14.Improve qualification management of eldercare service team. In accordance with national occupational classification and occupational standards of care workers includingmedical care and life area personnel, we will do a good job in occupational training and testing of occupations/trades including nursing workers, housekeeping workers andeldercare workers, clarify the career development path of eldercare industry, and accelerate the construction of eldercare service talent team. In accordance with elder people’s special requirements for medical service, we will carry out the training and testing of specialized capabilities of eldercare workers (medical care) to boost practitioners’ eldercare service capabilities.

15. Strengthen classified management and supervision of eldercare facilities. Service charges of eldercare institutions will be tracked and managed in line with their different operators and serviceprovision capabilities, and public eldercare institutions will adopt government pricing or guiding prices.All government departments shall strengthenthe management of elderly related service facilities including senior citizenday care centers, dining pointsandsenior citizenactivity rooms as well as various eldercare institutions. We will establish a supervisory information disclosure system foreldercare institutions and elderly related facilities, and conduct periodical supervision and inspection on their servicequality, operations and use of government subsidy funds.

 

IV. SPECIFIC REQUIREMENTS

(I) Improvework mechanism. Relevant departments across the District shall put the development of eldercare service industryon their important agenda. District Leading Group for Social Eldercare Service System Construction shall further intensifywork coordinationmechanism, periodically analyze the development of eldercare service industry and relevant existing problems, discuss policies and measures on accelerating the development of eldercare service industry, and carefully implement relevant tasks and requirements concerning the development of eldercare service industry.

(II) Relevant departments shall perform their duties properly. District Development and Reform Commission shall include the development of eldercare service industry innational economic and social development planning, and support the construction of eldercare service facilities. District Civil Affairs Bureau shall take the lead in fulfilling the function of business supervision andstrengthen management, business guidance and supervision&inspection. District Finance Bureau shall offer financial guarantee for the development of eldercare service industry through existing fund channels. District Planning and Land Management Bureau shall include construction land of various eldercare service facilities into master plan of land utilization and annual land use plan, and reasonably arrange for land userequirements. District Health and Family Planning Commission shall strengthen functional connection between community eldercare service facilities and community health servicecenters, intensify the radiation of health resources, and realizethe integration of medical care and eldercare. District Education Bureau shall provide learning venues for senior citizens in communities and enrich the education for senior citizens. District Culture Bureau shall organizevarious elderly related organizations and teams to stage colorful cultural and recreational activities and satisfy senior citizens’spiritual and cultural requirements. District Sports Bureau shall within or around communities open outdoor activity venues for senior citizens to take a rest and conduct cultural and sports activities, and encourage senior citizens to utilizepublic space for civilized fitness activities. District Aging Work Officeshall give play to the role of comprehensive coordination andstrengthen relevant supervision and guidance. Departments including public security, fire protection, construction and communication, housing security, human resources and social security, commerce, taxation, tourism, quality supervision, industry and commerce administration, and food and drug administration shall intensify the support and regulation of eldercare service industry according to their respective duties.

(III) Strengthen supervision and inspection. All relevant departments shall strengthen performance assessment ofeldercare service work, and ensure clear division of responsibilities and fulfillment of specific tasks. The aging work evaluation system for all member units of the Working Commission on Aging shall be perfected. District Aging Work Office and District Leading Group for Social Eldercare Service System Construction shall strengthen supervision and inspection over the implementation of the present Opinions and timely report to District Party Committee and District Government.

(IV) Intensify publicity and mobilization.We will broadly publicize traditional virtues of respecting the old, providing for the old,caring for the old, helping the old, and showing filial piety to the old and advanced models on eldercare service, intensifysocial awareness and mental preparedness of responding actively to population aging, and create a good social atmosphere of respecting the old, providing for the old and helping the old. We shall guide and encouragesocial forces toproactively engage in the eldercare service industry, and form a development pattern where government, market, society, families and senior citizens all get involved and exert their utmost efforts.

 

Annexes:

1. Notes

2. Allocation of Main Tasks

Annex 1:

Notes

1)                 “9073”eldercare service pattern: provide complete institutional eldercare service for 3% of all senior citizens, provide community home-based care service supported by government welfare policy for 7% of all senior citizens, and provide socialized community service for90% of all senior citizens, who are under self-care at home.

2)                 Aging work management servicenetwork system characterized by “three transverse lines, three longitudinal lines, two cross lines”: “three transverse lines”clarify the functions and responsibilities of the entities of aging work at different levels. To be specific, district-level decision-making layer shall establish organization and communication platforms of eldercare service work in the District; subdistrict execution layer shall establishintegration and allocation platforms ofeldercare service institutions and service teams; residents’ committee collaboration layer shall establish pairing and feedback platforms for eldercare service volunteers;“three longitudinal lines”clarify different servicetypes, service modes and service objects of aging work, i.e., institutional eldercare, home-based care, and community service;“two cross lines”clarify work direction and work methods of eldercare service, i.e., project-based service and information-based service;“intersection points of linked lines” mean that eldercare service work involves “trilateral interaction” among communities, social organizations and social workers, and also involves “three-side cooperation” among government, society andmarket.

3)                 Home-basedcare“smart management”: home-based care“smart management”information service system links senior citizens, serviceproviders and eldercare institutions closely through mobile service terminals and non-contact IC cards. The time of provision of service is recorded in a real-time manner through card swiping. After end of service,senior citizens evaluate eldercare workers’servicequality on the spot and may also pose new service requirements. All such information will be instantly transmitted to the management center for tracking and feedback.

4)                 The number of eldercare beds may not be smaller than2.5%of elderly population with local household register: According to “9073”eldercare service pattern, complete institutional eldercare service shall be provided for 3% of all senior citizens. For Xuhui District as a central district, the number of eldercare beds may not be smaller than2.5% of allsenior citizens in the district.

5)                 “aged-friendly”housing renovation: Through professionalmanagement and operation of social organizations, households of senior citizens with minimum living security in Xuhui District will be provided withhousing renovation on residential safety and accessible facilities so as to improve residential conditions of those senior citizens and reduce the occurrence of accidents like fall, fire and gas poisoning. Meanwhile, this program builds a supportnetwork of community care for those disadvantaged senior citizens, and also provides a platform for salaried workers to repay the society and forvolunteers to take part in social service.

6)                 “Old Pals”planprogram: Under the mode of pairing for mutual assistance, relatively young senior volunteers provide family mutual-assistance service for senior citizensat advanced ages. The program is themed on “healthylifestyle” and generally involves family care and living assistance service on prevention of senile dementia, health knowledge andspiritual consolation for the purpose of preventing or reducing risks, increasing living quality and promoting social interaction of senior citizens at advanced age.

7)                 “good-neighbor points”, “hobby rooms”: Families of warmhearted senior citizens with good housing conditions offer community senior citizens venues for living assistance, emotional exchange, learning and recreation.

8)                 “Enjoy Old Age Plan”: A trial measure of Xuhui District on offering government subsidies to impoverished senior citizens who reach advanced age and suffer from senile dementia and whose families have no ability to take care of them, whose objective is to gradually causeXuhui Districteconomically disadvantaged senior citizens at advanced age, without living self-care ability and their families unable to take care of them to accept basic eldercare service and spend their old age smoothly with government subsidy.

Annex 2:

Allocation of Main Tasks

 

 

 

Notice of ��a=��Ʊ-Shanghai Xuhui District People’s Government General Officeon Forwarding“Implementation Opinions of Xuhui District on Further Strengthening the Rectification of Illegal Passenger Transport”formulated by Departments including District Construction and Communication Commission

 (July 18, 2014)

XuFuBanFa (2014) No.15

All relevant commissions, offices and bureaus of district government, all subdistricts, Huajing Town and all relevant units:

Subject to District Government’s approval, “Implementation Opinions of Xuhui District on Further Strengthening the Rectification of Illegal Passenger Transport”formulated by District Construction and Communication Commission and District Public Security Bureau is now forwarded to you all for your conscientious implementation.

 

Implementation Opinions of Xuhui District on Further Strengthening the Rectification of Illegal Passenger Transport

In order to maintain social and public orderof Xuhui District, guarantee normal transport operation and social harmony&stability, and protect lawful rights and interests of lawful operators and the masses, according tounified deployment and requirementsof Shanghai Party Committee and Shanghai Municipal Government, the implementation opinions of Xuhui District on further strengthening the rectification of illegal passenger transport are presented as follows:

 

I. GUIDING IDEOLOGY

Carefully implement the requirements of Shanghai Party Committee and Shanghai municipal government, according to the overall principle of“overall municipal planning, territorial management, transport department taking the lead, departmentlinkage, combination of channeling off and walling up, long-term control” and the working guideline of“improving mechanism, comprehensive control, giving prominence to key points, supervising according to law”, intensify the rectification of major illegal acts in major areas during major time periods andintensify the crackdown on various illegal passenger transportactivities in order to forcefullymaintain transport operation order and social public safety, and make sure urban safetyoperation.

 

II. WORK OBJECTIVES

Through departmentlinkage and strict law enforcement, conduct crackdown and rectificationstage by stageaccording to plan,and basically eliminate the phenomenon of illegal passengertransport at major areas, such as major areas within Inner Ring, main transfer points of metro linesand South Shanghai Railway Station traffic hub within Xuhui District. Gradually establish and improve a long-term supervisionmechanism, realize territorialmanagement by District Government and joint-duty linkagelaw enforcement by relevant departments, and realize effective establishment and efficient operation of a long-term rectification mechanismagainst illegal passenger transport, and thus ensure normal &orderly traffic order, good operational environment of passenger transport market, and harmonious &stablesocial public order.

 

III. BASIC PRINCIPLES

(I) Crackdown focus

1.Ensurethe order ofmajor areas. With respect to major areas of illegal passenger transportacross the District(refer to Annex 1), resolutely take effective measures, carry out centralized crackdown and centralized controlstage by stage and with specific emphases to effectively improve  and reverse the ongoing pervasive trend of illegal passenger transport at major areas.

2.Crackdown on serious illegal acts. Lay a stress on the crackdown of four types of illegal acts: illegal passenger transport groups monopolizing the market through collusion, obstruction of law enforcement or violent defiance to law enforcement, and other illegal, criminal acts;“clone taxi” and production & sale of fake licenses, sale of illegally assembled vehicles and scrapped vehicles, and other relevant illegal criminal acts;four-wheel motor vehicles illegal parking, illegal passenger transport and other acts of disturbing public order;illegal traffic acts including “five types of vehicles” (vehicles for the disabled, two-wheel motorcycles, three-wheel motorcycles, electric bicycles, electric tricycles) illegal driving on the road, illegal passenger transport, driving without license plate, driving with fake licenses, copied licenses, illegal modification, and driving of vehicles for the disabled by persons other than those with disability of lower limbs.

(II) Comprehensive control

According to the principle of combination of channeling off and walling up and comprehensive control, resolutely crackdown on illegal passenger transport according to law on the basis of continually improve public transport supporting facilities, increasing effective supply of public transport, and effectively squeezing room for survival of illegal passenger transport. Spare no efforts to rectify illegal passenger transport through multi-party linkage, enhancement of resultant force, joint-duty linkage by departments including public security, traffic and city administration and close cooperation from District Comprehensive Administration Office and District Legislative Affairs Office.

(III) Long-term supervision

According to the requirement of innovating social management, with a view to establishing a long-term mechanism in terms of system, mechanism and legislation,integrate key links including leveraginglegal resources, improving joint-duty linkage, establishing source monitoringandintensifying public opinions&publicity, and create a working pattern of the whole district exerting its utmost efforts to crack down on illegal passenger transport according to law.

 

IV. ORGANIZATIONAL FRAMEWORK AND DIVISION OF RESPONSIBILITY

Xuhui District will set up the District Joint Meeting on Rectifying Transport Market Order and Standardizing Transport Administrative Law Enforcement (hereinafter referred to as “Joint Meeting”). Deputy district mayor in charge shall serve as the corresponding convener of Joint Meeting, director of District Construction and Communication Commission and director of District Public Security Bureau in charge shall serve as conveners, and all relevant commissions, offices and bureaus of district government, all subdistricts and Huajing Town shall be member units. Joint Meeting Office will be set at District Construction and Communication Commission. Director of District Construction and Communication Commission will serve as director of the Office, and head of Traffic Police Detachment under District Public Security Bureau will serve as executive deputy director of the Office. All member units will take the following responsibilities:

District Joint Meeting Office: analyze, study and judge the overall situation of across the work of rectifying illegal passenger transport across the District, lead the formulation of overall plan onwork promotion, andwork with relevant municipal and district-level departments to establish and improve the linkagelaw enforcementmechanism;actively coordinate relevant district-level departments, units and subdistricts (towns) to implement all tasks;be responsible to optimize the deployment of public transport lines and networks, and work hard to address the problem of public transport connection between residential communitiesand metro stations, public transport hubs and large commercial outlets.

District Public Security Bureau: Participate in daily routines ofJoint Meeting Office;assist District Construction and Communication Commission to formulate an overall plan onfacilitating the rectification work, and to improve the linkagelaw enforcementmechanism and crackdown on various illegal passenger transportacts.

District Comprehensive Administration Office: Include the control of illegal passenger transportby member units of Joint Meeting in the assessment of comprehensive control of public security according to the principle of territorial management of comprehensive control of public security.

District Development and Reform Commission: Do a good job in examination and approval of technological prevention projects relating tocontrol ofillegal passenger transport.

District Commerce Commission: Conduct industry regulation on the operation ofsecondhand vehicle trading marketsin the District, or report to higher-level competent authorities.

District Supervision Bureau: Supervise law enforcementacts by various types of law enforcement personnel.

District Justice Bureau: Guide law serviceworkers to offer legal serviceaccording to laws and regulations, do a good job in legal publicity, and provide a good environment for the control of illegal passenger transport.

District Civil Affairs Bureau: Timely implementrelevant relief policies for disadvantaged households eligible for relief policies including minimum living allowance for urban and rural residents, who are identified during control of illegal passenger transport.

District Finance Bureau: Guarantee funds for the control ofillegal passenger transport and work with Institutional Affairs Administration of District Governmentto discuss on intensifying the provision of law enforcementvehicles.

District Tax Bureau: Investigate and punish illegal acts detected during special rectification of illegal passenger transport, illegal purchase and sale of invoices, use of fake invoices and tax evasion.

District Industry and Commerce Administration: Investigate and punishillegal enterprises and stores selling various types of illegal assembled or modified vehiclesand acts of operating without a license.

District Quality and Technical Supervision Bureau: Be responsible to investigate and punish or assist higher-level law enforcementdepartment to investigate and punish illegal enterprises involved in illegal assembly or unauthorized modification of vehicles.

District Office of Letters and Calls: Be responsible to collect complaint letters and calls from urban residents on the control of illegal passenger transport, and do a good job in stability control of letters and calls concerningcontrolwork.

District Legislative Affairs Office: Be responsible to research legal and regulatory issues arising during control of illegal passenger transportprocess, and guide law enforcementinstitutions to conduct rectificationsaccording to relevant regulations.

District Institutional Affairs Administration: Be responsible towork with District Finance Bureau to discuss on intensification of the provision of law enforcementvehicles.

District City Administration Law Enforcement Bureau: Assist inlaw enforcementconcerning control ofillegal passenger transport.

Administration Committee of South Shanghai Railway Station: Lead relevant law enforcementdepartments to take charge of District thecontrol of illegal passenger transport at South Shanghai Railway Station and neighboring areas.

District Disabled Persons’ Association: be responsible for publicity and education for disabled persons, collect and analyze information on disabled persons’ involvement in illegal passenger transport;assist law enforcementdepartments investigate and punish the acts of using vehicles for the disabled for illegal passenger transport.

Allsubdistricts(towns): In collaboration with Joint Meeting Office, take the lead in organizing relevant law enforcementdepartments to take charge of the control of illegal passenger transport within their jurisdiction.

 

V. MAIN TASKS

According to work objective and overall principle ofillegal passenger transportcontrol, push ahead with the implement of “seven major tasks”.

(I)Implement the territorial management mechanism. As the entity responsible for leading the control ofillegal passenger transport within Xuhui District, District Government shall command, organize and coordinate such departments as public security, transport, industry and commerce administration, quality and technical supervision, andlegislative affairsunified to develop a long-term operation mechanismfor comprehensive controlof illegal passenger transport in the District, and practically guarantee that all major works are carried out with practical effect. Firstly, strengthen organizational leadership.District Government shall establish anorganization leadership system on control of illegal passenger transport in which the leader in charge will be the first responsible person. Secondly, determine major supervisionareas. Lead relevant department, give full play to the role of all subdistrictpolice stations, communities,streets, and Administration Committee of South Shanghai Railway Station, comprehensively conduct surveys on illegal passenger transport throughout the district, and determine major supervisionareas ofillegal passenger transport. For major areas, if road conditions permit, gradually accelerate the demarcation of dedicated waiting areas, and meanwhile set up stop and “no parking” signs, marking lines andbarriers and install electronic monitoring devices. Thirdly, formulate comprehensive controlscheme. According to municipal unified arrangement and with reference to the results of surveys on illegal passenger transport in Xuhui District, formulate an overall work scheme on control ofillegal passenger transportand a fixed-supervision scheme for major areas, and be responsible for organizing implementation. Fourthly, include the control work in the assessment of comprehensive control of public security. District Comprehensive Administration Office shall include the control of illegal passenger transport by allJoint Meeting member units in annual assessment ofcomprehensive control of public security.

(II) Establish and improvework mechanism. District Joint Meeting shall be generally held once each quarter. 每半年由The corresponding convener of District Joint Meeting shall convene and organize a summary conference on rectification of illegal passenger transportwithin the whole district every half year. If a temporary meeting is required in special cases, upon proposal of District Joint Meeting Office, the convener(s) ofDistrict Joint Meeting will convene and hold such meeting.

(III) Improve the linkagelaw enforcementmechanism. Establish and improve the joint-duty, linkageand joint law enforcementmechanism among public security, transport, city administration law enforcement and other relevant departments as well as subdistricts (towns) to jointly crack down on various illegal passenger transport acts. Firstly, establish a multi-department joint law enforcement team mechanism for major areas. For major supervisionareas, District Government shall be responsible tolead and organize all relevant departments andsubdistricts (towns) to conduct joint centralized rectifications on a regular basis or from time to time. While District Governmentstrengthenssupervision, district-level departments liketransportandpublic security shall strengthen work guidance and conduct special centralized rectifications on major areaacross the District. District transport, public security and other departments shall, in accordance with the District’s requirement, conduct reinforced joint rectifications for certain areas with serious contradictions.Secondly, explore and establish the daily liaison and linkagelaw enforcementmechanism among relevant departments including public security and urban transportadministrative law enforcement brigade. Hold working conferences on a regular basis, jointly develop illegal passenger transportrectification schemes, and give active cooperation and timely response to rectification campaigns involving joint law enforcement.

(IV) Establish and improve a rectification work guarantee mechanism. District Joint Meeting Office willlead all relevant departments, units and subdistricts/towns to implement fund guarantee forhardware facilities, technological  facilities& equipment, working personnel and work vehicles involved in illegal passenger transportrectification work throughout the district, and report for inclusion of such funds in the district’s annual fiscal budget.

(V) Establish a detection and evidence-collection mechanismfor illegal passenger transport. Under the instruction of relevant municipal departments, lose no time in researching and developing lawful,effective methods of collecting evidence of illegal passenger transportin accordance with legal procedure. According to the requirement of strict check, unified management, periodical training and standard operation, clarify applicable entity, applicable procedures, scope of application and applicable standards of the preemptive detection and evidence collection mechanism, and disclose such information to the society to deter potential violations.

(VI) Boost the supply capacity of public transportservice. Study source controlmeasures through improving the supply capability of public transport. Optimize and adjust the deployment of public transport lines and networks, summarize and popularize such practices “last kilometer” bus, shorten running interval, improve operationmode, try to address the issue of public transport connection between residential communities and metro stations, public transport hubs, and large commercial outlets, provide traffic convenience for citizens and squeeze room for survival of illegal passenger transport.

(VII) Intensifypublic opinions and publicity. Publicize the hazards of illegal passenger transportand the significance of controlwork and create social atmosphere for the controlwork in effective forms including release of government bulletins and press conferences and through many channels including radio & TV, newspaper, Internet and newsletter.In addition, actively report the progress and trend of special work and expose illegal operation acts and typical cases during rectification campaigns. Through publicity, guide the people to reject and report illegal passenger transportacts, and develop a public-opinion atmosphere for active participation in the cause of cracking down on illegal passenger transport and working together to ensure the order of transportmarket.

 

VI. WORK REQUIREMENTS

(I) Improve awareness and clarify responsibility. Acts of illegal passenger transportseriously disturb social order, affect industry stability, infringe on lawful rights and interests of lawful operators and passengers, and are likely to become a key factor for triggering regional and social instability. Therefore, all relevant units of our district must attach great importance to this issue, improve work mechanism, effectively strengthen organization leadership, designate personnel to take charge, conscientiously implementall long-term controlmechanisms and major tasks, practically fulfill the territorial responsibility, and do well in the work of cracking down on illegal passenger transport and regard it as a long-term, important task.

(II) Strengthen linkage and information exchange. All relevant departments andsubdistricts/towns shall proactively step forward and work with other units in concert according to unified municipal arrangement, conscientiously fulfill their duties and intensify law enforcement, and cooperate well on the control work. Meanwhile, they shall strengthen communication and coordination, work closely with one another, timely report relevant information, jointly identify solutions to problems and prevent the phenomenon of buckpassing. All relevant departments andsubdistricts/towns shall strengthen the reporting of work progress and newsletters and practicallydo a good job in preparing their respective basic accounts on the control work of illegal passenger transport.

(III) Conduct strict assessment and intensify actual effect. Give full play to the overall planning and coordinationroleof District Joint Meeting and establish work report system, spot checking and supervision system, periodical inspection and notification system, and responsibilityprosecutionsystem. For areas with problems like lack of best effort oncontrolwork, slow action or prominent contradictions, Joint Meeting Officewill conduct supervision and inspection and issue a circular, and intensify the prosecution of responsibility according to the principle of “whoever is in charge is held liable”. Meanwhile, District Comprehensive Administration Office will deduct certain points in the assessment of comprehensive control of public security by relevant departments.

(IV) Administer by law and enforce laws strictly. Stick to administration by law and standardize law enforcementacts, and pay attention to the protection of lawful rights and interests of people concerned. Based on fair, civilized law enforcement according to law,handle various illegal passenger transport and relevant illegal criminal activities as strictly and quickly as possible. Leverage legal means to handle suspects and their vehicles and effectively deter criminals and violators of this type.

 

Annexes:

1.Major rectification areas of illegal passenger transport in Xuhui District

2. Progress schedule of illegal passenger transportrectification in Xuhui District

Annex1:

Major rectification areas of illegal passenger transport in Xuhui District

 

Annex 2:

Progress schedule of illegal passenger transportrectification in Xuhui District

Work item	Work content and requirements		Progressrequirements	Responsible unit
I. Implement the territorial management mechanism	With respect to major supervision areas of illegal passenger transport in 2014, organize and implement rectification campaigns and carry out long-term supervision measures	Investigate into basic information of illegal passenger transport on a rolling basis, including composition, number, regional distribution and operation model of people engaged in illegal passenger transport	Completed by the end of 2013. The work will be implemented at new major areas in the future	Led by District Joint Meeting, with participation of all relevant departments, units and subdistricts/towns
		For major rectification areas of illegal passenger transport, formulate detailed rectification and nearby-supervision schemes on the principle of “one scheme for one point” and organize the implementation of such schemes	Completed the formulation and facilitation of rectification plan for this year by the end of 2013. The work will be implemented as per annual plan in the future
		Facilitate the demarcation of dedicated waiting places at major areas, including provision of necessary traffic signs, barriers, installation of electronic monitoring devices and designation of personnel responsible for supervision, and strengthen daily supervision	Basic plan completed before the end of July 2014
II. Improve the meeting system	Joint meetings and summary meetings to be convened by the convener(s) of District Joint Meeting on a regular basis		As a rule, joint meeting will be held once each quarter; summary meeting will be held once every half year	District Joint Meeting Office
III. Improve the linkagelaw enforcementmechanism	At the district level, for major supervision areas, District Government will lead the establishment of a multi-department joint law enforcement team mechanism comprising law enforcement personnel from departments including public security, transport, city administration, industry and commerce administration and quality supervision, to form resultant force and deeply carry out the work of joint rectification		Conduct special joint-duty, linkage rectification at major areas throughout the district during major time periods on a regular or irregular basis, at least twice each month	Led by District Joint Meeting, with assistance from District Public Security Bureau, District City Administration Law Enforcement Bureau, District Industry and Commerce Administration, District Quality and Technical Supervision Bureau, and relevant urban transport administrative law enforcement detachments
	At the subdistrict/townlevel, for major supervisionareas, subdistricts (towns) will lead special teams to conduct joint rectification		Organize joint duty, linkage rectification for major areas within their jurisdiction during major time periods, at least twice each month	Led by subdistricts/towns with assistance from their subordinate functional departments
IV.Fund guarantee mechanism	Fund guarantee for hardware facilities, technological facilities& equipment, employees, work vehicles and other issues involved		Included in the district’s annual financial budget	District Joint Meeting Office, relevant function departments
V.Strengthen legislative guarantee	Strengthen legal guarantee for the work of rectifying illegal passenger transport, and put forward specific guiding opinions on methods of evidence collection and verification of illegal passenger transport		End of 2014	Led by District Legislative Affairs Office, with assistance from District Public Security Bureau and relevant urban transport law enforcement detachments and with participation of District Court on invitation
V. Boost the supply capacity of public transport	Optimize and adjust the deployment of public transport lines and networks, summarize and popularize such practices “last kilometer” bus, shorten running interval, improve operationmode, try to address the issue of public transport connection between residential communities and metro stations, public transport hubs, and large commercial outlets		Implemented year by year	Led by District Construction and Communication Commission, with assistance fromall subdistricts/towns
VII. Intensifypublic opinions and publicity	Intensify public opinions and publicity, consolidate legality education, and create a public-opinion atmosphere for participation in crackdown on illegal passenger transport and joint efforts to maintain the order of transport market		Implemented year by year	Led by District Joint Meeting Office, with assistance fromDistrict Information Office andDistrict Justice Bureau