国际通信设施建设管理规定 Administration of the Construction of International Communications Facilities Provision

e Ministry of Information Industry may do so by employing such methods as organizing experts to evaluate the same， engaging a consulting institution to conduct an appraisal， etc. and shall issue its opinion after preliminary examination or official reply on the basis of such evaluation or appraisal.

　　Article 17　The Ministry of Information Industry shall give its written response to the applicant within 30 working days after its acceptance of an application for preliminary examination， within the industry， of a project for the construction of international communications facilities above the investment limit submitted by the enterprise. If the application fails to pass preliminary examination， the Ministry of Information Industry shall notify the applicant in writing and explain the reason therefor.

　　The Ministry of Information Industry shall give its written response to the applicant within 45 working days after its acceptance of an application for the examination and approval of a project for the construction of international communications facilities not exceeding the investment limit submitted by the enterprise. If it does not grant its approval， it shall notify the applicant in writing and explain the reason therefor.

　　Article 18　While construction of its international communications facilities project is being carried out， the owner shall submit to the supervision， inspection and guidance of the Ministry of Information Industry and the communications administration of the province， autonomous region or municipality directly under the central government where the international communications facilities are being constructed.

　　Article 19　If an agreement for a project for the construction of international communications facilities is executed with a foreign organization or individual or with an organization or individual from the Hong Kong or Macao Special Administrative Region or Taiwan region of China without the examination， approval and consent of the Ministry of Information Industry or if relevant issues are withheld when applying for the preliminary examination or the examinati

on and approval of a project for the construction of international communications facilities， the Ministry of Information Industry will not conduct a preliminary examination of such project or will not examine and approve the same. If the project has already passed preliminary examination， or already been examined and approved， by the Ministry of Information Industry， the Ministry of Information Industry will revoke its original opinion reached after preliminary examination or the approval document. If the project has already been examined， approved and consented to by the State Development Planning Commission or the State Economic and Trade Commission， the Ministry of Information Industry will notify the examination and approval work unit to revoke the approval document. If the project has already been constructed， it may not be operated.

　　Article 20　If international communications facilities are constructed and international communications are engaged in without the approval of the Ministry of Information Industry， the Ministry of Information Industry or the communications administration of the province， autonomous region or municipality directly under the central government will impose penalties pursuant to Article 70 of the PRC， Telecommunications Regulations. If a criminal offence is constituted， legal liability will be pursued in accordance with the law.

　　Article 21　If State personnel engaged in the administration of the construction of international communications facilities violate these Provisions， they will be punished in accordance with Article 79 of the PRC， Telecommunications Regulations.

　　Article 22　The construction of communications facilities for communication with the Hong Kong and Macao Special Administrative Regions and Taiwan region of China will be administered with reference to the administration of the construction of international communications facilities.

　　Article 23　These Provisions shall be implemented as of 1 August 2002

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