Urban And Rural Planning Violation Sanctions

Original Language Title: 城乡规划违法违纪行为处分办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385426.shtml

Urban and rural planning violation sanctions

    (December 3, 2012 wing, and human resources and Social Security Department, and housing and urban and rural construction makes 29th, announced since January 1, 2013 up purposes) first article to strengthening urban and rural planning management, punishment urban and rural planning illegal disciplinary behavior, according to People's Republic of China urban and rural planning method, and People's Republic of China administrative monitored method, and People's Republic of China civil servants method, and administrative organ civil servants disposition Ordinance and the other about legal, and administrative regulations, developed this approach. Article urban planning violations of responsible leadership in the unit personnel and persons, as well as rural and urban planning violations of individuals shall bear disciplinary liability.

    Belonging to the following persons (hereinafter referred to as relevant persons), by appointment and removal or organs in accordance with administrative privileges shall be subject to punishment:

    (A) civil servants of administrative organs;

    (B) legal and authorized rights to public affairs staff corporate management functions of the Organization;

    (C) the State administration authorities shall delegate the conduct of public affairs in the management activities of the Organization in public service personnel;

    (D) enterprises, mass organizations of persons appointed by the Executive.

    Staff in public institutions there is the urban planning violations as provided herein, in accordance with the implementation of the provisional regulations on the punishment of staff in public institutions.

    Laws, administrative regulations and decisions of the State Council and the State Council supervisory organs, the disposition of human resources and Social Security Department of the State Council regulations on urban and rural planning violation penalty otherwise provided, from its provisions.

    Thirdly, the local people's Government with one of the following acts, on their responsibilities to give a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) shall be drawn up in accordance with law is not prepared by the urban and rural planning;

    (B) not complying with the statutory procedures for the preparation, approval, modification of urban and rural planning.

    Article fourth of the local people's Government at one of the following acts, to the responsibilities to be given a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) to develop or to make urban and rural planning laws, regulations and rules and relevant State provisions or decisions incompatible file, resulting in negative consequences or higher authority, pointed out that the relevant departments are still not correct;

    (B) in the overall urban planning, defined in the General Plan of the town-building land beyond the establishment of development zones and urban areas;

    (C) violation of scenic spot planning and set up various development zones in scenic areas;

    (Iv) in violation of regulations to meetings or brainstorming to determine does not meet the requirements of urban and rural planning authorities granted planning permission for urban and rural planning construction projects.

    Article fifth local government and urban planning departments delegate does not have the appropriate level of qualification of units of urban and rural planning, for responsibilities to be given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.

    Sixth regional people's Governments and their competent authorities staff, terms of reference or the convenience of duty, to seek personal benefits for themselves or others, any of the following acts, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the breach of statutory controlled detailed planning of program interventions and modifications, or tampering of controlled detailed planning;

    (B) provides for the adjustment of land use violations and volume rate issued by the planning conditions, planning permission or without changing the content of the planning permission;

    (C) in violation of regulations to punish the illegal construction to lower the standard, or should be legally dismantled illegal buildings are not demolished.

    Article seventh Township people's Governments or local governments responsible for urban and rural planning supervision and inspection functions of the Department and its staff have one of the following acts, on their responsibilities to give a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) found to obtain planning permission or breach of planning permission in the planning area is not investigated in the construction of, or upon receipt of the report not dealt with according to law;

    (B) in the process of planning and management, due to severe irresponsibility causes losses to the interests of.

    Eighth regional people's Government urban planning departments and staff in State-owned construction land transfer contract signed, provides for the adjustment of land use violations, volume planning conditions and responsibilities to be given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.

    Nineth urban planning departments of the local people and their staff of any of the following acts, related to the responsibilities given warning; if the heavier, given demerits or demerit in serious cases, demoted:

    (A) failing to found detailed construction planning, construction engineering design master plan to be published;

    (B) without consultation with stakeholders within the planning area, and agreed to amend the detailed construction plans, construction general layout design scheme.

    Tenth local people's Governments at or above the county level shall urban planning departments and their staff, or by provinces, autonomous regions and municipalities established Township people's Governments and their staff of any of the following acts, to the responsibilities to be given a warning or a demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) the breach of condition of planning construction land use planning permits, construction project planning permit;

    (B) overstepping or to an applicant who does not meet the statutory requirements issued by the selection report, planning permit for construction, construction project planning permit, rural construction planning permits;

    (C) an applicant who meets the statutory requirements not be issued to or within the statutory time limits issued by the selection report, planning permit for construction, construction project planning permit, rural construction planning permits;

    (D) violation of planning approval in historic districts, towns, village core within the scope of protection for construction, expansion or violation of regulations approved for migrations, the demolition of historic buildings;

    (E) violation of infrastructure control limits (yellow line), the scope of each green line (green line), limits the scope of protection of historical buildings in historic districts and (purple line), the geographical boundaries of the surface water protection and control (blue line), urban and rural planning compulsory content requirement issued planning permission.

    11th County urban planning departments have not been prepared or requirements that are not in accordance with the master plan of county seat town preparation of controlled detailed planning of county seat town, on their responsibilities to give a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    12th city people's Government urban planning departments have not been prepared or were not in accordance with the requirements of urban master plan preparation of controlled detailed planning of the city, on their responsibilities to give a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    13th, relevant departments of the people's Governments above the county level and their staff with one of the following acts, to the responsibilities to be given a warning or demerit; plot heavy, given a demerit or demoted in serious cases, dismissal:

    (A) selection report for failing to made construction projects construction project approval documents;

    (B) is not identified in the law on State-owned land use right grant contract of planning conditions or changes in State-owned land use right grant contract of planning conditions were determined by law;

    (C) for failing to make the allocated units of the planning permit for construction of State-owned land;

    (D) not in township and village construction land within the planning area rural construction planning permit of construction units or individuals for land approval procedures, resulting in adverse effects.

    14th local people's Governments at or above the county level and their relevant competent authorities violations of scenic spot planning approved hotel in the scenic heart of scenic construction, training centres, hostels, sanatoriums and villas, residential and other structures regardless of the scenic resource protection, demotion or dismissal of the relevant personnel.

    15th in the national scenic area built cable car, cableway and other major construction projects, project location, without housing and urban-rural construction approved by the competent authorities of the State Council, local people's Governments at or above the county level departments without authorization issued by the selection report, for responsibilities to be given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.

    16th construction units and their staff of any of the following acts, to the responsibilities to be given a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) failing to obtain a construction project planning permit, unauthorized construction;

    (B) without the permission of town and country planning department, altering the conditions for planning, design, or not in accordance with the plan required the construction of public facilities and ancillary works;

    (C) forgery, cheating and other illegal means to obtain planning permission procedures of construction project;

    (D) temporary construction without approval or not in accordance with the approved contents, or the temporary buildings and structures in excess of the approved term is not removed;

    (E) violation of famous historical and cultural city, town and village planning in the historical and cultural district, town and village core within the scope of protection, undermining the traditional pattern, historic, or unauthorized construction, extension, demolition of buildings, structures or other facilities;
(F) violation of the core scenic spot planning in famous scenic site Hotels, scenic construction training centres, hostels, sanatoriums and villas, residential and other structures regardless of the scenic resource protection.

    Article 17th disciplined people not satisfied with the decision, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the punishment of civil servants of administrative organs and other relevant provisions of the Ordinance, apply for a review or appeal.

    Article 18th appointment and removal, monitoring bodies and urban planning departments to establish case transfer system. Appointment and removal or organs investigated and dealt with urban and rural planning discipline cases, administrative penalties deemed by the Department of town and country planning, urban and Rural Planning Department shall transfer the relevant case material.

    Urban planning departments should be promptly investigated and dealt with according to law, process the results and notify the appointment and removal or monitor. Urban and rural planning, urban and Rural Planning Department investigated and dealt with the case, that it should be disciplined by the appointment and removal or the supervisory organs shall, after administrative punishment decision or other decisions are made, promptly of any material about the case transferred to the appointment and removal of organs or organs.

    Appointment and removal or organs should be promptly investigated and dealt with according to law, and notify the processing result urban planning departments.

    Article 19th urban planning violations should be given party disciplinary measure, transferred to the party's discipline inspection organs dealt with crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    20th article of the approach by the Ministry of supervision, the Ministry of human resources and social security, the Department of housing and urban-rural construction is responsible for the interpretation. 21st article this way come into force on January 1, 2013.