Urban And Rural Planning Unit Quality Management Regulations

Original Language Title: 城乡规划编制单位资质管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371826.shtml

Urban and rural planning unit quality management regulations

    (Released July 2, 2012, Ministry of housing and urban-rural 12th since September 1, 2012) Chapter I General provisions

    The first in order to enhance the management of urban and rural planning unit, specifications of urban and rural planning work, guarantee the quality of urban and rural planning, in accordance with the People's Republic of China Law on urban and rural planning and the People's Republic of China administrative permit law and other laws, these provisions are formulated.

    Article in the People's Republic of China engaged in urban and rural planning unit qualification, implementation of the supervision and management on urban and rural planning unit qualification, these provisions shall apply.

    Article III establishment of urban and rural planning organs shall entrust a qualified level should undertake the specific preparation of urban and rural planning.

    Article fourth of urban and rural planning unit, shall obtain the appropriate level of qualification certificates, and level of qualification in the urban and rural planning body within the scope of the license.

    Article fifth urban planning departments under the State Council is responsible for the qualification of the national unit of the urban and rural planning management.

    Local people's Governments at or above the county level of urban and rural planning, urban and rural planning unit within the Department responsible for the administration of qualification management.

    Chapter II qualifications and standards

    Article sixth unit of the town and country planning qualifications are classified into grade a, b, c.

    Seventh grade a qualification standard unit of the town and country planning:

    (A) it has legal personality;

    (B) the registered capital of not less than 1 million Yuan;

    (Three) professional technicians many Yu 40 people, which has urban and rural planning professional senior technology titles of many Yu 4 people, has other professional senior technology titles of many Yu 4 people (building, and road traffic, and to Drainage Professional the not less than 1 people); has urban and rural planning professional intermediate technology titles of many Yu 8 people, has other professional intermediate technology titles of many Yu 15 people;

    (D) the registered plans Division of not less than 10 people;

    (E) input/output devices of computer graphics and software that meets business requirements;

    (F) the fixed workplace more than 400 square meters, as well as sophisticated technology, quality, financial management system.

    Eighth grade b qualification standard unit of the town and country planning:

    (A) it has legal personality;

    (B) the registered capital of not less than 500,000 yuan;

    (C) professional and technical personnel at least 25 people, many of which have senior professional titles in urban and rural planning for 2 people, with not less than 1, senior engineer, senior architect of not less than 1 person; urban and rural planning of specialized intermediate technical title no less than 5 people, with other specialized intermediate technical title of no fewer than 10 people;

    (D) the registered plans Division of not less than 4 people;

    (E) input/output devices of computer graphics that meet business requirements;

    (F) more than 200 square meters of the fixed place of work, as well as sophisticated technology, quality, financial management system.

    Nineth grade c qualification standard unit of the town and country planning:

    (A) it has legal personality;

    (B) the registered capital of not less than 200,000 yuan;

    (C) professional and technical personnel of no less than 15 people, including urban and rural planning, specialized intermediate technical title no less than 2 people, with other specialized intermediate technical title of no less than 4 people;

    (D) the registered plans Division of not less than 1;

    (E) professional and technical personnel are equipped with computer 80%;

    (F) the fixed workplace more than 100 square meters, as well as sophisticated technology, quality, financial management system.

    Tenth unit of the town and country planning of senior technical personnel registered Planner or age should be under 70 years of age, in which grade-a unit of the town and country planning over the age of 60 senior technical staff or registered planner shall not exceed 4, class b unit of the town and country planning over the age of 60 senior technical staff or registered planners should not exceed 2.

    Other professional and technical personnel of the unit of the town and country planning age should be 60 years of age.

    Institutions of urban and rural planning and preparation of units specializing in urban and rural planning 70% of persons shall not be less than the total number of technicians.

    11th grade-a town and country planning unit take on urban and rural planning business scope is not restricted.

    12th grade b unit of the town and country planning in the country bear the following businesses:

    (A) town status population, 200,000 the following preparation of the master plan;

    (B) the town, place of registered urban and current 1 million population following the preparation of urban planning;

    (C) preparation of the detailed plan;

    (D) the establishment of township and village planning;

    (V) the feasibility study of construction project planning and site selection.

    13th c-level unit of the town and country planning in the country bear the following businesses:

    (A) the town planning (except the county seat town) of the establishment;

    (B) the town, place of registered urban status population and 200,000 related to urban planning and the preparation of controlled detailed planning;

    (C) preparation of detailed construction plans;

    (D) the establishment of township and village planning;

    (V) medium and small feasibility study of construction project planning and site selection.

    14th of provinces, autonomous regions and municipalities urban planning departments may act according to the actual situation, establishment of a specialized unit of the town and village planning qualification, qualification standards and urban planning departments under the State Council for the record.

    Chapter III qualifications application and approval

    15th certificate the applicant shall provide the following documents:

    (A) urban and rural planning unit qualification application form;

    (B) legal personality proof;

    (C) the legal representative or responsible person for technical identification, service documents, certificate of academic certificates, etc;

    (D) professional identification, qualification certificate, certificate of title, a labor contract, proof of social security contributions;

    (E) complete information on urban and rural planning projects;

    (F) evidence of sufficient technical equipment and working places;

    (VII) other proof or information required.

    16th grade a qualification unit of the town and country planning, carried out by the urban planning departments of the State Council. Unit of the town and country planning applications for qualification, shall provide the registered seat of provinces, autonomous regions and municipalities apply urban planning departments.

    The provinces, autonomous regions, municipalities and Rural Planning Department shall from the date of acceptance of the application has finished 20th in the first instance and trial observations and application materials are submitted to the State Council Town and country planning department. Urban planning departments under the State Council shall complete the review within days after accepting the application documents 20th published reviews, publicity to 10th.

    Disagrees with the outcome of the urban and rural planning unit to review, you can make the statement and averment. 17th urban and rural planning unit class b, class c qualification license, registered location by provinces, autonomous regions, municipalities and Rural Planning Department implemented.

    The qualification measures for implementation by the provinces, autonomous regions and municipalities legally determined by the town and country planning department.

    The provinces, autonomous regions, municipalities and rural planning authorities shall take a decision within 30th of, granted the qualification decision urban planning departments under the State Council for the record.

    18th qualification authorities granted approval to permit qualification decision should be announced, the public right of access.

    Article 19th unit of the town and country planning of the initial application, the application qualifications up to the second division.

    Article 20th class b, and class c unit of the town and country planning qualification certificate after the expiration of 2 years, you can apply for a higher level of urban and rural planning unit qualification.

    Article 21st within the validity of the qualification certificate, company name, address, registered capital, change of the legal representative, shall be registered in the registration procedures in the 30th after such changes to the original qualification authorities for certificate of qualification procedures.

    Section 22nd certificate changes, the following documents shall be submitted:

    (A) the certificate application;

    (B) legal personality proof;

    (C) the original and duplicate copies of the certificate of qualification;

    (D) qualification changes and all supporting material. 23rd urban and rural planning unit merged, acquired or merged to the new.

    Set up unit can inherit the higher qualification levels in the parties prior to the merger, but shall conform to the appropriate level of qualification criteria.

    Separation of urban and rural planning unit and ascertain the level of qualifications, according to the actual conditions of qualification and approval process approved in accordance with this.

    Reform of urban and rural planning unit, no longer meet the standards of qualification after the reform, according to their actual qualifications standard and the application of these provisions again; qualification does not change according to the provisions of article 22nd. Article 24th of urban and rural planning unit includes an original and a copy of the certificate of qualification, in a single original, copy number, uniformly printed by the State Council Town and country planning department, copy of the original and has the same legal effect.

    Certificate is valid for 5 years.

    25th certificate has expired, the unit of the town and country planning needs to extend qualification certificate is valid shall be 3 months before the expiry date of the certificate, apply for qualification continue procedures.

    Within the validity of the qualification certificate of compliance with the relevant laws, rules, regulations, technical standards, and no record of bad behavior in the credit file, meet the qualification standards of urban and rural planning unit, agreed by the qualification authority, is valid for 5 years. Section 26th unit of the town and country planning to receive new certificates, qualification license should return the original certificate to be cancelled.

    Urban and rural planning unit of lost certificates, shall be published in the public media lost after the qualification to apply for a replacement.

    Supervision and administration of the fourth chapter 27th in urban and rural planning unit set up branches, have independent legal personality, in accordance with these provisions shall be applied for certificates.

    Non-independent legal institutions, not on behalf of the branch contracting business.
28th more urban and rural planning unit to prepare urban and rural planning, higher level of qualification of the party establishment is responsible for the quality of the outcome.

    Article 29th plan submitted by the development of the urban and rural planning and results shall comply with the relevant national laws, rules and regulations of the urban and rural planning, compliance with standards and specifications associated with the urban and rural planning.

    Outcome of the urban and rural planning unit of urban and rural planning should be indicated at the title page of file unit level of qualification and certificate number.

    Article 30th qualification authority according to law on urban and rural planning unit to carry out the necessary checks, and to take the following measures:

    (A) request units under inspection to provide certificate on his certificate, registration certificates, academic certificates, proof of social security, outcome of the urban and rural planning and quality management, records management, financial management and other internal documents of the management system;

    (B) enter into the inspected Unit checked, access to relevant information;

    (C) correct violations of relevant laws and regulations and these regulations and related specifications and standards of behavior.

    Qualification according to law when conducting supervision and inspection, supervision and inspection and processing of the results should be recorded and signed by the supervising personnel filed after.

    31st qualification authority when conducting supervision and inspection, there should be more supervision and inspection personnel will not affect the normal production and operation activities, shall not solicit or accept a unit of property, shall not seek other interests.

    Units and individuals shall assist and cooperate with law the supervision and inspection, and shall not refuse or obstruct.

    Supervising and inspecting authority shall supervise and inspect the results to the public.

    32nd urban and rural planning unit of illegal urban and rural planning activities, violations of local people's Governments at or above the county level urban planning departments should investigate and punish, and illegal facts and results or recommendations in time to inform the unit of the town and country planning permit qualification authority.

    Article 33rd after obtaining the qualification unit of the town and country planning, no longer meets the appropriate qualifications, the original qualification shall be ordered to correct within; fails to change, lower level of qualification or qualification certificates revoked.

    34th under any of the following circumstances, the qualification or its parent bodies, according to the request of the interested party or ex officio, may revoke the qualification unit of the town and country planning:

    (A) the qualification authority who abuses his power, dereliction of duty to grant urban and rural planning unit of qualification;

    (B) in excess of their statutory powers to grant urban and rural planning unit of qualification;

    (C) the violation of legal procedures to grant urban and rural planning unit of qualification;

    (D) to grant to an applicant who does not meet the licensing requirements of urban and rural planning unit of qualification;

    (E) other circumstances may revoke the certificate of qualification according to law.

    35th under any of the following circumstances, qualification unit of the organ shall cancellation of urban and rural planning qualification, and announce its qualification certificate revocation, urban and rural planning unit shall promptly return the certificate qualification authority:

    (A) the expiry date of the certificate is not renewed;

    (B) urban and rural planning unit terminated according to law;

    (C) the qualification was withdrawn, revoked according to law;

    (D) laws and regulations should be written off qualification in other circumstances.

    36th unit of the urban and rural planning should be in accordance with the relevant provisions, to permit qualification authority to provide true, accurate and complete credit file information. Credit file unit of the town and country planning should include basic information, performance, contract compliance, and so on.

    Complaints and processing, administrative punishments should be credited to their credit files as bad behavior.

    Urban and rural planning unit of credit file information to the public in accordance with the relevant provisions.

    The fifth chapter legal liability

    37th claimant to hide relevant information or provides false information to apply for urban and rural planning unit qualification of inadmissible or refusing to license, and given a warning, the applicant allowed to re-apply within 1 unit of the town and country planning qualification.

    Through deception, bribery or other improper means to obtain qualification certificates of the urban and rural planning unit, local people's Governments at or above the county level urban planning departments to a fine of 30,000 yuan, within 3 years of the applicant may not apply again for town and country planning unit of qualification.

    Article 38th alter, resell, rent, lend or in any other form of illegal transfer of certificate of qualification, local people's Governments at or above the county level urban planning departments in a warning, rectification, and a fine of 30,000 yuan; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    39th urban and rural planning unit has one of the following acts, the local city and county governments and Rural Planning Department a rectification, planning charge 1 time times the contract more than twice times the penalty in serious cases, to order the rectification, lower qualification levels or by the original qualification authorities revoked the certificate of qualification; losses caused shall bear liability for:

    (A) urban and rural planning beyond the qualification license contract work;

    (B) in violation of the relevant standards of urban and rural planning.

    Failing to obtain a qualification certificate forwarding the work of urban and rural planning, urban and rural planning departments by local people's Governments at or above the county level shall be ordered to desist from the illegal act, in accordance with the provisions of the preceding paragraph shall impose fines loss shall bear liability.

    Obtained by deception forwarders certificate of urban and rural planning work, the original licensing authority shall revoke the certificate of qualification, in accordance with the provisions of the first paragraph of this article shall impose fines loss shall bear liability.

    40th of urban and rural planning unit of credit file information is not provided in accordance with the requirements of this provision, by the local people's Governments at or above the county level urban planning departments in a warning, rectification; fails to mend, to a fine of less than 1000 Yuan and 10,000 yuan.

    41st urban planning departments and their staff, in violation of these provisions, any of the following circumstances, by a higher administrative authority or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) an applicant who does not meet the requirements to grant urban and rural planning unit of qualification;

    (B) no unit of the town and country planning for qualified applicant qualification or licensing decision is not made within the statutory time limit granted;

    (Iii) to meet the requirements of the application as inadmissible or do not complete the trial within the statutory time limit;

    (D) the convenience of taking advantage of his position and accept other person's property or other benefits;

    (V) does not perform its oversight duties or oversight, causing serious consequences.

    The sixth chapter supplementary articles

    42nd unit of the foreign-invested enterprise applies for urban and rural planning certificates, application of the provisions on the administration of foreign-invested urban planning service enterprises (Ministry of construction, the Ministry of foreign trade and economic cooperation, the 116th). 43rd article of the regulations come into force on September 1, 2012, the original unit of the Ministry of construction released January 23, 2001, the town planning qualification management regulation (Ministry of construction, 84th) repealed simultaneously.