Interfered In Construction Field Of The Contravention Act Disciplinary Provisions

Original Language Title: 违反规定插手干预工程建设领域行为处分规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201102/20110200334081.shtml

Interfered in construction field of the contravention Act disciplinary provisions

    (July 8, 2010 wing, and human resources guarantees Department makes 22nd, announced since announced of day up purposes) first article for further promote administrative organ civil servants clean politics, specification engineering construction order, punishment violation provides meddling in intervention engineering construction field behavior, ensure engineering construction project security, and clean, and efficient run, according to People's Republic of China administrative monitored method, and People's Republic of China civil servants method and administrative organ civil servants disposition Ordinance, about legal, and administrative regulations, developed this provides.

    Provisions of this article applicable to civil servants of administrative organs under section above.

    Third article this provides by said violation provides meddling in intervention engineering construction field behavior, is refers to administrative organ civil servants violation legal, and regulations, and regulations or administrative organ of decided, and command, using terms or positions Shang of effect, to related sector, and units or about personnel to specified, and inspired, and hinted, way proposed requirements, effect engineering construction normal carried out or interference normal regulatory, and law enforcement activities of behavior.

    Fourth violation of provisions interfered in construction project decision, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) requirements allowed without the approval of the relevant departments, approval or for the record of building engineering construction projects;

    (B) requires construction without approval, approval or for the record of building engineering construction projects;

    (C) the request for approval or approved violation of industrial policy, development planning, market access standards, and not through energy-saving evaluation and review, approval does not comply with the requirements of environmental impact assessment of construction projects;

    (D) require the relevant departments or in violation of the technical standards and regulations, planning, design, project;

    (E) contravention to meeting or group discussion and decision mode of construction related matters;

    (F) other acts that violate the provisions interfered in construction projects.

    Article fifth violation interfered in construction project tendering and bidding activities, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) request the departments concerned to not tender for engineering construction projects to tender according to law, or law public bidding of construction project inviting bidding;

    (B) requiring the relevant department or unit construction break a project subject to tender according to law, or the guise of confidential projects, emergency rescue and disaster relief, and other special projects on behalf of the Dodge tender;

    (C) specifies a procuratorial Agency for the tenderer to carry out the tender;

    (D) effect of construction projects and bidding qualification determined or bid and the bid results;

    (E) other provisions interfered in construction project tendering and bidding activities.

    Article sixth violation intervention transfer of land use rights, approval of mining rights and, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) requires that departments concerned should be subject to bidding auction of land-use right transfer by, agreement to supply;

    (B) require the relevant departments or units in cooperation development, investment promotion, and historical issues, such as name or using the first project, the first location targeted land and other means of circumventing the bidding auction;

    (C) effect in land bidding, auction activity bidders determine the bidding or auction results;

    (D) land-use right transfer is confirmed, require the violation of provisions to allow relief payment of land transfer tax, and;

    (E) request the departments concerned as such construction projects for policy approval to the land, or do not have to issue construction projects of State-owned land usage certificate conditions of granting of the State-owned land usage certificate;

    (F) requested the departments concerned violations of approval or granting of exploration rights and mining rights;

    (VII) other violations of provisions interfered in the land use rights, approval and assignment of mining rights.

    Article seventh interfered in urban and rural planning and management activities of the contravention, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) request the departments concerned to break the rule change of urban and rural planning;

    (B) require the violation of provisions to allow adjustment of land use, planning and design criteria, such as the volume rate;

    (C) any other urban and rural planning and management activities in violation of regulations intervene.

    Eighth in violation of regulations intervene in real estate development and business activities, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) request the relevant departments agreed not to have a real estate development qualification or qualifications do not match the enterprises engaging in real estate development and business activities;

    (B) request the departments concerned do not meet the conditions of real estate sale development projects with pre-sale permit;

    (C) acceptance or unqualified acceptance of real estate development projects, demanding authorities allow its use;

    (D) any other violation of regulations intervene in real estate development, project identification, planning, construction and marketing.

    Nineth violates provisions interfered in quality supervision in engineering construction and project management, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) required to build units or investigation, design, construction units, such as subcontracting, illegal construction project, or the manufacturers, suppliers, service providers;

    (B) the required test for detection of fraud;

    (C) requires that the project violates provisions of compressed schedule, schedule, resulted in that the quality accidents or serious quality problems;

    (D) to supervise project implementation and quality of the project management process, to exert influence on the administrative supervision departments or agencies led to engineering quality accidents or serious quality problems;

    (E) other provisions interfered in engineering construction and quality supervision and management of the project.

    Article tenth interfered in construction safety of the contravention, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    (A) request the departments concerned do not have the conditions for safe production unit issuing safety licenses;

    (B) on the administrative supervision departments of construction supervision and management of production safety activities influence led to a production safety accident;

    (C) any other acts that violate the regulations interfered in construction safety.

    11th article violates provisions interfered in construction environmental protection work, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) request the departments concerned to reduce the environmental impact evaluation of construction project, split, beyond the approval authority-approval documents for environmental impact assessment;

    (B) the supervision and inspection of environmental protection activities in the relevant administrative regulatory influence, leading to construction projects in the control or prevention of pollution and ecological destruction of facilities cannot be simultaneously with the main works of engineering construction project designed, built and put into use;

    (C) other acts that violate the provisions interfered in construction environmental protection.

    12th in violation of provisions interfered in construction project procurement management and funding arrangements, any of the following circumstances, bribes, to seek personal benefits for themselves or others, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) request the departments concerned violations of the bidding law and relevant provisions of the law on government procurement, procurement;

    (B) request the departments concerned do not meet the budget requirements, project progress needed funds on the construction project, or to meet the budget requirements, project required construction project does not disburse funds in a timely manner;

    (C) any other violation intervention materials procurement and management of funding arrangements.

    13th article has this provides fourth article to 12th article behavior one of, is not bribes bribery, and for himself or others seek self-interest, but to national and people interests and public property caused larger loss, or to this area, and this sector caused serious bad effect of, give demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition.

    14th power or position effects, interfering with the Department to investigate and deal with violations in the construction field, given a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    15th 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, may apply for a review or appeal.
16th had interfered in construction field of the contravention Act 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.

    17th the following persons have the article fourth to 14th among, disciplined in accordance with these provisions:

    (A) is authorized by the laws and regulations of public affairs management functions of the Organization, as well as in the Organization of State administration authorities shall delegate under section above or the equivalent under section staff;

    (B) enterprises, institutions, social groups, appointed by the executive authorities under section or the equivalent under section above.

    Article 18th by the Ministry of supervision, the Ministry of human resources and social security is responsible for the interpretation of these provisions. 19th these provisions come into force on the date of promulgation.