Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387215.shtml
Guiyang municipal urban and rural planning supervision management requirements
(December 19, 2012 Executive meeting of the Guiyang municipal people's Government considered by 19th December 27, 2012 in Guiyang City people's Government promulgated by March 1, 2013) Chapter I General provisions
First to strengthen the supervision and management of construction project planning, specification of urban and rural planning, administrative supervision, and ensure the effective implementation of urban and rural planning, promoting economic and social development, in accordance with the People's Republic of China laws and regulations such as town and country planning Act, combined with the city's actual, these provisions are formulated.
Second, planning, planning, supervision and management in the area, shall comply with this regulation.
This provides by said "planning monitored", is refers to urban and rural planning competent sector in accordance with this level Government provides of duties, law on this area planning district range within of construction activities implementation urban and rural planning legal, and regulations, and regulations provides and the mandatory provides, and standard of situation for supervision check, stop and corrected violations, and by has administrative punishment right of administrative law enforcement sector law investigation violations of administrative law enforcement activities.
The third municipal, district (city and County), the leadership of the people's Governments shall strengthen the monitoring of urban and rural planning, protection of urban and rural planning required to monitor staffing and resources meet the needs of the job.
Fourth of municipal urban planning departments are responsible for the supervision and management of the city's urban and rural planning supervision, planning of its monitoring body should be responsible for the jurisdiction of the district and municipal people's Governments to determine areas of urban and rural planning supervision work.
The County (City) of urban and rural planning authorities are responsible for the area in the supervision and management of urban and rural planning supervision.
City law enforcement agencies on planning management according to the law legal, administrative penalties stipulated in laws and regulations.
Environmental protection, water conservancy, urban management, public safety, fire service, landscaping, housing and urban-rural development, transport, land and other administrative departments and township (town) people's Government shall, in accordance with their respective responsibilities, to coordinate monitoring of the work of urban and rural planning.
Article fifth urban and rural planning supervision shall follow the principles of reasonable and legitimate and fair and open, adhere to the law enforcement and management service and combination of punishment and education counseling, pay attention to social effect.
Chapter II planning and plan implementation monitoring
Article sixth unit of the town and country planning shall obtain a qualification certificate of urban and rural planning, and level of qualification within the urban and rural planning work.
Article seventh unit of the town and country planning the preparation of urban and rural planning as well as planning results as submitted should conform to national, provincial, city, urban and rural planning laws, regulations, rules and standards of urban and rural planning, specification.
Eighth urban planning departments should formulate specific planning and regulation, and stages a daily time tracking construction progress inspections and inspection system, to detect and stop illegal construction.
Units and individuals shall be in accordance with the requirements for planning permission to build, and accept the supervision and inspection of urban planning departments.
Nineth urban planning departments should be focused on the following regional track inspections:
(A) primary and secondary roads, important landscape areas;
(B) around the party and government organizations, schools and key projects;
(C) the inclusion of comprehensive reconstruction of old city reconstruction and city village area;
(D) set by the people's Governments at the corresponding level in other regions.
Article tenth construction units and individuals should be conspicuous at the construction project site contains the main planning urban planning departments with the approval of the specification, the mandatory contents of public notice. Public public notice period for legally-obtained construction project planning permit or rural construction planning permits to construction projects from the date until the date of the completion of the construction project planning accreditation.
Publication in publicity if damaged or lost, the unit or individual shall promptly repair or rework.
Publicity related to State secrets or military secrets and so on, in accordance with the relevant regulations.
11th construction units and individuals shall in the construction projects of the following within 5 working days of the completion of the construction phase, apply to departments of urban and rural planning all phases of planning, testing, examined and passed before the next stages of work:
(A) construction engineering: basic completion, first floor ceiling, standard caps, top Cap phases;
(Ii) individual housing construction: the construction line, basic stages of completion, the top Cap.
12th urban planning departments should be received construction units or individual planning inspection within 5 working days from the date of the application, in accordance with the following provisions of the planned inspection, inspection results and issue planning documents:
(A) on the basis of construction and building implementation;
(B) the construction standards capping layer on the floor after floor of size and shape, housing top cap on the floor size and shape;
(C) the completion of verification inspections, construction project planning indicators, building, infrastructure, supporting public buildings, facades and other building.
All phases of the planning and the result is the construction project and an important basis for individual building meets the planning requirements, is applied for as-built plans necessary to verify the submitted information.
13th construction projects are completed, the construction units and individuals should apply to urban planning departments plan to verify the completion.
Urban and rural planning competent sector should since accepted application of day up 10 a days within, according to province, and city construction engineering completed planning verified of provides for completed planning verified, by verified meet planning conditions of, to applicants issued construction engineering completed planning recognized card; by verified not meet planning conditions of, written told applicants and description reason, and according to urban and rural planning legal, and regulations of about provides requirements units and personal for rectification, rectification meet provides Hou, party can handle construction engineering completed planning recognized procedures.
Within 6 months after the completion of construction projects, the construction unit shall submit the relevant acceptance to departments of urban and rural planning information.
Chapter III supervision and management 14th urban planning departments should strengthen supervision and inspection of the implementation of urban and rural planning.
In the compliance monitoring duties, the right to take the following measures:
(A) requested relevant units and individuals with relevant documents, data and other information on law enforcement matters, and can be inspected and copied according to law;
(B) requiring the relevant units and individuals an explanation and description of the problems involved in oversight matters, and access to the site to carry out the investigation if needed;
(C) correction or suppression of offences against the town and country planning law according to law, rules, regulations and mandatory standards, standards of behavior;
(D) violations of required administrative punishment punishment recommendations in a timely manner transferred to the city's comprehensive law enforcement sanctions;
(E) other supervision and inspection measures to be taken in accordance with law.
Urban planning departments in planning and monitoring are found in violation of other relevant regulations shall be promptly communicated to relevant administrative authorities to investigate and punish.
15th planning planning, examination, inspection and monitoring staff survey to obtain evidence, shall comply with the following requirements:
(A) to obtain qualifications for administrative enforcement;
(B) not less than 2 persons;
(C) to present their administrative documents;
(D) making investigation and interrogation and asked to be questioned signature (seal);
(E) the site inspection and examination shall be notified to the parties, the parties don't show up, 2 or more persons should be invited to witness;
(Vi) making on-site inspection examination, shall set forth the time, place, object, content, and requires the party or witness to signature (seal);
(VII) technical inspection is required or technical evaluation, should be examined by the appropriate qualification (qualification) statutory body for inspection or identification. Urban and rural planning department compliance monitoring responsibilities, relevant units and individuals shall actively cooperate with and shall not unreasonably refuse, obstruct.
For failure to produce documents of administrative enforcement, relevant units and individuals have the right to refuse to accept testing and inspection.
16th planning supervision staff supervision and inspection of construction projects with themselves and their close relatives have a stake or if there are other relationships may affect the fair, shall voluntarily withdraw. Parties believe that the planned monitoring staff of the circumstances prescribed in the preceding paragraph, to urban and rural planning authorities can request their withdrawal.
Town and country planning department shall, within 2 working days to make a decision on whether to agree to avoid.
Article 17th planning monitoring personnel performing their duties shall not be any of the following acts:
(A) impede the unit under inspection and the normal order of production and management;
(B) the violation of personal rights and other legal rights of the parties;
(C) the violation of procedure, ultra vires;
(D) embezzlement, misappropriation, unauthorized partition of confiscated property;
(E) used his position to take bribes or to gain other improper interests;
(Vi) defeat the ends of Justice involved in the inspected unit or individual arrangements for law enforcement activities;
(G) disclose the name of the source, place of work, home addresses and other relevant information;
(VIII) other violations.
Article 18th urban and Rural Planning Department and city law enforcement authorities should establish an implementation plan management laws, regulations, administrative penalties stipulated in regulations coordination mechanisms to ensure timely investigate and punish violations.
City law enforcement departments would violate planning laws, regulations, rules and regulations violations investigated in writing inform urban planning departments.
19th no units and individuals in violation of the provisions of the town planning violations are entitled to complain to the authorities, he added.
Town and country planning department and city law enforcement authorities should publicize the complaint, telephone hotlines, complaint and report in a timely manner and dealt with according to law the offence of breach of planning regulations.
The fourth chapter penalty
20th urban and rural planning unit of illegal urban and rural planning activities, to investigate and punish; no punishment rights violation, report to the higher administrative authorities dealing with the permission of punishment; losses caused shall bear liability.
21st article not made construction engineering planning license or not according to construction engineering planning license of provides for construction of, ordered stop construction; can take corrected measures elimination on planning implementation of effect of, deadline corrected, at construction engineering cost 5% above 10% following of fine; cannot take corrected measures elimination effect of, deadline demolition, cannot demolition of, law confiscated real or illegal income, can and at construction engineering cost 10% following of fine.
In the Township, the village is not obtained within the planning area rural plan permits or were not in accordance with the planning permit for construction of rural construction, by the township (town) people's Governments shall be ordered to stop construction, rectify; it fails, can be removed.
22nd construction units or individuals not at the construction site set contains the main planning urban planning departments with the approval of the specification, the mandatory content of public, or altering the content of publicity, a rectification; fails, fined not more than 1000 Yuan.
23rd construction units are not within 6 months after the completion of construction projects on urban planning departments to submit information on the acceptance and ordered to remedy; fails to remedy, the fines of between 50,000 yuan and 10,000 yuan.
24th made to stop the construction of the relevant departments or dismantle a decision, construction or fails to remove the party don't stop, instructed relevant departments to take the people's Government at the same level attachment site, torn down and other measures.
25th impede planning, supervisory staff performing official duties according to law violate the administration of public security, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized.
Article 26th in urban and rural planning supervision, the staff negligence, abuse of power, favoritism does not constitute a crime, by their work units or by the competent authorities in accordance with the relevant provisions to deal with it.
The fifth chapter by-laws 27th article of the regulations come into force on March 1, 2013.
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