Wuhan, Wuhan Municipal People's Government On The Revision Of The Measures For The Control And Investigation Of Illegal Construction Decisions

Original Language Title: 武汉市人民政府关于修改《武汉市控制和查处违法建设办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384527.shtml

Wuhan, Wuhan municipal people's Government on the revision of the measures for the control and investigation of illegal construction decisions

    (August 6, 2012, Wuhan municipal people's Government at the 23rd Executive meeting on November 26, 2012, Wuhan municipal people's Government promulgated as of January 1, 2013, No. 233), Wuhan municipal people's Government decided to control and investigate and deal with illegal construction methods as follows:

    Hubei Province, in the first section increased the Town Planning Ordinance as a legal base.

    Second, the article is changed to:

    "This approach applied to the following areas:

    (A) of riverbank, jianghan, mouth, Hanyang, and Wuchang, qingshan, Hongshan district, Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, Wuhan East Lake ecological tourism scenic spot, and the city zone;

    (B) the caidian Xinzhou district, and Jiang Xia, and Dong XI Hu, and Hannan, and Huang Po, and built-up areas and urban development zone and other areas approved by the municipal people's Government. Illegal construction in these measures refers to lack of construction project planning permit or not in accordance with the provisions of the planning permit of construction engineering construction of buildings, structures or any other facilities.

    ”

    Third, the second paragraph of article is revised as follows: "The district people's Government and the Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, Wuhan East Lake ecological tourism scenic spot, and the city zone management Committee (hereinafter referred to as the district people's Government and the Management Committee), and of the related departments should formulate and perfect the responsibility system of management by objectives, down to every level and the implementation of KPI issued by the city.

    "Four, the sixth paragraph modified as follows: "Housing security, urban management, planning, housing, urban and rural construction, water supply, transportation, gardening, public security, supervision and other departments according to their respective duties, control and investigation of illegal construction work in accordance with law, with the district people's Government and the investigation of illegal construction work of the CMC.

    ”

    Five, to modify the article to:

    "City Department is responsible for law enforcement to investigate and punish failure to obtain construction project planning permit or not in accordance with the provisions of the planning permit of construction engineering building, upon the acceptance of failure in accordance with the provisions of the construction project planning permit for construction or renovation, without approval or failed to approve construction of temporary buildings, structures or any other facilities.

    Water Supplies Department to investigate and punish in levee management scope and lines of illegal construction in the waters of Lakes. Transportation Department to investigate and punish the roads within the control areas on both sides of the illegal construction.

    ”

    Six, the Nineth diyi、er、sikuan amended as follows:

    "The Planning Department is responsible for the illegal construction of construction project planning permit violations for verification, identification, and put forward opinions.

    Housing housing management Department is responsible for investigation and punishment of dangerous building appraisal according to law violations, urged property management service to discourage illegal construction in the residential, urban management enforcement and timely report. Construction of urban and rural construction departments to investigate and punish illegal without qualification in construction and violation of construction quality management of violations.

    ”

    Seven, the 12th article is revised as follows: "The Planning Department should be strengthened to achieve the technical verification of construction project planning permit of construction engineering, strict lines, inspection line, and acceptance of planning and other sectors, found that illegal construction, verification, identification, and put forward opinions, handed over the city administration law enforcement authorities to investigate and punish.

    ”

    Section eight, the 21st is revised as follows: "The law enforcement departments of the city administration found the lack of construction project planning permit for construction of buildings, structures or any other facilities, it shall order the parties to cease immediately violations and dismantle issued decision, order the removal of parties within the prescribed period. Need to be torn down, should announce deadlines for removal of parties. Parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, without dismantling, to law enforcement agencies enforce the city administration dismantled. Torn down before a decision is made, prior written notice should be party to the dismantle decision. Not possible, confiscated according to law, and may also be fined.

    ”

    22nd article nine, be modified to: "Not in accordance with planning permit of construction engineering construction of buildings, structures or any other facilities, verification by the Planning Department found to be unable to take corrective measures to eliminate the impact on the planning and implementation of, the urban management enforcement authority shall order the party to remove the time limit. Need to be torn down, should announce deadlines for removal of parties. Parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, without dismantling, urban management law enforcement departments after the expiry of the statutory time limit can be torn down according to law.

    Torn down before a decision is made, prior written notice should be party to the dismantle decision. Verification by the Planning Department, identified as able to take corrective measures to eliminate the impact of, the urban management enforcement authority shall order correction within the parties, and in accordance with the People's Republic of China town and country planning Act and related laws and regulations impose a fine. Unable to take corrective measures to eliminate the effects of not dismantling, confiscation or illegal income in kind, may be fined.

    ”

    Ten, the 23rd article first to second is revised as follows: "The investigation of an offence by the law enforcement departments of the city administration building, involving violations of land, urban and rural construction, gardening, housing protection housing and so on provided by laws and regulations, shall notify the Department within 2 working days.

    After receipt of the notice, shall, within the scope of their respective duties in accordance with the law, regulations, the prescribed time limit shall be handled in a timely manner, processing result feedback urban management law enforcement. Land planning, urban and rural construction, gardening, housing Housing Department to investigate and punish offences relating to illegal construction, shall, within 2 working days to inform the city administration law enforcement authorities to investigate and punish. Urban management law enforcement shall be dealt with according to law, results feedback to relevant departments.

    ”

    Plenary, the 28th article is revised as follows:

    "In the collective land and houses on State-owned land, no compensation for illegal construction. Split repeatedly or systematic practice of carrying out illegal construction shall be given heavier processing; activities contravening public security management, in accordance with the People's Republic of China public security management punishment law provided for; a suspected crime, transferred to the judicial organs according to law.

    ”

    In article 12, the 36th "planning administrative departments or" deleted.

    38th article 13, be modified to: "CAI Dian, and Jiangxia, and Dong XI Hu, and Hannan, huangpi, Xinzhou district built-up areas and urban development areas and other areas approved by the municipal people's Government of illegal construction in the region of the control and the investigation work, according to the People's Republic of China town and country planning Act and the People's Republic of China land management act and other laws and regulations dealing with, the specific measures shall be formulated by the district people's Government.

    ”

    In addition, after the duty adjustment relates to duties of the Planning Department under the urban management enforcement 15th, 25th was adjusted accordingly, on institutional reform in the Department name change can be modified, and to modify the original words.

    The measures for the control and investigation of illegal construction in Wuhan modified according to this decision, to be announced.

    Report: approach to control and investigate and deal with illegal construction in Wuhan 2012 (revised) (July 25, 2008 municipal 189th order announced on November 6, 2012, Wuhan municipal people's Government to amend control and decided to investigate and deal with illegal construction method of Amendment)

    Chapter I General provisions

    First to strengthen the management of urban and rural planning, Suppress and investigate and deal with illegal construction in a timely manner, to create a good urban environment, according to the People's Republic of China Hubei provincial capital town and country planning Act, the Town Planning Ordinance, the City Planning Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second this approach applies to the following areas:

    (A) of riverbank, jianghan, mouth, Hanyang, and Wuchang, qingshan, Hongshan district, Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, Wuhan East Lake ecological tourism scenic spot, and the city zone;

    (B) the caidian Xinzhou district, and Jiang Xia, and Dong XI Hu, and Hannan, and Huang Po, and built-up areas and urban development zone and other areas approved by the municipal people's Government.

    Illegal construction in these measures refers to lack of construction project planning permit or not in accordance with the provisions of the planning permit of construction engineering construction of buildings, structures or any other facilities.

    Article on illegal construction in the city to control and investigate the implementation of performance management, performance appraisal approaches separately.

    The district people's Government and the Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, Wuhan East Lake ecological tourism scenic spot, and the city zone management Committee (hereinafter referred to as the district people's Government and the Management Committee), and of the related departments should formulate and perfect the responsibility system of management by objectives, down to every level and the implementation of KPI issued by the city. Fourth city and district governments to establish control and investigate and deal with illegal construction work coordination mechanisms, research, regularly informed of overall control of the illegal construction, highlighted problems in the coordinated investigation of illegal construction.

    Coordination Office in the city, urban management enforcement departments, specifically responsible for the Organization, coordination, assessment to control and investigate and deal with illegal construction work.

    Fifth article of the city imposed on illegal construction supervision and management of the district and who is in charge, who is responsible for the principle of focused, controlled sources, quickly disposed of coordinated, accountable according to law, the implementation of comprehensive and effective management.

    Sixth district people's Government and the Management Committee is responsible for the area and organize the implementation of these measures within the scope of management.

    Land and planning, urban management, housing, housing, urban and rural construction, water supply, transportation, gardening, public security, supervision and other departments according to their respective duties, control and investigation of illegal construction work in accordance with law, with the district people's Government and the investigation of illegal construction work of the CMC.

    Agency of the municipal people's Government departments should fully cooperate with the district people's Government and the CMC, within its area of responsibility, control and investigation of illegal construction work.

    Radio, television, newspapers and other news media shall cooperate with the relevant departments to control and investigate and deal with illegal construction of publicity work.
Chapter II responsibilities

    Seventh district people's Government and the CMC is under their jurisdiction and within the scope of management control and investigate and deal with illegal construction work subject, overall organization and leadership of the area and within the scope of management control and investigation of illegal construction work.

    Main duties are:

    (A) clear subdistrict offices, Township people's Government (hereinafter referred to as the street, town) and the relevant departments to control and investigate and deal with illegal construction work responsibilities, determine the area and within the scope of management control and investigate and deal with illegal construction work goals;

    (B) urge streets, towns and their relevant departments to formulate specific inspections and control measures, inspection control work carried out; to find illegal construction, instructed relevant departments according to law to take related measures such as seizure, removal;

    (C) handling the investigation caused by illegal construction affecting social stability and social security issues;

    (D) on the area and within the scope of control units and (village) planning, land management, such as laws, regulations and policies of education;

    (E) the complete control and investigate and deal with illegal construction of city performance goals.

    Article eighth City Department is responsible for law enforcement to investigate and punish failure to obtain construction project planning permit or not in accordance with the provisions of the planning permit of construction engineering building, upon the acceptance of failure in accordance with the provisions of the construction project planning permit for construction or renovation, without approval or failed to approve construction of temporary buildings, structures or any other facilities.

    Water Supplies Department to investigate and punish in levee management scope and lines of illegal construction in the waters of Lakes.

    Transportation Department to investigate and punish the roads within the control areas on both sides of the illegal construction.

    Nineth Planning Department is responsible for the illegal construction of construction project planning permit violations for verification, identification, and put forward opinions.

    Gardening departments investigate and punish illegal occupation of urban parks, green space, green practices such as green square.

    Housing housing management Department is responsible for investigation and punishment of dangerous building appraisal according to law violations, urged property management service to discourage illegal construction in the residential, urban management enforcement and timely report.

    Construction of urban and rural construction departments to investigate and punish illegal without qualification in construction and violation of construction quality management of violations.

    Public security departments are responsible for maintenance of demolishing the illegal building site order, stopping, investigating or hinder State personnel from performing their duties and other illegal behavior.

    Industry and commerce, health, culture, environmental protection and other sectors in the issuance of permits and licences shall be subject to strict audit checks, the use of illegal construction in operation and cannot provide proof of legitimate business use, not be issued the relevant permit, license.

    Water, electricity, gas and other companies in receiving water, electricity, gas and installation application, shall, in accordance with the conditions laid down strict scrutiny, does not provide planning permits, not for installation procedures.

    Tenth administrative fault responsibility investigation supervision Department is responsible for the supervision and inspection of work, greater impact lawful investigation and handling of administrative liability cases, State administrative organs and their staff monitor objects, such as in cases of illegal construction.

    Chapter III inspection

    11th district people's Government and the Administrative Committee shall set up by street, town, community (village) and related inspection network of sector, integration of resources and concerted efforts, improve the efficiency of inspection controls.

    Controlled district people's Government and the Management Committee shall draw up inspection programmes, organizing Street, town, in accordance with section specific delineation of responsibilities and areas of responsibility, classes determine the inspection period and the focus of inspection.

    12th planning departments should be strengthened to achieve the technical verification of construction project planning permit of construction engineering, strict lines, inspection line, and acceptance of planning and other sectors, found that illegal construction, verification, identification, and put forward opinions, handed over the city administration law enforcement authorities to investigate and punish.

    13th city departments shall establish and improve law enforcement of illegal construction inspection system, and the regional focus of the following inspections:

    (A) primary and secondary roads, important landscape areas;

    (B) organs and units, universities and key projects around;

    (C) the inclusion of old city reconstruction and "village in city" comprehensive transformation of areas;

    (D) district people's Government and other areas of the Administrative Committee to determine.

    14th streets, towns should be unit on communities and village to carry out routine inspections, to detect and discourage illegal construction; national priority projects and on the area of "village in city" and incorporated into the reconstruction of old city areas, inspection measures should be developed to implement inspection staff, strengthening inspections of control.

    15th transportation, water supplies, gardening and other related departments shall develop inspection control programmes in their respective scope of management, clear responsibility, responsibility areas, inspection time and the focus of inspection.

    16th staff with responsibility for illegal construction inspections shall comply with the following provisions:

    (A) controlled in accordance with the inspection programme and area inspections, inspection records;

    (B) discovering illegal construction stopped, reports and video, photo or scene investigation and evidence gathering;

    (C) to find the illegal construction, which belongs to the jurisdiction of other departments, and transferred to the relevant department within 2 working days;

    (D) found that pile of building materials of timely registration and tracking and monitoring; found illegal uses of clay bricks, promptly notify the building management according to law.

    17th municipal and district control and investigate and deal with illegal construction Coordination Office shall establish a control and investigation of illegal construction information platform, responsible for collecting, collating and reporting relevant information.

    Units with responsibility for control and investigation of illegal construction, shall cooperate with the control and investigation of illegal construction work for collection of illegal construction in the Office for the coordination, to submit relevant information.

    18th of municipal and district people's Government and its agencies and relevant departments should set up illegal construction reporting system, released telephone, reporting record deal with reporting issues in a timely manner, and to provide feedback on the processing of informers. Any unit and individual have the right to report illegal construction.

    For reporting illegal construction activities, verified, provide appropriate rewards to informants.

    19th on administrative law enforcement reports, assigned by the illegal construction of information verification should be carried out within 1 business day.

    Verified belongs to the mandate of the Department, shall be filed within 2 working days and related control measures in a timely manner. Verified not part of the mandate of the Department, shall, within 2 working days to transfer the case to the relevant Department.

    Accept the case to be transferred to departments shall, within 2 working days of filing and related control measures in a timely manner.

    The fourth chapter disposal

    Article 20th illegal construction found, relevant departments and units should be promptly stopped, quickly dispose of according to law. 21st urban management law enforcement found the lack of construction project planning permit for construction of buildings, structures or any other facilities, it shall order the parties to cease immediately violations and dismantle issued decision, order the removal of parties within the prescribed period. Need to be torn down, should announce deadlines for removal of parties. Parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, without dismantling, to law enforcement agencies enforce the city administration dismantled. Torn down before a decision is made, prior written notice should be party to the dismantle decision.

    Not possible, confiscated according to law, and may also be fined. 22nd on the construction project planning permit is not in accordance with the provisions of article-building buildings, structures or any other facilities, verification by the Planning Department found to be unable to take corrective measures to eliminate the impact on the planning and implementation of, the urban management enforcement authority shall order the party to remove the time limit. Need to be torn down, should announce deadlines for removal of parties. Parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, without dismantling, urban management law enforcement departments after the expiry of the statutory time limit can be torn down according to law.

    Torn down before a decision is made, prior written notice should be party to the dismantle decision. Verification by the Planning Department, identified as able to take corrective measures to eliminate the impact of, the urban management enforcement authority shall order correction within the parties, and in accordance with the People's Republic of China town and country planning Act and related laws and regulations impose a fine.

    Unable to take corrective measures to eliminate the effects of not dismantling, confiscation or illegal income in kind, may be fined. Take corrective action to eliminate the impact on the planning and implementation of planning departments should be strict auditing, the collective views of the triage system and submitted to the municipal people's Government.

    Specific triage approach developed by the City Planning Department, submitted to the municipal people's Government. 23rd investigated by the law enforcement departments of the city administration's illegal construction, involving violations of land, urban and rural construction, gardening, housing protection housing and so on provided by laws and regulations, shall notify the Department within 2 working days.

    After receipt of the notice, shall, within the scope of their respective duties in accordance with the law, regulations, the prescribed time limit shall be handled in a timely manner, processing result feedback urban management law enforcement. Land planning, urban and rural construction, gardening, housing Housing Department to investigate and punish offences relating to illegal construction, shall, within 2 working days to inform the city administration law enforcement authorities to investigate and punish.

    Urban management law enforcement shall be dealt with according to law, results feedback to relevant departments.

    Administrative departments between law enforcement jurisdiction is unclear or in dispute, should be resolved through consultation or approval of the people's Government at the decision.

    Article 24th water works, transportation departments shall, within their respective mandates, in accordance with the measures set forth in 21st and 23rd program, develop solutions, and timely and effective control and investigate and deal with illegal construction.
25th city construction of administrative law enforcement departments shall be ordered to stop illegal construction parties, the party refused to stop construction, sealed by the city administration law enforcement in construction site and, if necessary, notify the electricity and water supply enterprises to stop construction, water.

    26th due to illegal construction accidents, district people's Government and the Administration Committee shall organize and disposed of in a timely manner, and to report to the municipal people's Government and the relevant departments.

    On the investigation and handling of accidents, according to the production safety accident reporting and investigation Ordinance (the State Council order No. 493) regulations.

    27th article in the party split within the time limit, relevant departments should make it clear special track inspection, monitoring, preventing rush.

    Administrative law-enforcement departments against illegal construction in accordance with the compulsory removal of costs borne by the illegal party who refuses to take, torn decisions by administrative law-enforcement departments of people's Court for execution.

    28th in the collective land and houses on State-owned land, no compensation for illegal construction.

    Split repeatedly or systematic practice of carrying out illegal construction shall be given heavier processing; activities contravening public security management, in accordance with the People's Republic of China public security management punishment law provided for; a suspected crime, transferred to the judicial organs according to law.

    The fifth chapter administrative fault responsibility investigation

    29th district people's Government and 4 times within 1 year of the CMC controls and investigate and deal with illegal construction monthly performance appraisal standards, criticized and removed when the performance appraisal rating qualification; the circumstances are serious, held major leadership, in charge of the direction and responsibility of the persons directly responsible.

    30th Street, town and district people's Government and the Department related to the CMC, in the control and investigation of illegal construction of performance appraisal in the following circumstances, accountability in accordance with the following provisions:

    (A) 1 year 2 times monthly performance appraisal over substandard, commandments to leaders talk;

    (B) 3 times over 1 year monthly performance evaluation standards, the unit will be criticized, as well as the main leader, in charge of the leadership to give organizations or warning;

    (C) total of 4 times within 1 year monthly performance appraisal standards, cancel the units performance evaluation of qualifications, to key leaders and leaders given a warning or a demerit.

    31st municipal relevant departments in accordance with this regulation to assist, with the control and investigation of illegal construction work without inspection programme of control and disposal methods, the unit will be criticized; 3 times in 1 year notice of criticism, cancel the units performance evaluation of qualifications that year.

    Municipal Government departments agencies of these measures are not in accordance with the provisions of the receiving district people's Government and the Management Committee of organization, coordination, caused by illegal construction control and ineffective, the unit will be criticized in serious cases, cancel the performance appraisal review qualifications that year, and in accordance with the relevant provisions and procedures to hold the main leader, in charge of the direction and responsibility of the persons directly responsible.

    Article 32nd departments of any of the following acts, executive staff administrative fault responsibility investigation, Wuhan, in accordance with the provisions of the provisional measures, separately or in combination to order written examination, criticism, Cancel when selecting evaluation of qualifications, to withhold bonuses, commandments organizations such as talking; causing serious consequences, demotion and the following administrative sanctions:

    (A) illegal, ultra vires-approval, illegal processing registration or safety appraisal of buildings;

    (B) failing inspections;

    (C) for the illegal construction is not reported or identified in accordance with the reporting, stop, transfer or file processing;

    (D) for illegal construction involves other violations have not been investigated;

    (E) misrepresent, conceal, refusing to report illegal construction information;

    (Vi) other acts of dereliction of duty, abuse.

    To be warned over disposition of personnel, can be removed from the approval or law enforcement positions.

    33rd, illegal construction of administrative liability of people with one of the following acts, shall be given a heavier treatment:

    (A) more than 2 times within 1 years administrative fault should be held accountable;

    (B) interfere with, hinder, doesn't follow through on its investigation of administrative behavior;

    (C) the complainant, accuser, Prosecutor or accountability for personnel to carry out reprisals;

    (D) engages in conduct in the performance of duties or accept a party property, accepted a party Banquet, Parties provided tourism or recreational activities;

    (E) other acts of serious administrative fault.

    34th due to ineffective control and investigate and deal with illegal construction caused serious social impacts or accidents causing loss of life and property, the responsible unit's primary leadership and leaders in accordance with relevant regulations, organizations; the plot of, give a warning, demerit, demerit are serious, demotion, dismissal, expelled.

    35th in the control and investigation of illegal construction of administrative law enforcement activities, water, electricity, gas supply enterprises shall provide collaboration and co-ordination is not provided, the unit will be criticized in serious, disqualify civilization unit selection and accountability for major leaders, in charge of the direction and responsibility of the persons directly responsible.

    36th State organs, organizations, enterprises and institutions staff commit, participate in or cover up illegal construction, impeding the investigation of illegal construction work, managed by the city law enforcement agencies recommendations by their work units, the competent department or administrative supervisory organs in a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    State organs, organizations, enterprises and institutions and the competent department or departments, is not in accordance with the provisions of the preceding paragraph, cancel the unit selection qualifications. 37th the administrative fault responsibility investigation involved herein, in accordance with the staff regulations to manage permissions and administrative sanctions for approval.

    The relevant administrative departments shall, in accordance with their respective responsibilities and administrative rights, responsible for administrative liability of those people administration liability; the suspect, transferred to judicial organs for handling.

    The sixth chapter supplementary articles

    38th article of caidian, Jiangxia, and Dong XI Hu, Hannan, huangpi, Xinzhou district built-up areas and urban development areas and other areas approved by the municipal people's Government of illegal construction in the region of the control and the investigation work, according to the People's Republic of China town and country planning Act and the People's Republic of China land management act and other laws and regulations dealing with, the specific measures shall be formulated by the district people's Government. 39th these measures come into force on January 1, 2013.