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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

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Decision of the Government of the Bolivarian Republic of Venezuela on the amendment of the Law on Control and Investigation in the city of Vilhan

(Adopted by the 23rd ordinary meeting of the Government of the Republic of Vavhan on 6 August 2012 No. 233 of 26 November 2012 by Order No. 233 of the Order of the People's Government of Vuhan on 1 January 2013)

The Government of the city has decided to amend the Law on Control and Investigation in the city as follows:

The Rural and Rural Planning Regulations of the North Province of Lake Great Lakes is a legislative basis in article 1.

Amend Article 2 to read as follows:

“The approach applies to the following regions of the city:

(i) New technology development areas in the Lake Giang, Hani, Xang, Vuk, Xang, Huntland, Huntland and Vhan Orientale Lake, the Vilhan Economic Technology Development Zone, the ecological tourism landscape in the city of Eastern Lake and the Vhan Chemical Industrial Zone;

(ii) Janti, summer, East and Lake, Han South, Jebel, New Africa, the establishment of regional and urban development areas and other regions approved by the Government of the city.

This approach refers to buildings, constructions or other facilities that are not granted a licence for construction of engineering planning or that are not constructed in accordance with the construction of engineering planning licences.”

Replace Article 3, paragraph 2, with the following:

“The peoples of each region and the new technology development area of the Lake Vavu East Lake, the Vilhan Economic Technology Development Zone, the ecological tourism landscape of the city, the management committee of the Vhan Chemical Industrial Zone (hereinafter referred to as the People's Government and the Commission), and the relevant municipal authorities should develop and refine the responsibility for the management of the management of the target, slope and implement the performance appraisal objectives of the city.”

Replace Article 6, paragraph 2, with the following:

“The municipalities, planning, housing guarantees, urban and rural construction, water, transport, parking, public safety, inspection, etc., are in accordance with their respective responsibilities, in conformity with the law, in cooperation with the authorities of the region and the Commission for the identification of violations”.

V. Amendment to Article 8 as follows:

“The urban administration law enforcement authorities are responsible for the failure of the construction of engineering planning licences under the law or for the construction of buildings, constructions or other facilities that are not approved or are not temporarily constructed in accordance with the authorization for construction planning.

The water sector is responsible for monitoring the extent of the management of the rivers and for the construction of the law within the lake's waters line.

The transport sector is responsible for the lawful construction of the area of construction control located on the two sides of the road.”

Amendments to article 9, paragraphs 1, II and IV:

“The planning sector is responsible for verification, determination and advice on violations of the law-building planning licence.

The housing security sector is responsible for the commission of offences identified by the law and the supervision of the business industry to discourage the construction of the law in the small area and to report in a timely manner the urban administration law enforcement sector.

The rural and urban construction sector is responsible for the legal recognition of the non-payment of wage quality construction and violations of wage quality management.

Amend Article 12 as follows:

“The planning sector should strengthen the technical verification of construction works that are obtained in the construction of engineering planning permits, tightening the trajectory, test lines, planning tests, etc., finding violations, prompt verification, identification, referral of views to the urban administration of law enforcement authorities”.

Amend Article 21 as follows:

“The urban administration law enforcement authorities should be responsible for the immediate cessation of the violation by the parties of the discovery of buildings, constructions or other facilities that do not have access to the construction of construction planning permits, and for the removal of the decision by the parties within the prescribed time frame. There is a need for forced dismantlement, which should be declared to be dismantled by the parties. In the statutory period, the parties have neither applied for administrative review or for administrative proceedings, nor removed, and the urban administration law enforcement authorities can be dismantled by law. Prior to the decision to forcibly dismantle, the parties should be informed in writing of their deadlines of demolitions. It was not possible to dismantle, forfeiture in kind by law and punishable by punishment.”

Article 22, paragraph 1, was amended to read as follows:

“With regard to buildings, construction or other facilities that have not been established in accordance with the construction of engineering planning permits, the planning sector has verified that corrective measures cannot be taken to eliminate the impact of the planning implementation, and the urban management law enforcement authorities are responsible for dismantling themselves. There is a need for forced dismantlement, which should be declared to be dismantled by the parties. In the statutory period, the parties have neither applied for administrative review or for administrative proceedings, nor removed, and the urban administration law enforcement authorities can be removed by law after the expiry of the statutory period. Prior to the decision to forcibly dismantle, the parties should be informed in writing of their deadlines of demolitions.

Upon verification by the planning sector, it is determined that corrective measures are yet to be taken to eliminate their impact, and that the period of time for the enforcement of the urban administration is being changed and fined in accordance with the provisions of the People's Republic of China Rural Planning Act and the relevant laws, regulations and regulations. It was not possible to adopt corrective measures to eliminate the impact that could not be dismantled, forfeiture in kind or for the proceeds of the conflict, and to impose penalties.

Paragraphs I and II of article 23 were amended to read as follows:

“The urban management law enforcement authorities have established violations of the laws, regulations and regulations relating to land, rural and urban construction, gardening, housing security, and shall inform the relevant sectors within two working days. Upon notification from the relevant sectors, it should be dealt with in a timely manner, in accordance with the legal, legislative and regulatory deadlines, within their respective mandates, to deal with the timely feedback on the urban administration of law enforcement.

Violations committed by the Ministry of Land Planning, Urban and Rural Construction, Parking and Housing Guarantees are governed by the law and should be notified within two working days to the urban administration of law enforcement authorities. The urban management law enforcement authorities should be addressed in a timely manner by law and the results are treated with timely feedback to the relevant sectors.”

Amend article 28 to read as follows:

“In the case of collective land and state-owned land, there is no compensation for the construction of the law.

Violations of the law have been dealt with by law, which constitutes a violation of the laws governing the administration of justice, in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and the transfer of criminal offences to the judiciary.

Delete “planning administrative authorities or” in Article 36.

Amend article 38 to read as follows:

“Antien, Giang, East and Lake, Hannan, Jenan, Horizon, the new continent's establishment of regional and urban development zones and other regions ratified by the Government of the city, in accordance with the provisions of the People's Republic of China Rural Planning Act and the People's Republic of China Land Management Act, the specific approach has been developed by the peoples of each region”.

In addition, the alignment of responsibilities related to the designation of responsibilities in the planning sector in accordance with article 15, article 25, of the urban administration law enforcement branch has been adjusted accordingly, and changes in the name of the department in institutional reform have been made to the original language.

The Vilhan Municipal Control and Investigation Division has been re-published in accordance with this decision.

Annex: The law-building approach in the city of Vilhan (as amended in 2012) (No. 189 of 25 July 2008 by the Government of the People of the city, published in accordance with the Decision of the Government of the city of 6 November 2012.

Chapter I General

Article I, in order to strengthen urban and rural planning management, to put an end to and to establish a good urban environment in the light of the relevant laws, regulations and regulations, such as the People's Republic of China Rural and Urban Planning Act, the Rural and Urban Planning Regulations of the North Lakes Province, and the Regulations on the Urban Planning of the city of Han city.

Article 2

(i) New technology development areas in the Lake Giang, Hani, Xang, Vuk, Xang, Huntland, Huntland and Vhan Orientale Lake, the Vilhan Economic Technology Development Zone, the ecological tourism landscape in the city of Eastern Lake and the Vhan Chemical Industrial Zone;

(ii) Janti, summer, East and Lake, Han South, Jebel, New Africa, the establishment of regional and urban development areas and other regions approved by the Government of the city.

This approach refers to buildings, constructions or other facilities that are not granted a licence for construction of engineering planning or are not constructed in accordance with the construction of engineering planning licences.

Article 3. This city manages performance targets for the control and investigation of the construction of the law, and the methodology for the performance appraisal is further developed.

The Governments of the various districts and the New technologies Development Zone of the Lake Vhan Orientale Lake, the Vilhan Economic Technology Development Zone, the ecological tourist landscape in the city, the management committee of the Vhan Chemical Industrial Zone (hereinafter referred to as the People's Government and the Commission), and the relevant sectors of the city should develop and improve the accountability system for the management of targeted management, stratification and implementation of the performance appraisal targets set in the city.

Article IV establishes a coordination mechanism for the control and investigation of violations, regularly studys, informs the development of integrated governance in conflict with the law and coordinates the salient issues arising from the investigation of violations. The Coordination Office is based in the urban and district urban management enforcement sector, with specific responsibility for organizing, coordinating, conducting research and investigating violations.

Article 5

The Government and the Commission are responsible for organizing this approach within the jurisdiction and management context.

In accordance with their respective responsibilities, the municipalities, land planning, housing security houses, rural and urban construction, water, transport, parking, public safety and inspection services are provided in accordance with the law, in cooperation with the authorities of the region and the Commission.

The institutions of the relevant sectors of the Government of the city should be fully aligned with the people's Government and the Commission, which are responsible for the control and investigation of the construction of the law.

Public information units, such as radio, television, newspapers and newspapers, should be in collaboration with the relevant authorities in the area of monitoring and detection of criminal construction.

Chapter II

Article 7. The Government and the Commission are the main subject of the control and investigation of the unlawful construction work within the jurisdiction and management, with the overall organization of control and investigation activities leading to the establishment of the territory and the administration of the law. The main responsibility is:

(i) Clearance of the responsibility of the street offices, the commune government (hereinafter referred to as streets, townships) and the relevant departments concerned to control and investigate the construction of work in conflict with the law, and to determine the objectives of control and investigation within the jurisdiction and management of the conflicting construction;

(ii) To urge streets, townships and relevant departments concerned to develop specific means of conduct and control, to carry out the conduct of inspections; and to impose relevant measures, such as envelopes, demolitions, in order to detect violations;

(iii) To address issues related to social stability and social security arising from the investigation of violations;

(iv) Advocacy of laws, regulations and policies, such as the planning, land management, for persons within the jurisdiction and administration;

(v) To complete the performance appraisal objective of the control and investigation of the unlawful construction in the city.

Article 8. The urban management law enforcement sector is responsible for the failure of the construction of engineering planning licences under the law or for the construction of construction plans or other facilities that have not been authorized or carried out in accordance with the authorization for construction planning.

The water sector is responsible for monitoring the extent of the management of the rivers and for the construction of the law within the lake's waters line.

The transport sector is responsible for the lawful construction of the area of construction control located on the road side.

Article 9. The planning sector is responsible for verification, determination and advice on violations of the law-building planning licence.

The parking sector is responsible for unlawful occupation of green areas such as urban parks, unit greenfields, green wings, etc. by law.

The housing security sector is responsible for the commission of offences identified by the law and the supervision of the business industry to discourage the construction of the law in the small area and to report in a timely manner the urban administration law enforcement sector.

The rural and urban construction sector is responsible for the involvement of the law in the unlawful construction of wage quality and violations of wage quality management.

The public security sector is responsible for the maintenance of the law-based order for the dismantling of the law and the timely suppression and investigation of violations, such as the legal enforcement of the functions of State organs.

The sectors such as the business, health, culture and environmental protection should be carefully inspected when nuclear licences and licences are issued, operating in the use of unlawful construction and failing to provide proof of use in legitimate operating places, without nuclear licences, licences.

Businesss such as water supply, electricity and gas shall be subject to strict approval in accordance with the conditions set out in the industry and shall not be required to provide the planning licence.

Article 10. The inspection department is responsible for the supervision of the administrative error in order to investigate, in accordance with the law, cases that affect greater administrative misperceptions, State administration and staff members involved in the construction of the law.

Chapter III

Article 11. The Government and the Commission should establish a network of trajectory networks composed of streets, townships, communities (in villages) and relevant departments to integrate resources and develop synergies and enhance the effectiveness of the gateway.

The Government of the communes and the Commission should develop a programme for the conduct of the conduct of the gateway, the organization of a specific delineation of responsibility units and responsibilities in the streets, townships, in accordance with the road, and the subcategories determine the duration and the focus of the inspections.

Article 12. The planning sector should enhance technical verification of construction works obtained for construction planning permits, tightening the range of lines, test lines, planning tests, etc., finding violations, prompt verification, identification, referral of views to the urban administration law enforcement authorities.

Article 13: The urban management law enforcement authorities should establish a system for the sound conduct of investigations into violations and focus on the following regions:

(i) Mains, important landscapes;

(ii) The locations of organs and forces, colleges and priority engineering projects;

(iii) In the area of rehabilitation and integrated rehabilitation of villages in the Old City;

(iv) Other regions identified by the Government and the Committee.

Article 14. Street, commune and village groups should conduct daily patrols, promptly detect and discourage violations of construction, and in areas where national priorities within the jurisdiction and “in the town” and the rehabilitation of the city should be developed, the enforcement of the ombudsman, the enforcement of the ombudsman and the strengthening of the conduct of the gate.

Relevant sectors such as transport, water, parking, etc. should develop, within their respective management, a programme for the conduct of inspection, with clear responsibilities, the area of responsibility, the time of the conduct and the focus of the cruise.

Article 16 Staff members who have the responsibility to carry out the investigation in violation shall comply with the following provisions:

(i) To conduct a mission record in accordance with the time frame and responsibilities set out in the programme;

(ii) Be found to be evidence of the prompt suppression, reporting and intake, photographing or on-site survey of violations;

(iii) The detection of violations, which fall under the jurisdiction of other departments, is transferred to the relevant sectors within two working days;

(iv) Becovering construction materials, registering and monitoring in a timely manner; discovering violations of the use of bricks, and notifying the construction management in a timely manner in accordance with the law.

Article 17: The Office for the Coordination of the Law Enforcement of the Municipal, District Control and Identification Office should establish a information platform for the establishment of the Office for the Control and Investigation of Violations to collect, collate and communicate relevant information.

Units with the responsibility to establish control and conduct investigations in violation of the law should be accompanied by the collection of information on violations by the Office of Coordination for the Control and Investigation of the Office of the Coordination of Criminal Law, and the timely submission of information.

Article 18, the Government of the people of the region and its institutions and relevant departments should establish a system of reporting violations, publish the telephone reporting, provide a record and deal with the reporting issues in a timely manner and report the information feedback.

Any unit or person has the right to report violations of the construction of the law. Reports of violations of construction are valid and are given appropriate incentives.

Article 19 Law enforcement authorities should verify information on violations committed by the mass reporting and by the superior.

The verification is within the purview of this sector and should be made in two working days and in a timely manner in the relevant control measures.

The case should be transferred within two working days to the relevant sector, where verification does not fall within the purview of this sector. The sectors that receive the transfer of cases should be filed within two working days and take relevant measures in a timely manner.

Chapter IV

Article 20 has been discovered that the relevant sectors and units should be stopped in a timely manner and disposed of by law.

Article 21, the urban administration law enforcement authorities should be responsible for the immediate cessation of the violation by the parties of the discovery of buildings, constructions or other facilities for the construction of a licence for construction of engineering planning, and for the removal of the decision by the parties within the specified period. There is a need for forced dismantlement, which should be declared to be dismantled by the parties. In the statutory period, the parties have neither applied for administrative review or for administrative proceedings, nor removed, and the urban administration law enforcement authorities can be dismantled by law. Prior to the decision to forcibly dismantle, the parties should be informed in writing of their deadlines of demolitions. It is not possible to dismantle, forfeiture in kind by law, and can be punished.

Article 2 confirms that buildings, constructions or other facilities that have not been established in accordance with the construction of engineering planning permits, and that the planning sector has verified that corrective measures cannot be taken to eliminate the impact on planning, and that the urban management law enforcement authorities are responsible for dismantling their deadlines. There is a need for forced dismantlement, which should be declared to be dismantled by the parties. In the statutory period, the parties have neither applied for administrative review or for administrative proceedings, nor removed, and the urban administration law enforcement authorities can be removed by law after the expiry of the statutory period. Prior to the decision to forcibly dismantle, the parties should be informed in writing of their deadlines of demolitions.

Upon verification by the planning sector, it is determined that corrective measures are yet to be taken to eliminate their impact, and that the period of time for the enforcement of the urban administration is being changed and fined in accordance with the provisions of the People's Republic of China Rural Planning Act and the relevant laws, regulations and regulations. It was not possible to adopt corrective measures to eliminate the impact that could not be dismantled, forfeiture in kind or for the proceeds of the conflict.

Removal measures should be taken to eliminate the impact on planning implementation, and the planning sector should be carefully reviewed, to establish a system of collective bargaining and to inform the Government of the city. The specific review process was developed by the municipal planning sector and was approved by the Government of the city.

Article 23 of the urban management law enforcement authorities have established violations of the laws, regulations and regulations relating to land, rural and urban construction, gardening, housing security, and should inform the relevant sectors within two working days. Upon notification from the relevant sectors, it should be dealt with in a timely manner, in accordance with the legal, legislative and regulatory deadlines, within their respective mandates, to deal with the timely feedback on the urban administration of law enforcement.

Violations committed by the Ministry of Land Planning, Urban and Rural Construction, Parking and Housing Guarantees are governed by the law and should be notified within two working days to the urban administration of law enforcement authorities. The urban management law enforcement sector should be addressed in a timely manner by law, and the results are addressed to the relevant sectors in a timely manner.

There is no law enforcement jurisdiction or controversy between the administrative law enforcement authorities, which should be addressed or reported to the same-ranking people's government decisions.

Article 24, the water and transport sectors should, within their respective responsibilities, develop methods of disposal, in accordance with the procedures set out in article 21, article 23, of this approach, to effectively control and investigate violations.

Article 25. The urban management law enforcement authorities are responsible for the cessation of construction by the parties in conflict with the law and the refusal of the parties to stop the construction of the construction, by the urban administration law enforcement authorities to envelope the construction site under the law and, where necessary, to inform the electricity, water suppliers to stop construction and water use.

Article 26, as a result of security accidents in conflict with the law, should organize the timely disposal of the people of the region and the Commission, and report to the Government and the relevant sectors. The investigation of accidents is carried out in accordance with the provisions of the Production Safety Accident Report and the Investigation Processing Regulation (Act No. 493 of the Department of State).

Article 27, within the period of separation of the parties, should explicitly implement the supervisory inspection, monitor in practice and prevent the occurrence of looting.

The administrative law enforcement sector is responsible for the imposition of forced demolitions in violation of the law by the parties to the law; the refusal is unbearable; the administrative law enforcement authorities that have made a mandatory demolition decision apply for the execution of the People's Court.

Article 28 does not compensate for the construction of a violation when it comes to housed on collective land and State land.

Violations of the law have been repeatedly established or committed by organizations; acts that constitute violations of the administration of justice are dealt with in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and the transfer of suspected crimes to the judiciary.

Chapter V Accountability for administrative error

Article 29 of the Constitution of the People's Government and the Board of Governors for four years to control and inspect the monthly performance appraisal in violation of the law, criticized and removed the prequalification for the performance appraisal of the year; and, in the case of serious circumstances, hold the responsibilities of the leading, sub-heading and direct responsible.

Article 33: Street, commune, communes' governments and relevant sections of the Commission are held accountable under the following provisions:

(i) Two monthly performance appraisals in one year were not marked, and the leadership was cautioned;

(ii) A cumulative three-month performance appraisals in one year will not be marked, criticize the unit and give organizational treatment or warning to the main leadership, management leadership;

(iii) In one year, four months of performance appraisals were not marked, the removal of unit performance appraisal prequalification, warning of key leadership and management leadership or disposal.

Article 33 The relevant sectors of the commune government do not assist, cooperate with the control and investigation of the unlawful construction of the ombudsman and refrain from the development of an inspection programme and disposal approach to inform the unit of the unit; they are criticized within one year, and the removal of the unit's prequalification for the performance appraisal period.

The communes in the relevant sectors of the commune government are not subject to the provisions of this approach by accepting the organization, coordination and accountability of the people of the region and the Commission, leading to the inadequacy of the control and investigation of the violation, criticizing the units; in the event of seriousness, eliminating the prequalification of the performance appraisal exercise for the year and holding the responsibilities of the leading, decentralized and direct responsibilities in accordance with the relevant provisions and procedures.

Article 32 consists of one of the following acts by the staff of the relevant sector, in accordance with the provisions of the pilot methodology for the administrative error of the staff of the Vilhan Municipal Administration, to conduct a written check, to communicate criticisms, to remove the organization of the year's evaluation of qualifications, deduction awards, a caution, etc.; to give downgradation and the administrative disposition of the following serious consequences:

(i) Inviolate approval, ultra vires approval, unlawful registration or verification of security of tenure;

(ii) No inspection as provided;

(iii) Non-compliance with the provision, suppression, transfer or prosecution of reported or detected offences;

(iv) Other offences related to the construction of an offence are not investigated by law;

(v) Restructuring, concealing reports and refusing to report information on violations;

(vi) Other acts of negligence and abuse of authority.

For those who have been ordered to be disposed of above, they can be transferred simultaneously to the approval or enforcement positions.

Article XXIII, in which the responsible person for the construction of an administrative error in violation is one of the following acts, should be dealt with again:

(i) More than two cases of administrative error should be held within one year;

(ii) Interference, obstruction and non-coordinated investigation into its administrative error;

(iii) Counter reprisals against the complainant, the accused, the prosecution or the responsible person;

(iv) In carrying out their duties, acts of private fraud or receipt of the property of the parties, acceptance of the dinner requests of the parties, travel or recreational activities provided by the parties;

(v) Other serious administrative error.

Article 34 imposes a serious social impact on the control and investigation of the unlawful construction of a security accident resulting in loss of life property, treats the main leadership and sub-heading the responsible unit in accordance with the relevant provisions, and gives warnings, lapidated and scrutinized treatment, in the light of the gravity of the circumstances, giving downgradation, dismissal and disposal.

Article 33XV, in administrative law enforcement activities that control and investigate the construction of the conflict, should provide collaboration and collaboration and inform the unit; in the event of a serious nature, remove the qualifications of the civilization unit and hold the responsibilities of leading, diligent leaders and direct holders.

Article 36 Enforcement, participation, sheltering of staff from organs, groups, business units, obstructing the work of the unlawful investigation service, is recommended by the urban administration of law enforcement agencies by their offices, superior authorities or administrative inspection bodies to warn, default or be taken over; in the light of the gravity of the circumstances, giving downgradation or removal of their duties; and in the event of serious circumstances, giving rise to dismissal.

organs, groups, entrepreneurship units and their superior authorities or the supervisory services are not dealt with in accordance with the preceding paragraph and the civilization unit is disqualified.

The administrative error involved in this approach is held accountable, in accordance with the relevant provisions of the terms of competence for the management of personnel and the administration of the authorization. The relevant administrative law enforcement authorities should be responsible for accountability for administrative misperceptions of the responsible person, in accordance with their respective responsibilities and the management authority; and for the transfer of justice to the judiciary for suspected crimes.

Annex VI

Article 338 works in conflict prevention and detection in areas other than those approved by the Government of the People of the People's Republic of China on the basis of laws, regulations and regulations such as the People's Republic of China Rural Planning Act and the People's Republic of China Land Management Act, which are specifically designed by the peoples of each region.

Article 39 of this approach is implemented effective 1 January 2013.