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Wuhan, Wuhan Municipal People's Government On The Revision Of The Urban Management Of Trial Measures For The Power Of Relatively Concentrated Administrative Punishment Decision

Original Language Title: 武汉市人民政府关于修改《武汉市城市管理相对集中行政处罚权试行办法》的决定

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Decision of the Government of the Bolivarian Republic of Venezuela on the revision of the pilot approach to administrative sanctions for urban management in the city of Vilhan

(Adopted by the 23th ordinary meeting of the Government of the Republic of Vavhan on 6 August 2012, No. 232 of the Decree No. 232 of 26 November 2012.

The Government of the city decides to amend the pilot approach to administrative sanctions relative to urban management in Vilhan as follows:

In article I, the addition of the National People's Republic of China's Administrative Force Act and the Regulations on the Management of Sanitation in the city of Vilhan are a legislative basis.

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, Xian, Vuk, Hill, Blue Mountains and Vin-East Lake, the Vilhan Economic Technology Development Zone, the ecological tourism landscape in the city of Eastern Lake and the Vhan Chemical Industrial Zone;

(ii) Toyati, 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.”

Replace Article 3, paragraph 3 with the following:

“The new technology development area in the Lake Vilhan Orientale Lake, the Vilhan Economic Technology Development Zone, the city-wide ecotourism landscape and the city management law enforcement agencies in the Vilhan Chemical Industrial Zone, are entrusted by the Urban Management Enforcement Agency and are responsible for the implementation of the urban management in the region's relative concentration of administrative penalties.”

Amendments to article IV to read as follows:

“The City, the Regional Urban Management Enforcement Authority (hereinafter referred to as the urban administration law enforcement sector) is focused on the implementation of the provisions of this approach, in accordance with the provisions of this approach, of the management of sanitation in the city, urban planning, urban green management, municipal administration, environmental protection management, business administration, public security transport management, and administrative penalties for urban administration, which are not exercised by the relevant administrative law enforcement authorities and are still exercised without prejudice to their administrative sanctions decisions”.

V. Amendments to Article 6 as follows:

“The following violations of the regulations governing the administration of the city are correct and fined:

(i) Synergy and windows for the main roads in the cities, saving, rushing, saving blocks of the city, with a fine of up to $300,000;

(ii) In urban roads or in other public places, facilities are written and hit by fines according to the standard of $50; in the case of paints, sketes, at a fine of up to 5,000 dollars; in the event of severe fines of over $300,000;

(iii) Without approval by the urban administration law enforcement authorities or without posting, hiding of the approved content, or out-of-house advertisements and publicity, which have not been completed in a timely manner, a fine of up to $50 million. (b) A fine of up to 3,000 dollars for self-organizational posts and flags of propaganda;

(iv) Unauthorized or not advertised outside of the authorized requirement and period, the time limit of demolition or correction may be fined in accordance with the standards of the H$ 2000 in square meters, but the fine shall not exceed 100 million dollars; and the application for enforcement by the People's Court of Justice has not been removed or corrected;

(v) The operation of the shop is fined in accordance with the criteria that exceed 300 square meters of the area, but the fine shall not exceed €20000;

(vi) Other violations of the regulations governing the administration of the city, which are punishable in accordance with the relevant provisions.”

Replace Article 7 with the following:

“The following violations of the provisions of the management of sanitation are changing and fined:

(i) Accumulate a fine of 50 kidnapped with chewing nuclear, paper, boxes, cigarette, beating tanks, oral sugar, plastic kits;

(ii) Inclination of sewerage and inclination of waste such as animal body, with a fine of more than $50 million;

(iii) No fine of up to $50 million, in accordance with the provisions for the dumping of manure;

(iv) The dumping of living garbage in non-designated places is subject to a fine of up to €200,000 for personal service and a fine for the unit in accordance with the standard of €100 per cubic metre;

(v) The garbage of living garbage has been pushed into non-designated places, with a fine of more than 1000 dollars;

(vi) The failure of the municipal health-care professional unit to perform clean-up responsibilities and the clean-up is incompatible with the requirements and is addressed in accordance with the signed letter of responsibility or the contractual agreement;

(vii) The garbage trans-shipment station is not open to society or has an adverse environment within and outside the prescribed time, with a fine of over 3,000 dollars;

(viii) units such as scientific research, medical, livestock slaughter, biological products will result in the blend of toxic hazardous wastes into the garbage of living or incest, with a fine of 500,000 dollars;

(ix) burning of trees and garbage in roads or in public places, with a fine of more than $50 million;

(x) A fine of 50 kidnapped for funeral supplies such as roads or public places, burning of paper books, and incests;

(xi) The residues generated by the alteration, refurbishment of homes have not been cleared in accordance with the provision of a fine of up to $50 million;

(xii) Other violations of the provisions of sanitation management, which are punishable under the relevant provisions.”

Amend Article 8 as follows:

“The following violations of the regulations governing construction on the ground are changing and fined:

(i) In the street, the washing of construction materials outside the construction site, with a fine of more than 500,000 dollars;

(ii) Transport of dispersal, movable or garbage or garbage paths, with a fine of 100 square meters per contaminated area, in accordance with the criteria of 100 square meters;

(iii) Releasing or dumping of wastes such as garbage, residues or dumping in non-designated places, with a fine of €50 million for units and €200 for individuals.”

Amend Article 9 as follows:

“In public places, such as urban roads, square brackets, the time limit is being changed and a fine of up to $50 million.”

Amend Article 10 as follows:

“Un of the acquisition of operational qualifications, in the event of a clean-up order, the order is correct and fines of more than 5,000 yen; in serious circumstances, the fine of up to $300,000. Without the licence to engage in the construction of garbage transport, a fine of more than 5,000 units is fined to 1000 individuals.

Amend Article 12 as follows:

“In violation of environmental sanitation construction and management provisions, the period of time has been changed and fined:

(i) Without the establishment of environmental sanitation facilities in accordance with the provisions, the duration of the period of time is to be filled with serious circumstances, which can be fined up to one times the cost of environmental sanitation;

(ii) The unauthorized removal of environmental sanitation facilities or the removal of demolitions in accordance with the approved evictions programme, the compensation of losses and the fine of up to 100,000 dollars in the year 2000; and, in exceptional circumstances, the fine of up to $100,000;

(iii) Conclusive closure, damage to environmental sanitation, compensation for losses and fines of more than 100,000 dollars in 2000; in exceptional circumstances, a fine of up to €100,000 above.

Amend Article 14 as follows:

“The following damage to the greenization of cities and its facilities shall cease violations and impose a fine of up to $30 million for personal services; fines for more than 500 dollars for units, while at the same time paying more than 500 dollars for their direct supervisors and other responsible persons; and liability for damages:

(i) Accumulating and disruptive waste in green areas;

(ii) Damages and green sets;

(iii) Releasing material in the law and in the forum;

(iv) Flighting trees and excerpts;

(v) Greenization facilities such as damage columns, slogans and water pipelines;

(vi) Setting advertisements (columnes) in urban green areas;

(vii) Other damage to urban greenization and its facilities.”

Article 15 is amended to read as follows:

“Appropriation, destruction of trees, compensation for losses and compensation for more than three times the amount of damages.”

Amend article 16 as follows:

“Accelerating the use of urban green lands, the duration of the period of time, the restitution, rehabilitation of the status quo, and the imposition of a fine on the basis of the standard of 100 square meters per day, which was not returned by law.”

Article 23.

“The construction, construction or other facilities that have not been granted a licence for construction of engineering planning or have not been established in accordance with the construction of engineering planning licences shall be inspected by the urban administration law enforcement authorities in accordance with the provisions of the People's Republic of China Rural and Rural Planning Act and the relevant laws, regulations and regulations.”

Article 24 was amended to read as follows:

“An unwarranted traders who operate outside the premises (located outside the store) are prohibited under the provisions of the No-Chiding Removal Scheme (Act No. 370 of the Department of State), forfeiture the proceeds of the violation may be fined by €0.

Paragraphs Page

Article 37 was amended to read:

“Citizens, legal persons and other organizations decide not to impose administrative penalties on the urban administration law enforcement authorities, which may be applied by law for administrative review or administrative proceedings before the People's Court”.

Article 68 was amended to read as follows:

“Rejection, obstruction of the exercise of public service by law enforcement officials in urban administration, which is sanctioned by the public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and the transfer of the judiciary to justice for alleged crimes”.

Article 41 was deleted.

In addition, the individual language in the original articles was amended and the terms were adjusted accordingly. The pilot approach to urban management in the city of Vavhan was released in accordance with this decision.

Annex: The approach to administrative penalties relative to urban management in Vilhan (as amended in 2012) (Act No. 137 of 20 August 2002 by the People's Government of the Republic of the Republic of the city of New York, 6 November 2012 Revision of the Decision of the Government of the People of the Republic of Viet Nam on the revision of the pilot scheme of administrative penalties for urban management in the city of Vu Xhan City)

Chapter I General

Article I, in order to strengthen urban management, is relatively focused on the right to administrative punishment, in accordance with the National People's Republic of China's Administrative Punishment Act, the National People's Republic of China Administrative Forced Labour Code, the Regulations on the Incorporation of Sanitation in the city of Vilhan, and the letter of the Office of the State of the Rule of Law on the conduct of relatively centralized administrative sanctions pilots in the city of Vhan (State Law letter No. 1 [2001] 137) in conjunction with the actual practice of the city.

Article 2

(i) New technology development areas in the Lake Giang, Hani, Xian, Vuk, Hill, Blue Mountains and Vin-East 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.

Article 3. The Urban Management Enforcement Bureau is responsible for the organization, coordination, monitoring and inspection of administrative penalties that are relatively concentrated in urban management across the city.

The Regional Urban Management Enforcement Bureau is responsible for the specific implementation of urban management that is relatively focused on administrative penalties within the Territory.

The new technology development area of the Lake Vilhan Orientale Lake, the Vilhan Economic Technology Development Zone, the city's ecotourism landscape and urban management law enforcement agencies in the area of the Vilhan Chemical Industry are entrusted by the Urban Administration Enforcement Agency and are responsible for the specific implementation of the urban management in the region's relative concentration of administrative sanctions.

Article IV, Municipalities, Regional Urban Management Enforcement Administration (hereinafter referred to as the urban administration law enforcement sector), in accordance with the provisions of this approach, concentrates on the exercise of the administrative penalties imposed by the relevant administration, urban planning, urban green management, environmental protection management, business administration, public safety management, and public safety management, and that the administrative penalties of urban administration are not exercised without further action, and administrative penalties are still in place.

Article 5 The urban management law enforcement authorities should establish a system of regular communication between law enforcement officials, the introduction of administrative law enforcement responsibilities and the evaluation of the vetting system and the effective enhancement of administrative law enforcement.

Chapter II

Article 6.

(i) Synergy and windows for the main roads in the cities, saving, rushing, saving blocks of the city, with a fine of up to $300,000;

(ii) In urban roads or in other public places, facilities are written and hit by fines according to the standard of $50; in the case of paints, sketes, at a fine of up to 5,000 dollars; in the event of severe fines of over $300,000;

(iii) Without approval by the urban administration law enforcement authorities or without posting, hiding of the approved content, or out-of-house advertisements and publicity, which have not been completed in a timely manner, a fine of up to $50 million. (b) A fine of up to 3,000 dollars for self-organizational posts and flags of propaganda;

(iv) Unauthorized or not advertised outside of the authorized requirement and period, the time limit of demolition or correction may be fined in accordance with the standards of the H$ 2000 in square meters, but the fine shall not exceed 100 million dollars; and the application for enforcement by the People's Court of Justice has not been removed or corrected;

(v) The operation of the shop is fined in accordance with the criteria that exceed 300 square meters of the area, but the fine shall not exceed €20000;

(vi) Other violations of the regulations governing the administration of the city, which are punishable under the relevant provisions.

Article 7.

(i) Accumulate a fine of 50 kidnapped with chewing nuclear, paper, boxes, cigarette, beating tanks, oral sugar, plastic kits;

(ii) Inclination of sewerage and inclination of waste such as animal body, with a fine of more than $50 million;

(iii) No fine of up to $50 million, in accordance with the provisions for the dumping of manure;

(iv) The dumping of living garbage in non-designated places is subject to a fine of up to €200,000 for personal service and a fine for the unit in accordance with the standard of €100 per cubic metre;

(v) The garbage of living garbage has been pushed into non-designated places, with a fine of more than 1000 dollars;

(vi) The failure of the municipal health-care professional unit to perform clean-up responsibilities and the clean-up is incompatible with the requirements and is addressed in accordance with the signed letter of responsibility or the contractual agreement;

(vii) The garbage trans-shipment station is not open to society or has an adverse environment within and outside the prescribed time, with a fine of over 3,000 dollars;

(viii) units such as scientific research, medical, livestock slaughter, biological products will result in the blend of toxic hazardous wastes into the garbage of living or incest, with a fine of 500,000 dollars;

(ix) burning of trees and garbage in roads or in public places, with a fine of more than $50 million;

(x) A fine of 50 kidnapped for funeral supplies such as roads or public places, burning of paper books, and incests;

(xi) The residues generated by the alteration, refurbishment of homes have not been cleared in accordance with the provision of a fine of up to $50 million;

(xii) Other violations of the provisions of sanitation management are punishable in accordance with the relevant provisions.

Article 8.

(i) In the street, the washing of construction materials outside the construction site, with a fine of more than 500,000 dollars;

(ii) Transport of dispersal, movable or garbage or garbage paths, with a fine of 100 square meters per contaminated area, in accordance with the criteria of 100 square meters;

(iii) Releasing or dumping of wastes such as garbage, slander, or dumping in non-designated places, with a fine of €50 million for units and a fine of up to $50 million for individuals.

Article 9 washaving vehicles in public places, such as urban roads, square brackets, with the time limit being changed and a fine of up to $50 million.

Article 10 does not acquire the quality of the operation, engage in a cleaning order, rectify and imposes a fine of up to 5,000 yen; in serious circumstances, a fine of up to 300,000 dollars. Without permission to engage in the construction of garbage, a fine of more than 5,000 units is fined to 1000 individuals.

Article 11, “The three-phase” responsibility unit has not been able to carry out its duties, has changed the time limit and fined up to $50 million.

Article 12 has the following violations of environmental sanitation construction and management provisions, the time limit is being changed and fined:

(i) Without the establishment of environmental sanitation facilities in accordance with the provisions, the duration of the period of time is to be filled with serious circumstances, which can be fined up to one times the cost of environmental sanitation;

(ii) The unauthorized removal of environmental sanitation facilities or the removal of demolitions in accordance with the approved evictions programme, the compensation of losses and the fine of up to 100,000 dollars in the year 2000; and, in exceptional circumstances, the fine of up to $100,000;

(iii) Conclusive closure, damage to environmental sanitation, compensation for losses and fines of more than 100,000 dollars in 2000; in exceptional circumstances, a fine of up to $100,000 could be paid below $0.

Article 13 imposes a fine on buildings or facilities that are not in compliance with urban profiling standards and environmental sanitation standards, for the period of time being renovated or dismantled, and are subject to a fine in accordance with the statutory procedures.

Chapter III

Article 14.

(i) Accumulating and disruptive waste in green areas;

(ii) Damages and green sets;

(iii) Releasing material in the law and in the forum;

(iv) Flighting trees and excerpts;

(v) Greenization facilities such as damage columns, slogans and water pipelines;

(vi) Setting advertisements (columnes) in urban green areas;

(vii) Other damage to urban greenization and its facilities.

Article 15. Removal and destruction of trees by causing compensation for losses and compensation for more than three times the amount of damages.

Deforestation, spontaneous relocation of Guang trees or damage or death due to poor conservation are punishable under the relevant regulations, regulations.

Article 16, which has taken over the Green Lands of the Urban, has been forced to responsibly, restore the status quo and, since its occupation, impose a fine on the basis of the standard of 100 square meters per day; and has been removed by law.

Article 17 of the law enforcement authorities in urban management cases where compensation is required, shall be communicated to the parking sector within 5 days to make reparations and compensation decisions by the urban administration law enforcement authorities and to transfer compensation and information to the forest sector within one month of implementation.

The offences set forth in this chapter are committed in urban roads and in their two sides, by urban administration law enforcement authorities; in urban parks, green squares and units, they remain under the responsibility of the parking sector.

Chapter IV Urban road management

Article 19 states that, in violation of urban road occupation, exhumation management provisions, the period of time has been changed and fines of €20000; and liability for loss:

(i) The unauthorized occupation or excavation of urban roads;

(ii) The absence of an authorized place, area, duration or excavation of urban roads;

(iii) With the expiry of the urban road or the exhumation of urban road works, no time has been required to repair or clean the ground in accordance with the provisions.

Article 20 contains the following damage, intrusion of urban roads, the period of time being corrected and the fine of €0.000; the loss and liability:

(i) The construction of buildings and constructions on the road to cities;

(ii) Over four kilograms/top cm (0.4 gpa) of stress on the bridge, and more than 10 months of high-pressed electricity lines and other flammable explosive routes;

(iii) The lack of timely filling or rehabilitation of the damage to the various gates on the urban road;

(iv) No marked marking and safe perimeter facilities were installed on the road construction sites in urban areas;

(v) The construction of facilities, such as trajectory and trajectory, along with urban roads, has not been subject to approval procedures;

(vi) Renovate the line under the urban road without formalizing the approval process in accordance with the provisions;

(vii) Other damage and appropriation of urban roads.

The twenty-first non-modile vehicle was stopped in the human tunnel (with a bridge to the streets), a man-day bridge, and the street tunnels were not suspended under the provisions, warning or a fine of $20.

The motor vehicle was not stopped in accordance with the provisions of the law, regulations and regulations.

Chapter V

Article 22 Construction units or individuals shall be subject to inspection and supervision in the relevant sector by means of a demonstration of the construction engineering planning licence (or a licence notice) approval authority, approval and approval.

Article 23 investigates buildings, constructions or other facilities that do not obtain a licence for construction of engineering planning or are not constructed in accordance with the provisions of the construction engineering planning licence, in accordance with the provisions of the People's Republic of China Rural and Rural Planning Act and relevant laws, regulations and regulations.

Chapter VI Business management

Article 24 prohibits unwarranted traders who operate outside (located) in violation of the law, in accordance with the provisions of the Act No. 370 of the Department of State No. 370, forfeiture proceeds of the offence and may be fined by €0.

Environmental protection management

Article 25 uses a high-speaker in business operations or other means of issuing a high noise to solicit the customer's immediate change and a fine of 1000.

Article 26 causes smoking contamination in areas of population concentration, such as residues, dry lags, and is responsible for the cessation of the offence; in the case of serious circumstances, it can be fined by €200.

Article 27, which burns alph, oil crusts, rubber, plastics, leathers, imposes an end to the offence and pays a fine of up to $3000.

Article 28 operates in the streets, such as the burning of garbs, the cigarette, which causes contamination of the residential environment of the near-resident population, reorders and fines of more than 100 million yen; in the event of a severe refusal to change, with a fine of up to $100,000.

Other provisions of Chapter VIII

Article 29 found violations by the urban administration law enforcement authorities and should be responsible for their immediate alteration or relocation of deadlines; the denial of an offence may deduct, in accordance with the law, the tools and goods used in the commission of an offence.

Article 33: Urban management law enforcement officials must register the rescinded property, list of which shall be signed by the parties, shall be kept in good custody and report promptly to the relevant heads of law, and shall be compensated by law.

Article 31 does not impose administrative penalties for the same offence on the parties.

Article 32 investigates violations by the urban administration law enforcement authorities and requires technical recognition and shall be communicated to the relevant statutory accreditation bodies, which shall be synonymous with the relevant administration and statutory accreditation agencies.

Article 33 governs the execution of official duties by urban law enforcement officials, which should be seen as a sign of law enforcement, presentation of law enforcement documents, and strict enforcement of administrative sanctions in accordance with the procedures set out in the National People's Republic of China Administrative Punishment Act. Of these, cases where administrative penalties are applicable in the general process should be determined within 15 working days of the date of the discovery of the offence; the merits and the complexity of the case, with the approval of the main heads of the urban administration law enforcement authorities, which may extend an appropriate period of time, up to 30 working days.

Article 34 governs the urban administration of the law enforcement system that imposes a fine-free regime that separates the collection of fines. In addition to the fines that may be collected by law, the departments that make administrative sanctions decisions and their law enforcement officials shall not collect their own fines.

In the case of a fine collected at the time, the urban administration law enforcement authorities should pay their treasury in a timely and full manner without interfering, consular and private subordination.

Article XV of the Municipalities Management Enforcement Authority has the right to remedy administrative penalties that are in violation of or inappropriately imposed by the Regional Urban Management Authority.

The Municipal Urban Management Enforcement Authority has jurisdiction over district urban administration enforcement authorities and, if necessary, can be directly checked.

Article 36, Civil, legal and other organizations decides not to impose administrative penalties on the urban administration law enforcement authorities, may apply for administrative review by law or administrative proceedings before the People's Court.

Article 37 rejects and impedes the enforcement of public services by urban administration officers, which is sanctioned by public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and is suspected of committing crimes to be brought to justice by law.

Article 338 established a telephone to report to the urban administration and to make it public.

Citizens, legal persons and other organizations have the right to report to urban administration law enforcement authorities or their superior authorities on violations committed by urban law enforcement officials in law enforcement.

Article 39 governs the urban administration of law enforcement and law enforcement personnel. Violations of law enforcement are held in accordance with the provisions of the Regulations on Law Enforcement Responsibility in the city of Vilhan, where management functions should not be performed in a timely manner, or abuse of authority, negligence, in favour of private fraud in the enforcement process.

Chapter IX

Article 40. This approach is explained by the Office of the Rule of Law of the People's Government of Vavhan.

Article 40 provides for administrative penalties, laws, regulations, amendments or new provisions under this scheme.

Article 42