Liaoning Provincial People's Government On The Abolition And Modification Of The Liaoning Province Urban Housing Units Management Decision Of The 14 Provincial Government Regulations

Original Language Title: 辽宁省人民政府关于废止和修改《辽宁省城市房屋拆迁管理办法》等14件省政府规章的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368204.shtml

Liaoning Provincial people's Government on the abolition and modification of the Liaoning province urban housing units management decision of the 14 provincial government regulations (November 30, 2011 Liaoning Province Government 52nd times Executive Conference considered through December 15, 2011 Liaoning Province Government makes No. 269, announced since announced of day up purposes) according to State legal do, and housing and urban and rural construction, and land resources department joint issued of on do about land demolition of regulations and normative file special cleanup work of notification (law (2011) 38th,) requirements, provincial government decided, abolition Liaoning province city housing demolition management approach, modified

    The Liaoning Provincial regulations normative documents record measures 13 provincial government regulations.

    Annex 1: Liaoning Provincial people's Government decided to abolish regulations

Liaoning province urban housing units management

    (Issued on October 18, 2002, the provincial government to 145th) Annex 2: Liaoning Provincial people's Government decided to amend rules and regulations

    , Liaoning province, regulations normative documents record methods amendments

    1. the first paragraph of article is revised as follows: "regulations shall be published in the 30th, regulatory documents shall be published in the 15th, submitted for the record in accordance with the following provisions:"

2. the seventh is amended as: "submit filing regulations and regulatory documents, should be submitted for the record, regulations normative documents of the official version of the report and a description, and follow the prescribed format bound, made in 3 copies.

Regulations and regulatory documents according to the laws, regulations, rules, and other development, when submitted for the record, it should be accompanied with the formulation based on 1. Submit the regulations and regulatory documents for the record, the conditions shall simultaneously submit electronic copies of regulations and regulatory documents.

” 3. the article is revised as follows: "the State organs, public organizations, enterprises and institutions, citizens believe that regulations and regulatory documents of any unlawful or inappropriate content, you can legally record review review of applications by the Legislative Affairs Department in writing of the right. Able to provide needed to review documents or their copies, should be provided.

Written applications for review include the following:

(A) the name or names of the applicant;

(B) apply for a review of regulations and regulatory documents name and number;

(C) application review of the matter and reasons;

(D) the applicant's mailing address and other contact information;

(E) the date of application. Levels government legal sector on meet this approach provides, belongs to this sector accepted of, should since received written application of day up 60 days law processing, and will processing situation told applicants; situation complex, 60 days cannot processing finished of, by government legal sector head approved, can extended 30th, but not containing need about sector assist review by needed of time; on not belongs to this sector accepted of regulations, and normative file review recommends, should told applicants to law has accepted right of organ proposed.

” 4. an article shall be added as article 12th: "submit filing of regulations and regulatory documents technical, highly specialized, legislative affairs departments at all levels to seek advice through feasibility study meeting, written or any other means, to the relevant experts and professional organizations in the field of consultation.



5. the original 15th 16th and amended as: "the regulations of the enacting body shall at the end of January each year for the preceding year on a list of the regulations established by the people's Governments at the Department of Legal Affairs. Normative documents Development Authority shall, before the end of January in each year of the previous years that list all the documents the newspaper level or levels for Legislative Affairs Department for reference. Legislative Affairs Department of the people's Governments at various levels shall, through access, sampling the enacting body and related documents, such as the register of issued, to supervise the implementation of normative documents record check, the enacting body shall cooperate.

” 6. an article shall be added as article 17th: "rule of the people's Governments at all levels through the record, drew attention to the review of other opportunities of citizens found that lower level people's Governments and their subordinate departments or local Government Department issued regulations and regulatory documents of any unlawful or inappropriate, you can directly in the investigation or to instruct the relevant departments to investigate.

” 7. an article shall be added as article 18th: "normative documents for the record review an annual statistical reporting system. People's Governments at the county level the Department of Legal Affairs shall, by January 20 of each year, registered the previous year, the people's Governments at the corresponding level for the record's review of regulatory documents, submitted to the municipal people's Government, the Department of Legal Affairs. Municipal Department of Legal Affairs shall, annually before February 10, on a yearly level people's Government and the people's Governments at the register's review of regulatory documents, summary submitted to the provincial law Department. Annual statistics on normative documents for the record review style, specified by the provincial legal department.



8. former article 17th as the 20th and amended as: "the regulations and regulatory documents under any of the following circumstances, by Legislative Affairs Department of the people's Governments at all levels shall order rectification fails, criticized in serious cases, and recommends that the relevant authorities directly responsible and other persons directly responsible shall be given administrative sanctions:

(A) issued regulations and regulatory documents do not submit records or were not in accordance with the time limits, format, submitted for the record;

(B) is not in accordance with the provisions issued a list of submitted for recordation;

(C) Legislative Affairs Department regulations and regulatory documents filed when does not provide information, refusal to cooperate with or concealing the real situation; (D) processing of the level or the Legislative Affairs Department on opinion, decided to refuse to perform or delay the performance of.



9. an article shall be added as article 21st: "the people's Governments above the county level shall strengthen the supervision of regulations and regulatory documents filed, to include content administration according to law. Regulations and regulatory documents filed shall be included in the performance evaluation of administrative organs and their staff.



    In addition, the clause order was adjusted accordingly.

Amendment to administrative measures for the second, the jellyfish resources in Liaoning province

17th article is revised as follows: "any of the following acts, penalties in accordance with the following provisions:

    (A) the returning fishing vessels carry jelly fish or jelly fish shipped to Changxing Island to land along the suizhong, fined 10,000 yuan and 30,000 yuan fine, if the circumstances are serious, may seize fishing boats, their jellyfish belong to fishing in the closed fishing seasons in the provinces, in accordance with article 15th (b), shall be punished; "

Three, the Liaoning Provincial forest plant quarantine measures for the implementation of the amendment Tenth article is revised as follows: "on tree seeds, seedlings and other propagating material, as well as fruits, flowers, herbs (except for raw herbs) to enforce quarantine. Production of forest seeds, seedlings and other propagating material as well as fruits, flowers, herbs and individuals shall be made to the forest inspection bodies to fill the seat of the quarantine declaration form. Forest inspection agency shall periodically conduct quarantine, fill in the quarantine and quarantine results recording. With the quarantine objects shall issue a notice of the quarantine treatment and treatments of limited duration, is not within the prescribed treatments, forest inspection agency may, in accordance with the relevant provisions of the law, took control. Removing costs borne by the responsible.

    ”

Four, amendment to marine environmental protection measures in Liaoning province 31st article is revised as follows: "breach of these rules, refused to clear the sea within the scope of domestic waste, waste, by the marine and fishery Department ordered clear; clear overdue, by the relevant units of the Department of marine and fisheries in accordance with the relevant provisions of the law on behalf of the clearing, costs borne by the marine unit, and can be fined a maximum of between 5000 and 1000 Yuan.

    ”

Five, Liaoning province supervision and administration of medical institutions ' use of drugs and medical devices means amendment

25th article is revised as follows: "food and drug supervision and management departments of medical institutions when conducting supervision and inspection, and shall exercise the following powers:

(A) the extracting machinery samples for testing;

(B) identification of the medical institution purchases of machinery instruments and related credentials such as books;

(C) the compulsory administrative measures according to the provisions of laws and regulations;

(D) other functions and powers prescribed by laws and regulations. Sampling inspection shall not charge a fee.

    ”

Liu, Liaoning Provincial video image information systems management approach to public security amendments 1. the 20th is amended as: "disobey article sixth, building construction of public security video image information system is not, by the public security organs ordered to construction; fails to build, organized by the public security authorities in accordance with the relevant provisions of the law building, paid for by building public security information system of video image unit.

” 2. the 21st section is revised as follows: "disobey article Nineth building public security information system of video image, the public security organ shall order removal and refused to dismantle, law enforcement by public security organs removed, and a 1000 Yuan fine.

    ”

Qi, Liaoning province banned the extraction of groundwater regulations amendments Article is revised as follows: "water groundwater intake project in the units and individuals in accordance with the general programmes, implemented under the programme and progress themselves confined groundwater intake project. Fails to close, in accordance with the provisions of the relevant laws by the water conservancy administrative departments closed, closed the water unit and individual's expense.

    ”

Eight, amendment to cable management in Liaoning province 37th article sixth amended as: "the violation of the article 21st, screened by the confiscation of equipment, and a fine of 300 to 3000 Yuan fine.

    ”

Nine, planning and construction of urban railway in Liaoning province regulations amendments 14th article modified for: "on violation this provides seventh article, and tenth article first paragraph subsection (a), and (ii), and (three), and (four) items and the tenth article second paragraph provides of, by city administrative competent sector with planning administrative competent sector ordered deadline demolition, and transformation; late not demolition of, by County above Government approved, by city administrative competent sector or planning administrative competent sector law organization forced demolition.

    ”

Ten, Liaoning province, administrative law enforcement procedure amendment 1. the 53rd is amended as: "the Chief law enforcement agency in the course of administration, to suppress evidence of illegal activity, to prevent damage, avoid hazards, control risks expansion, where the implementation of compulsory administrative measures, in accordance with the laws and regulations.



    2. the 54th article first is amended as: "the law enforcement agencies implement the administrative coercive measures shall comply with the following provisions: (A) shall report to the head of the administrative law enforcement organs prior to implementation and approved.


3. the 54th seventh amendment of article: "seal up, distrain, production and delivery of the written decision on sealing up, distraining and list of attachment, arrest two copies of the list, by the parties and the administrative law-enforcement agencies to hold;"

4. the 54th article eighth amendment as follows: "Note signed or sealed by the parties and the administrative law enforcement personnel, refused by the parties, be noted in the record; parties do not present, inviting witnesses to come along, on the administrative law enforcement officers at the scene by a witness and record signed or sealed;" 5. the 55th is amended as: "the urgency of the situation, compulsory administrative measures need to be implemented on the spot, administrative law enforcement personnel shall report to the Executive Director within 24 hours, and go through the approval; in the remote, water and transportation areas of administrative coercive measures, administrative law enforcement personnel shall be returned after the administrative law-enforcement organs go through the relevant procedures in the 2nd.



   6. the 57th is revised as follows: "any of the following circumstances, administrative law-enforcement agencies who will have administrative coercive measures in accordance with the legal provisions and regulations, to citizens, legal persons or other organizations of the premises, facilities, or property seizure, seizure of compulsory administrative measures:

(A) the Suppression of violations;

(B) preventing evidence from damage;

(C) to avoid damage;

(D) dangerous to expand;

(E) other circumstances as stipulated by law.

    Sealing up, distraining limited in connection with the premises, facilities, or property, shall not be sealed up or seized and violations unrelated to the premises, facilities, or property; not seal up, distrain citizen's personal and family necessities.

Administrative law-enforcement organs of citizens, legal persons or other organizations place, facility or property seizure, seizure shall be approved by the heads of law enforcement agencies; or larger amounts in cases of significant places, facility or property seizure, seizure shall be by the head of the administrative law enforcement organs decided collectively. Does not have the administrative enforcement authority of compulsory administrative measures should be taken in accordance with the provisions of the law on administrative punishment register measures shall not be taken to places, facilities or property seizure, seizure of compulsory administrative measures.

” 7. Article 58th is amended as: "sealing up, distraining may not exceed the 30th; complex, approved by the heads of administrative organs, can be prolonged, but extend the deadline shall not be later than 30th.

    Except as otherwise provided in laws and administrative regulations. Items needed for testing, inspection, and quarantine or identification, sealing up, distraining period does not include testing, inspection, and quarantine or during the technical evaluation. Testing, inspection, and quarantine or during the technical evaluation should be clear, and shall inform the parties in writing.

Or identification of testing, inspection, and quarantine costs borne by the executive authorities. For sealing up, distraining premises, facilities, or property, the administrative organ shall take good care of, and shall not use or damage loss shall bear liability.

    ”

8. the 59th is amended as: "the law enforcement agencies in the implementation of the compulsory administrative measures of sealing up, distraining, it shall ascertain the facts and make a decision within the statutory time limit.

For seized, and seized of places, and facilities or property, illegal facts clear, law should confiscated of, law confiscated; legal, and administrative regulations provides should destroyed of, law destroyed; destroyed Shi site should has 2 name above administrative law enforcement personnel presence, and making destroyed record, by administrative law enforcement personnel in record Shang signed or sealed, and can through site photo, and camera, way archive reference. No violation of law or no longer needs to take measures of sealing up, distraining, shall make a decision to lift attachment, arrest and immediately return the property; have fresh articles or other difficult to auction or sale of the property has been in the custody of, refund the proceeds from the auction or sale. By administrative law-enforcement agencies fault property auction or sale price was significantly lower than the market price, cause losses to individuals, given compensation by administrative law-enforcement organs.

    ” 9. at its 60th article is revised as follows: "frozen deposits, remittances and violations involving the equivalent in amount has been frozen by the other administrative law enforcement organs according to law, shall not be frozen.

” 10. the 61st article is revised as follows: "in accordance with the legal provisions for the freezing of deposits, remittances, make a decision of administrative law enforcement organs should freeze within 3rd party delivery.

Freeze statement shall contain the following particulars:

(A) the name or names and addresses of the parties;

(B) the grounds for freezing, basis and time limit;

(C) freezing accounts and amounts;

(D) apply for administrative reconsideration or bring an administrative suit the ways and terms; (E) the name, stamp and date of administrative law enforcement organs.

” 11. the 62nd article is revised as follows: "from the date of freezing of deposits, remittances in the 30th, administrative organ shall make a decision or make a lifting of the freeze decision complex, subject to the approval of the heads of law enforcement agencies, can be prolonged, but extend the deadline shall not be later than 30th.

Except as otherwise provided by law. Decision to extend the freeze without delay, shall inform the parties in writing and state the reasons.

    Freeze is no longer needed, decisions of the administrative law enforcement agency shall promptly make the lifting of the freeze.

Unfreeze decisions of the administrative law enforcement organs, shall promptly notify the financial institution and the party. Administrative organization for law enforcement fails to make a decision or the lifting of the freeze a decision, the financial institution shall, from the date of expiry of the freeze thaw.

” 12. the 86th is amended as: "administrative law enforcement agencies before making an administrative enforcement, should urge the parties concerned to meet their obligations.

Notice shall be in writing and contain the following elements:

(A) fulfilment of the term;

(B) to fulfil its obligations;

(C) involve money, there should be clear the amount and payment method;

(D) the Parties shall have the right to be heard and right to be heard. Notice, party to the decision of the administrative law enforcement, not enforcement.

” 13. the 88th section is revised as follows: "notice, Parties late still not perform administrative enforcement decisions, and there is no justification for administrative enforcement agencies for administrative enforcement decisions are made.

Administrative enforcement decisions should be made in writing, and contain the following particulars:

(A) the name or title, address;

(B) of the rationale and basis for administrative enforcement;

(C) the manner and time of administrative enforcement;

(D) apply for administrative reconsideration or bring an administrative suit the ways and terms;

(E) the name, stamp and date of administrative law enforcement organs. During the notice period, there is evidence that transfer or concealment of property, administrative law-enforcement organs enforce an immediate decision can be made.

    ” 14. at its 89th is revised as follows: "implementation of administrative enforcement shall not be at night and on holidays.

However, except for an emergency. Administrative law-enforcement organs may not stop water supply, power supply, heat supply, gas supply, such as forcing the parties to meet their obligations.



15. the 90th is amended as: "the money from law enforcement organs in accordance with the obligations of the administrative enforcement decisions, a party fails to perform, administrative law-enforcement organ can be added a penalty or late fee. Added a penalty or late fee shall not exceed the amount of money amount of the obligation.

” 16. at its 91st is revised as follows: "administrative law enforcement organs to request the parties to remove, restitution and other obligations of the administrative enforcement decisions, a party fails to perform, the notice would not comply, the consequences have been, or will be endangering traffic safety, environmental pollution or destruction of natural resources, will the executive authorities to fulfil, or entrust a third party with no interest to fulfil.

Administrative law-enforcement agencies can perform or delegate has no stake in the third generation to perform.

Performance shall observe the following procedures:

(A) served on the former decision, fulfilling the decision shall set forth the party's name or title, address, reason for discharge and the basis, mode and time, subject, budgets and performance of people;

(B) implementation of 3rd, urge the parties to fulfil, fulfill, stop to perform;

(C) performance, make a decision of administrative law enforcement organs should officers for monitoring;

(D) are fulfilled, administrative law enforcement supervision staff, meet people and party or witness should sign or seal on the instrument. Performance fee determined in accordance with reasonable cost, borne by the parties.

Except as otherwise provided by law. Implementation may, using violence, intimidation or other unlawful means.

    ”

Third, funeral, Liaoning province, measures for the implementation of the amendment 1. the 27th article is revised as follows: "in the implementation of cremation of the body for burial or bury ashes coffin or burial reform areas in cemeteries and rural public welfare bodies buried outside the cemetery, built the Tomb, by the civil affairs departments above the County be ordered to rectify.



2. the 28th is amended as: "the mourning activities detrimental to public order and public health, endangering public security, infringe upon the legitimate rights and interests of any of the following acts, by the civil affairs departments above the County to stop; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security:

(A) without approval of the remains will be transported to the field;

(B) outdoor set lingpeng, set in the City Hall;

(C) funeral treble playback or played a dirge, and throw the paper money of the city; (D) outside the Government-designated places of worship for the Ashram.



3. delete article 32nd.

    In addition, the clause order was adjusted accordingly.

Liaoning province, 12, of city appearance and environmental sanitation regulations amendments 36th article modified for: "not meet city looks standard, and sanitation standard of buildings or facilities, by city and sanitation competent sector with city planning administrative competent sector ordered deadline transformation or demolition; late not transformation or not demolition of, by County above Government approved, by city and sanitation competent sector or city planning administrative competent sector law organization forced demolition, and on non-business sex behavior, at 100 Yuan above 1000 Yuan following fine; on business sex behavior of, Penalty of between 1000 Yuan and 10,000 yuan.

    ”

13, Liaoning province grazing regulations amendments Eighth article is revised as follows: "refusing to replant trees or replanting is not in line with relevant regulations of the State, as well as recovery facilities intact, the Department of forestry administration in accordance with the relevant provisions of the law on behalf of replant or restore, the cost paid by the offender. ”