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Wuhan Violating The Land Administrative Accountability Of Heads Of The Interim Measures For The Administration

Original Language Title: 武汉市违反土地管理规定行政首长问责暂行办法

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Provisional approach to accountability for executive heads in violation of land management provisions in the city of Vilhan

(Adopted by the 59th Standing Committee of the Government of the Republic of Vilhan on 29 December 2008 and issued by Decree No. 196 of 15 March 2009, as of 1 May 2009)

Chapter I General

Article 1, in order to strengthen land management, maintain land management order and protect land resources, develop this approach in line with the provisions of the People's Republic of China Land Management Act, the National People's Republic of China's Administrative Monitoring Act, the Civil Service Disposal Regulations of the Authority, the Modalities of Conduct in Violations of the Land Management Provisions and the pilot approach for the administration of staff in the Vhan City.

Article II of this approach refers to the executive heads responsible for violations of land management provisions, which refer to the Director of the Government of the Municipalities of the People's Government of the Region, the Director of the New Infrastructure Development Zone in the Lake Vilhan Orientale Lake, the Management Committee of the Vhan Economic Technology Development Zone, the Committee on the Management of Ecological Tourism in the city, the Committee on the Management of the Hand Chemical Industrial Zone (hereinafter referred to as the Commission) and the Director of the Authority, the Director of the Ministry of the Municipal Government, the Director of the Ministry of the Interior, the Director of the Bureau (with the administrative post of the presidence of the facilitation), and the land management, and the land management of the rightly responsible for violations.

Article 3. The executive head of the Government of the people of the region is the first responsible person for the implementation of land management provisions in the current administrative region and is responsible for the land tenure and land conservation area in the current administrative area.

The Chief Executives Board is the first responsible for the implementation of the land management provisions in the current management region and is responsible for the stock of cultivated land tenure and for the protection of the land area in the current management area.

The executive heads of the communes are responsible for land protection in accordance with the relevant law.

Chapter II Scope and content of accountability

Article IV. Government of the people of the region and the Commission are accountable to the executive head in accordance with this approach:

(i) Within one year of the current administrative region or in the management of the area of land in conflict with the region, the proportion of the total area of occupancy of cultivated land has reached more than 15 per cent or, although not reached 15 per cent, the adverse impacts or other grave consequences or the responsibilities of arable land conservation are not eligible;

(ii) The sale or other forms of unlawful transfer of land, or the illegal approval of the collection and use of land;

(iii) In violation of the provisions for the conclusion of land-use agreements, commitments or consents to spousal, pre-construction, patriarchal construction, “removal” violations of land;

(iv) The use area shall not be approved in accordance with the overall land-use planning, or no new land-use plan (including a farmland transfer plan);

(v) In violation of the national land management policy, the State Department explicitly requires that the suspension of land clearances remain without the approval, or that the State Department explicitly prohibits the provision of land-based projects;

(vi) In the exercise of the right to use in the State-building area, the manner in which the allocation should be approved should be made, and the tender auction should be used in a manner whereby the agreement is granted or transferred;

(vii) In violation of the provision for the granting of credits for the use of State-owned land, or for the unlawful low price and forfeiture of State-building rights;

(viii) The establishment of a variety of development parks and the expansion of the use of land in the development of parks;

(ix) Taking decisions that violate the provisions of land management in such a way as to meet, document-making, etc., leading to violations of land;

(x) The failure to stop the discovery of land violations, the non-Organization of inspection or the adverse consequences of land violations;

(xi) Non-implementation of the recommendations and recommendations of the Government of the High-level People or the Land Resources Management on land management, resulting in adverse consequences;

(xii) Other cases where accountability is in violation of land management provisions.

Article 5

(i) The illegal approval of the collection, occupation of land or violation of the provision of a land-use agreement, commitment or consent to the construction of lateral reports, pre-construction reports, minor construction, and the use of land, such as “releaded”;

(ii) The sale of or other forms of illicit transfer of land;

(iii) In the process of processing the transfer of farmland or land-based declarations, reports etc., false reports, concealment of the place of use, location, area, etc.;

(iv) In the exercise of the right to use in State-building, the manner in which the transfer should be used should be made, the manner in which the solicitation auction was to be used in a manner whereby the agreement was made or the manner in which it was allocated, or, in the bid auction, the bidder, the owner's identification and the result of the award;

(v) After the State-building of land use rights to allow the contract to enter into, land-use planning conditions such as land use, construction of absorption rate;

(vi) Urgently defray the use of concessions by State-owned construction, or unlawfully low prices, non-repayment of the right of State-building to use land;

(vii) To know that construction projects are suspected of violating land management provisions and that they have not been dealt with in accordance with the law and that they remain in the process of clearance or other violations of the provisions of the authorization process;

(viii) Taking decisions that violate the provisions of land management in such a way as to meet, document-making, leading to violations of land;

(ix) Non-reporting, non-pression and non-organizationalization of reported land violations;

(x) Failure to implement the changes in the Government of the Municipalities or the management of the land resources of the State to redirect or to adapt to them;

(xi) Other cases where accountability is in violation of land management provisions.

Chapter III Modalities and procedures for accountability

Article 6.

(i) A written inspection order;

(ii) To inform criticism;

(iii) Removal of prequalification for the year;

(iv) Excellence of awards;

(v) To caution against statements;

(vi) Susion of positions of anti-status;

(vii) To persuade them to resign;

(viii) Resignation.

In the manner set forth in the preceding paragraph, it may be in a single or subsection, whereby the suspension of office anti-status, the disguised resignation or the act of resignation shall be brought to the competent organ (sector) to take a decision.

Article 7. The Urban Land Resources and Housing Authority, the Municipal Monitoring Authority, found that the Government of the People of the District, the Commission, the municipality's Government had one of the provisions of article IV and Article 5 of the scheme and, after the initial survey verification, the Mayor had made recommendations for the commencement of accountability proceedings with the executive heads of the People's Government, the Commission, the Municipal People's Government, by the Mayor to decide to initiate the accountability process; the Mayor may also decide directly to initiate the accountability process in accordance with the relevant circumstances.

Following the start of the accountability process, the Mayor organized the discussions of the Standing Government of the Municipalities. The Standing Committee of the People's Government held that the facts were clear and substantiated and that the manner in which accountability was directly studied; it was considered necessary to investigate the verification process could be tasked with ICJ.

Article 9. The municipal inspectorate conducts investigations in accordance with instructions from the Government of the city. The findings should be communicated in writing to the executive heads of the authorities of the people of the region concerned, the Commission, the city's people's government, and to the fact that they have no objection to the investigation.

Article 10. Upon completion of the investigation by the municipal inspectorate, the investigation reports should be submitted and, in accordance with the findings, recommendations should be addressed.

(i) The Government of the People's Republic of the Region, the Commission, the Government of the Municipalities, which has one of the conditions set out in article IV, article 5 of this approach, makes recommendations to the Government of the city for the manner in which the executive head is accountable;

(ii) In spite of the circumstances set out in article IV, article 5 of this approach, the Government of the People of the Region, the Commission, the Government of the city, and the authorities of the people of the city, may not be held accountable, making recommendations for the end of the accountability of the executive head.

Article 11. The Mayor tasked the municipal inspectorate to submit the findings and recommendations to the Standing Committee of the People's Government.

The executive heads of the DPI, CMEC and the communal government can make presentations and pleas at the Standing Committee of the People's Government.

Following the decision of the Standing Committee of the People's Government to be accountable, the Government of the city should notify in writing the responsible executive heads of the Government, the Commission and the municipalities, and inform them of their review of the application rights. At the same time, the authorities and departments concerned were informed.

The executive heads of the communal government, CMEC and the communes of the city are not in a position to decide on accountability and may submit a written review request to the Government of the city within 15 days of receipt of the decision.

Article 14. The Government of the urban population decides to review and, according to the content of the request for review, the municipal inspectorate may be tasked with re-entry and the review of the report within 30 days. After discussion at the Standing Conference of the People's Government, decisions to maintain, modify or withdraw were taken.

Article 15. The Government of the city decides not to be responsible, and the Municipal Inspectorate shall communicate the findings of the investigation and the decision of the Government of the city to the executive heads of the People's Government, the Commission, the city's Government.

Article 16, the executive heads of the Government of the District, the Commission and the Government of the People's Republic of the city are governed by article IV, article 5 and is suspected to be unconstitutional, by the municipal inspectorate, in accordance with the provisions on the administration of justice; and the alleged crimes are dealt with by the judiciary.

Article 17

Article 18 governs the people of the region in accordance with this approach. After the accountability of the Commission, the Government of the urban population, such as the situation of accountability, which has been caused by a sub-office, medium-sized or related staff act, accountability is taken in the light of this approach in the light of the competence of the Ministry.

Chapter IV

The Governments of the peoples of Article 19 shall, in the light of this approach, be accountable to the executive heads for violations of land management provisions in the present administrative region and in the management area.

Article 20