Guizhou Province, Water And Soil Conservation Facilities Compensation Fee Collection Management

Original Language Title: 贵州省水土保持设施补偿费征收管理办法

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Guizhou province, water and soil conservation facilities compensation fee collection management

    (14th of March 16, 2009, Guizhou Provincial Executive meeting considered by Guizhou Provincial people's Government on March 24, 2009, the 111th announced as of June 1, 2009) first to fight soil erosion, protection and rational use of water and land resources, according to the People's Republic of China soil and water conservation Act, the Guizhou Provincial implementation of People's Republic of China measures on soil and water conservation law and other legal provisions and regulations, combined with the facts of the province, these measures are formulated.

    Article production and construction activities in the occupied or damage of soil and water loss caused by soil and water conservation facilities, shall pay the compensation fees for soil and water conservation facilities. Soil erosion caused by production and construction activities in the unit or individual shall be in accordance with the approval of soil and water conservation plan of self governance according to law.

    Weak governance shall be made to the Administrative Department for water and soil erosion control of soil and water conservation agencies to pay fee, governed by the water conservancy administrative department or conservation agencies.

    The third water administration under the people's Governments above the county level authorities or classification of soil and water conservation in accordance with administrative rights, responsible for water and soil conservation facilities compensation fee collection and management work.

    Price of finance, the people's Governments above the county level, auditing and supervision departments in accordance with the Division of duties, is responsible for the management and supervision of water and soil conservation facilities compensation fee.

    Fourth, one of the following circumstances, under the premise of good soil and water conservation work, exempt from water and soil conservation facilities compensation fee:

    (A) the construction of schools, hospitals, kindergartens, child-care, social welfare homes, rural homes for the elderly, elderly apartments, public cultural and sports facilities such as education, social welfare and rehabilitation hospitals, honor, and some Hotel des Invalides military feeding station, retired military retreat services such as the army and the building of national defence;

    (B) agriculture, the construction of infrastructure in rural areas, farmers build houses or according to law production and needs removal of Earth and stones;

    (C) the construction of affordable housing, low-rent housing;

    (D) in accordance with the provisions of relevant laws and regulations of sand mining management in the payment of fees.

    Other production and construction activities, approved by the provincial people's Government, exempt from water and soil conservation facilities compensation fee.

    Fifth is imposed by the water and soil conservation facilities compensation fee according to the following classification of administrative rights:

    (A) national and provincial approvals, approving, record production and construction projects, water and soil conservation facilities compensation fee levied by the provincial water conservancy administrative departments;

    (B) (State, land) people (doctors) approvals, approving, record production and construction projects, water and soil conservation facilities compensation fee from the city (State, land) people (doctors) is imposed by the water conservancy administrative department or conservation agencies;

    (C) compensation fees for other construction projects of soil and water conservation facilities of production, by the Department of water administration under the people's Governments at the county level or soil and water conservation is imposed by the Agency.

    Sixth superior water administrative department or conservation agencies may authorize subordinate water administrative department or conservation agencies collect compensation fees for soil and water conservation facilities.

    Seventh article is imposed by the water and soil conservation facilities compensation fee according to the following criteria:

    (A) engaged in the development and construction of real estate, under the actual surface area of 2 Yuan per square meter occupied a one-time levy;

    (Ii) engaged in mining, and quarrying (mountain sand), and take soil, production business activities of, according to engineering actual occupied to surface area each square meters 2 Yuan one-time levy; continued production business activities constantly caused soil erosion of, except according to engineering actual occupied to surface area each square meters 2 Yuan one-time levy outside, and according to mineral sales total (owned mine of, according to actual excavation volume, according to similar, and with grade mineral sales average price approved sales total) of 2 ‰ levy;

    (C) construction of water engineering, power engineering and infrastructure, under the actual surface area of 0.5 Yuan per square meter occupied one-off levy;

    (D) the construction of hotels, restaurants, offices, training center, construction of factories, parking lots and other production activities, under the actual surface area of 1 Yuan per square meter occupied one-off levy.

    Eighth article levy soil and water conservation facilities compensation fee should according to by law approval of soil and water conservation programme approved of amount, in expropriation to end Hou, starts Qian one-time levy; not prepared soil and water conservation programme of production construction project, by has approval right of County above Government water administrative competent sector or soil and water conservation institutions ordered deadline presentation, its soil and water conservation facilities compensation fee according to by law approval of soil and water conservation programme approved of amount one-time levy. In this way the seventh paragraph (b) the provision of production and business activities of the entity or individual, monthly or quarterly to the people's Governments above the county level should be the water conservancy administrative department or conservation agencies declare their total sales.

    Not reported, conceal or misrepresent, total sales were approved by the designed maximum output collection.

    Nineth provincial government pricing departments, finance departments, the water conservancy administrative department based on controlling soil and water loss of water and soil conservation facilities compensation fee collection standards needs to be adjusted, submitted to the provincial people's Government for approval before implementation.

    Tenth people's Governments above the county level the water conservancy administrative department or conservation agencies collect compensation fees for soil and water conservation facilities, should apply to the Department in charge of price at the same level premium license, using provincial financial Department notes printed administrative fees, and shall, in accordance with the provisions on fees and standards for public notification, shall not be allowed to increase or decrease fees, increase or reduce charges.

    Water Administrative Department of the people's Government at or above the county level for soil and water conservation agency fees shall be made to the unit or individual to whom notice of payment of compensation fees for soil and water conservation facilities, unit or individual shall receive payment notification within 15th of the paying formalities.

    11th is imposed by the water and soil conservation facilities compensation fee according to the following steps and the percentage paid into the State Treasury at the same level, respectively, into the financial budget management:

    (A) the provincial water conservancy administrative departments in charge of, 40%, local municipalities, according to province (State, land) Government (Administrative Office) 10% 50%, local counties divided into;

    (B) (State, land) people (doctors) and County Water Conservancy administrative departments or collected by soil and water conservation, fully paid into the State Treasury at the same level, respectively.

    Soil and water conservation facilities, specific and payment of compensation measures for the financial departments of the provincial government, in conjunction with the departments concerned.

    12th special levying compensation fees for water and soil conservation facilities for soil and water conservation work of the following:

    (A) soil and water conservation;

    (B) soil and water conservation ecological construction and management;

    (C) surveying, soil and water conservation planning and design;

    (D) soil and water conservation awareness, education and training, and other related expenses. 13th water administration under the people's Governments above the county level departments or soil and water conservation of soil and water conservation facilities should be compensation fee collection, and use of supervision and inspection.

    Supervision, examination, the right to take the following measures:

    (A) the requirements are checked for units or individuals to provide relevant documents, licenses and materials;

    (B) the requirements are checked for units or individuals on issues related to the implementation of this approach to make notes;

    (C) enter into the inspected construction project site investigations;

    (D) inspection, copying and collecting soil and water conservation facilities compensation fee on documents, notes, books, supporting vouchers for the accounts and reports, and so on.

    Inspectors when carrying out supervision and inspection, shall produce a valid certificate of administrative law enforcement and normal production and operation activities shall be without prejudice to the relevant units or individuals.

    Units or individuals shall not refuse or impede the supervision and inspection personnel performing official business according to law.

    The 14th water administration under the people's Governments above the county level authorities or conservation institutions, Audit Department, financial Department, monitoring of soil and water conservation departments and the Department in charge of price find facilities compensation fee collection, use of illegal or irregular behavior shall order within a time limit or other treatment in accordance with law.

    15th construction units and individuals engaged in production, due to technical reasons such as unable to provide his governance, the people's Governments above the county level the water conservancy administrative departments or institutions as approved by the law of soil and water conservation of soil and water conservation scheme of soil and water loss control fees one-time full of soil and water loss prevention and control fees.

    Units and individuals engaged in production and construction, treatment technologies for soil and water conservation are not up to standards, the people's Governments above the county level the water conservancy administrative departments or institutions as approved by the law of soil and water conservation of soil and water conservation program of work remaining once the approved charge of soil and water loss control fees.

    16th sporadic waste soil, soil and water loss caused by abandoned stone, slag, by local people's Governments at the county level the water conservancy administrative departments or soil and water conservation in accordance with 4 one-time charge per cubic metre of soil and water loss control fees. Soil and water conservation fees charged by the 17th over to the financial account, in accordance with the relevant provisions of management, for use in the project of soil and water conservation work.

    Specific collection, use the provincial governments for the financial departments of water conservancy Administrative Department and price authorities.

    18th refusing to pay or delayed payment of compensation fees for soil and water conservation facilities, the people's Governments above the county level the water conservancy administrative department or conservation agencies order the prescribed date, and five out of 10,000 late fee charge by the day; if not paid, are part of a business activity up to 1000 Yuan and 10,000 yuan fine, belonging to non-operating activities less than 100 Yuan more than 1000 Yuan fine.

    19th in production units and individuals of the soil erosion caused by construction activities, without treatment or fails to pay a fee for soil erosion prevention obligations, in accordance with the People's Republic of China soil and water conservation Act, the People's Republic of China soil and water conservation law regulations for the implementation of Guizhou province, and the implementation of People's Republic of China soil and water conservation law, the relevant provisions of the measures will be punished.

    20th water administration under the people's Governments above the county level Department or other relevant departments and their staff, in violation of these rules, abuse of power, negligence, malpractice, and does not constitute a crime, administrative sanctions according to law. 21st article this way come into force on June 1, 2009. On August 18, 1994 provincial government approved on March 1, 1995, by the provincial Department of water resources, Ministry of finance, provincial price Bureau issued the administrative measures for controlling soil erosion in Guizhou province levy (trial) be repealed simultaneously.

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