Sichuan Provincial Planning Violations Administrative Sanctions Provided

Original Language Title: 四川省城乡规划违法违纪行为行政处分规定

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Sichuan provincial planning violations administrative sanctions provided (On February 3, 2009 Sichuan Province Government 25th times Executive Conference considered through on February 18, 2009 Sichuan Province Government makes No. 230, announced since on April 1, 2009 up purposes) first article for strengthening on urban and rural planning of supervision management, prevention and processing urban and rural planning in the of illegal disciplinary behavior, according to People's Republic of China urban and rural planning method, and People's Republic of China administrative monitored method and administrative organ civil servants disposition Ordinance, legal, and regulations, combined Sichuan actual,

    These provisions are formulated.

    Article urban planning violations in these rules refers to violation of the urban system planning, town planning, urban planning, rural planning, scenic village planning, planning and other relevant laws, regulations, rules of behavior.

    Thirdly, local people's Governments at various levels and their staff with one of the following acts, head of the people's Government concerned and other persons given warnings or demerit; if the heavier, given demerit and demoted in serious cases, dismissal:

    (A) business development and town and country planning law, rules and regulations contrary to normative documents;

    (B) authorization should be made by the people's Governments at the corresponding level of urban and rural planning, urban and rural planning delegation of administrative examination and approval of the competent departments to carry out other functions to the Government sectors, lower levels of Government, all types of development (parks) or other organizations;

    (C) shall be drawn up in accordance with law is not prepared by the urban and rural planning;

    (D) the principal does not have the appropriate level of qualification units of urban and rural planning;

    (V) the city or County General plan prepared by the Organization in higher level people's Government for approval prior to the people's Congress Standing Committee for deliberation, or town government organizations prepared by the town planning in consideration of the above level people's Government for approval prior to the town people's Congress;

    (Vi) submit master plan approval, failing to announce the draft plan, and feasibility study meeting, hearing or other means to solicit expert and public opinion, as well as the approval of urban and rural planning is not published in a timely manner in accordance with law;

    (VII) develop construction plans in the near future, is not required to report general plan approval authorities for the record;

    (H) in urban master plan, the town outside the scope defined in the General Plan of construction land, establishment of development zones and urban areas;

    (I) the approval of controlled detailed planning in violation of city master plan, the General town planning compulsory content;

    (J) failure to incorporate the requirements of urban and rural planning and management of budget;

    (11) the Township and town people's Governments for Township and village settlements in violation of the construction of urban and rural planning Act, failing to investigate.

    Fourth urban planning departments and their staff with one of the following acts, directly in charge of personnel and other persons given warnings or demerit; if the heavier, given demerit and demoted in serious cases, dismissal:

    (A) business development and town and country planning law, rules and regulations contrary to normative documents;

    (B) authorization should be carried out by the Department of town and country planning administrative examination and approval rights to other units or personnel;

    (C) failing to organize the preparation of controlled detailed planning of the city and the county seat of the people's Government of the controlled detailed planning of town;

    (D) the delegate does not have the appropriate level of qualification preparation of controlled detailed planning of units;

    (E) preparation of controlled detailed planning before submitting for approval, not draft plan shall be published in accordance with law, and complying with the provisions to take feasibility study meeting, hearing or other means to solicit expert and public opinion;

    (F) preparing an important block of constructional detailed planning does not comply with the controlled detailed planning;

    (G) outside the scope of construction land in urban and rural planning to determine planning permission or planning permission violates the approved mandatory elements of urban and rural planning;

    (VIII) overstepping or to an applicant who does not meet the statutory requirements issued by the selection report, planning permit for construction, construction project planning permit, rural construction planning permits;

    (I) an applicant who meets the statutory requirements were not issued within the statutory time limit selection report, planning permit for construction, construction project planning permit, rural construction planning permits;

    (J) the certified detailed construction planning, construction engineering design master plan have not been made public, or not in accordance with the provisions take the form of hearing hearing stakeholders views agree to modify the law approval of detailed construction plans, construction engineering design of general layout;

    (11) the employer does not comply with the controlled detailed planning of the proposed change of planning conditions apply or affect the immediate planning or regulatory detailed planning of implementation, as well as transportation, amenities, safety of temporary construction permit application be approved;

    (12) found that without planning permission or breach of planning permission in planned areas in the building, and is not investigated or upon receipt of the report not dealt with according to law.

    Fifth Lands Department and its staff has one of the following acts, directly in charge of personnel and other persons given warnings or demerit; if the heavier, given demerit and demoted in serious cases, dismissal:

    (A) is not identified in the law on State-owned land use right grant contract of planning conditions or changes in State-owned land use right grant contract of planning conditions were determined by law;

    (B) for failing to make the allocated units of the planning permit for construction of State-owned land, or failing to achieve rural development planning for the rural construction land use approval procedures;

    (C) without consent of the urban planning departments to change land use in the urban and rural planning area.

    Sixth construction Department and staff of any of the following acts, directly in charge of personnel and other persons given warnings or demerit; if the heavier, given demerit and demoted in serious cases, dismissal:

    (A) the lack of construction project planning permit or rural construction planning permit for construction project, issuing construction permits for construction projects;

    (B) the issuance of construction permits, without changing the planning permit for construction project planning permit or rural construction;

    (C) for failure to obtain planning permission and planning and verification procedures of construction project completion record.

    Article seventh investment authority which made selection report have not been issued by the construction project approval document of a construction project, belonging to the Administration directly in charge of personnel and other persons given warnings or demerit; if the heavier, given demerit and demoted in serious cases, dismissal.

    Eighth House property rights registration departments and their staff with one of the following acts, directly in charge of personnel and other persons given warnings or demerit; if the heavier, given demerit and demoted in serious cases, dismissal:

    (A) without a plan verified or certified not suitable conditions of newly-built housing for the registration of property rights;

    (B) without consent of the urban planning departments handle the housing designed for registration of change;

    (C) failing to obtain construction project planning permit or altering the content of the planning permit of construction engineering construction pre-sale permit was issued.

    Nineth architectural design of urban and rural planning, unit, or individual has any of the following acts, belonging to the Administration directly in charge of personnel, directly responsible to give a warning or demerit; if the heavier, given demerit and demoted in serious cases, dismissal:

    (A) no qualification or above qualification license contract the scope of urban and rural planning, architectural design work;

    (B) gifts, hospitality, kickbacks or other improper means of planning, architectural design tasks;

    (C) violation of laws and regulations on urban and rural planning, regulations and national and local standards and conditions of planning, preparation of planning and architectural design of urban and rural areas.

    Article tenth unit or individual has any of the following acts, belonging to the Administration directly in charge of personnel, directly responsible to give a warning or demerit; if the heavier given demerit and demoted in serious cases, removal from Office, expelled:

    (A) obtained by fraud, bribery or other improper means of planning permission;

    (B) instructed, inspired design and designers in violation of State, local standards of design and planning conditions;

    (C) not in accordance with national and local standards and conditions of planning for construction, urban planning and implementation;

    (D) the lack of construction project planning permit, building planning permits or not in accordance with the construction project planning permit, rural construction planning permit for construction;

    (E) temporary construction without approval or not in accordance with the approved content, on approved the temporary use of land or the construction of permanent buildings, structures, and other facilities.

    11th under any of the following acts, belonging to administrative supervision responsibilities to give a warning or demerit; if the heavier, given demerit and demoted in serious cases, dismissed or expelled:

    (A) in violation of the relevant provisions of laws and regulations on urban and rural planning, requirements, orders, ordered relevant departments to implement the administrative examination and approval;

    (B) forcing a violation of urban and rural planning and implementation of construction projects;

    (C) interference, restriction, obstruction of relevant administrative organs and their staff to investigate and punish cases of urban and rural planning discipline;

    (D) work in urban and rural planning, the use of Office or his position to seek benefits for others, receive benefits, or for a spouse, their children and their spouses, relatives or staff to intercede, for personal gain.

    12th responsibilities to active account of violations, and to take measures to effectively prevent or recover losses, should reduce the punishment.

    Violations are minor, after criticism correction may be exempted from punishment. 13th in violation of this provision, according to the personnel management permissions, monitored by administrative authority in conjunction with the town and country planning department and other relevant departments for investigation and treatment.

    Need to be given administrative punishment, in accordance with the disciplinary procedures relating to the rights and regulations.

    Punishment officer refuses to dispose of the appeal and review of reviews, in accordance with the People's Republic of China on administrative supervision law, regulations on the punishment of civil servants of administrative organs and other relevant laws and regulations shall apply.

    For non-objects in violation of the provisions of the administrative supervision, investigation and penalties recommendations to the relevant administrative departments, by the relevant authorities according to law.

    Given administrative punishment or treatment are needed, recommends that the relevant administrative departments or industry associations law.

    14th on urban and rural planning violations administrative sanctions, otherwise provided by laws and regulations, from its provisions; a suspected crime, transferred to judicial organs for handling.

    15th the other administrative bodies and the legal and authorized rights to administer public affairs organizations and State administration authorities shall delegate the Organization and its staff, urban and rural planning violations administrative sanctions, reference to these provisions. The 16th article of the regulations come into force on April 1, 2009.

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