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Administrative Measures On Rural Highway In Fujian Province

Original Language Title: 福建省农村公路管理办法

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(Summit 2nd ordinary meeting of the People's Government of Fford, 28 March 2008, to consider the adoption of the Decree No. 102 of 7 April 2008 No. 102 of the People's Government Order No. 102 of 7 April 2008, effective 1 June 2008)

Chapter I General
Article 1, in order to strengthen rural road construction, conservation and management, ensure that rural transport networks are fully accessible and promote new socialist rural construction, in line with the relevant legal, regulatory provisions, such as the People's Republic of China Highway Act.
Article II applies to the planning, construction, conservation and management of rural roads within the territorial administration.
Rural roads include district, commune, village.
Article 3 Rural road construction, conservation and management is guided by the principles of integrated planning, management, securing inputs and ensuring accessibility.
Article IV. Governments at all levels should take vigorous measures to strengthen the construction, conservation and management of rural roads and to include them in the annual work objectives of the current people's Government.
Article 5
The communes (communes) are within the responsibilities established by the communes' governments and are responsible for the construction and conservation of communes, with the organization of the transport authorities.
The Villagers' Committee, with the help of the district-level Government's transport authorities, the communes (communes) people's government, organizes village-building in accordance with the voluntary, democratic decision-making and negotiation of villagers, and is able to implement the day-to-day conservation organization.
The People's Government and the Village People's Committee should assist the public security authorities in transport management and transport authorities in promoting education on road safety in rural roads.
Article 6. Rural road construction, conservation and management shall not increase the burden of farmers, shall not undermine the interests of farmers, nor shall they use coercive means of pooling units and individuals, and shall not force farmers to carry out their work and documentation.
Article 7. More than the people's governments at the district level should provide recognition and incentives for units and individuals that have made significant achievements in the construction, conservation and management of rural roads.
Chapter II Planning and construction
Article 8. Rural road planning should be in line with urban and rural planning, land-use master planning and interface with other planning.
District planning should be coordinated with provincial planning. Districts, communes and village planning should be coordinated.
District planning is prepared by the provincial-level Government's transport authorities in the same sector, with the approval of the Government of the municipality of the province, following the finalization by the current people's Government and the advice of the provincial Government's transport authorities.
The commune planning is prepared by the commune Government's transport authorities to assist the communes (communes), to seek advice from the local government's transport authorities and to report back to the provincial and district government transport authorities.
Village planning has been developed by the commune (communes) Government to seek advice from the local government transport authorities and to report back to the provincial and local transport authorities. Villages planning should be negotiated with villagers or villagers' representatives before they are sent for approval.
Article 9. Rural road planning needs to be modified by a change programme proposed by the original preparation body, which is governed by the procedure set out in article 8 of this approach.
Article 10
The Government of the commune (communes) prepares communes based on rural road planning and the annual construction plan for villages, with the approval of district-level government transport authorities. Among them, the Village Lands Annual Construction Plan should be approved by the People's Congress or by the Village Delegates' Conference after the decision was taken by the People's Government of the commune (communes).
Article 11. Rural road construction should guarantee quality, reduce costs, reduce cost depletion, save land and protect the ecological environment.
Rural roads are encouraged to use new technologies, new materials and new processes.
Article 12 Rural roads should be structured in conjunction with local rural economic development and transport forecasts. The full use of old road resources, the upgrading of the technical level of the road, and the delivery of the vehicle capacity.
Rural roads should improve protection, drainage, security facilities and mark lines. There should be conditions for the establishment of passenger terminals.
Article 13. Districts and communes should be implemented in accordance with basic State-mandated construction procedures and relevant provisions, as well as project legal entities responsible for systems, tendering systems, contract management systems, engineering systems.
Village construction takes into account the State's basic construction procedures and the relevant provisions.
Article XIV, the establishment of communes and communes, which are required for new land, the demolition of ground buildings, construction and routing, cables, is coordinated by the local-level people's Government or the commune (communes) people's Government.
The construction of the land required by the village is addressed in coordination with the Village People's Commission and is governed by the law.
The construction projects such as leakage, bridges, tunnels, etc., should be chosen for the construction of a professional force with corresponding qualifications.
Article 16 provides for more than two rural roads and medium-sized bridges, tunnel construction projects, which should be based on the selection of the appropriate treasury units through tendering. Other rural road construction projects can be carried out by district-level transport authorities.
Article 17 Rural roads should establish a system of quality responsibility for work and a safe production responsibility regime.
The quality of the rural highway construction project is monitored by the authorities responsible for the transport of more than the people at the district level and can be entrusted with the specific responsibility of the quality of the transport works.
Article 18 Rural Highway construction projects have been completed by the Government's transport authorities at the district level, in accordance with the relevant national provisions.
Article 19 Villagers Commissions should establish a monitoring team in accordance with democratic procedures to participate in the quality of work and the completion of inspection inspections of village construction projects.
Article 20 shall not be delivered without the clearance or completion of the rural highway.
Rural Highway construction projects are completed and relevant technical files are maintained by the district-level government transport authorities.
Chapter III Conservation and management
Article 21 provides for a registration system for rural roads, with clear conservation and management responsibilities. Rural road registration includes the name of rural roads, ends, responsibilities, technical status, financing.
The People's Government's Transport Authority is responsible for the registration of the management of zones within this administrative area, and the district-level Government's transport authorities are responsible for the management of communes in this administrative area and village tunnels. The specific registration approach was developed by the provincial Government's transport authorities.
Article 2
Article XXIII of the Government of the People's Transport Authority prepares the annual conservation plan for the zones in accordance with the rural road conservation categories and the actual technical conditions, with the consent of the Government of the people of the region, which is approved by the Government's transport authorities.
The Government of the commune (communes) prepares communes based on the rural Highway conservation category and the actual technical situation, the annual conservation plan for village trajectories, which is approved by the territorial Government's transport authorities.
Village conservation plans should be negotiated with villagers or villagers' representatives before they are sent for approval.
Article 24 units or individuals who are responsible for the conservation of rural roads should be conserving rural roads in accordance with the relevant technical norms and operational regulations of the State and the province, and guaranteeing that rural roads are often well placed in a technical state.
Article 25 When rural roads are disrupted or severely damaged due to severe natural disasters, the communes, communes (communes) should be rehabilitated in a timely manner and, where necessary, should be mobilized and organized along the institutions, groups, business units, villagers' councils to rehabilitate them as soon as possible.
Article 26 states, communes, communes and villagers' councils should provide facilities for rural road conservation.
Article 27 of the provincial Government's transport authorities should develop technical standards for the conservation of rural roads, conservations and conservation work nuclear methods and monitor implementation.
The Government's transport authorities, communes (communes) and the people's Government should strengthen the daily supervision of rural road conservation efforts and conduct annual studies.
Article 28 of the Government's transport authorities are responsible for the management of district and communes, and their high-level management has specific responsibility for district and commune management.
The Village People's Committee is responsible for the protection of the right to live in the village and is guided by the authorities of the Government's transport authorities.
Article 29 prohibits:
(i) The illegal construction of cards, fees, fines and interceptive vehicles;
(ii) Damage, damage or the unlawful occupation of road, highway and highway subsidiary facilities;
(iii) The location of the trade market and all types of operating sites;
(iv) Soils and barriers;
(v) Exhumation and irrigation;
(vi) burning of rice, manoeuvement, dumping of garbage and subsoils;
(vii) Other damage, pollution of rural roads and effects on the safe and safe passage of roads.
No units or individuals shall be allowed to occupy and exhume rural roads. There is a need for the occupation, excavation, cross-border crossings and communes, which are regulated by law. There is a need for the occupation, excavation and cross (cross) of the village, and the consent of the Villagers Commission should be obtained.
Article 31 of the Government's transport authorities and their relevant departments, communes (communes) Governments should organize daily rural road inspections to promote road laws, regulations and to put an end to all violations, occupation and destruction, damage to rural roads.
Villagers' committees should assist in the day-to-day inspection of rural roads and report on road damage in a timely manner.
Chapter IV Fund mobilization and use
The mobilization and management of rural road construction, conservation and management funds are guided by the principles of multi-financing, decentralized management and earmarking.
Governments at all levels should put in place mechanisms to mobilize funds for the construction, conservation and management of rural roads, which are supported by government investments and by villagers.
Article 33 Main sources of construction, conservation and management of rural roads:
(i) Rural road construction and conservation of earmarked funds for national and provincial grants;
(ii) Financial rural road construction and conservation funding arrangements for the establishment of district and district-level governments;
(iii) The Government of the people of the town, the Village People's Commission, which raises funds for rural road construction and conservation;
(iv) Rural road construction and conservation funds, such as businesses or individuals.
Article 34 of the Village People's Commission's approach to mobilizing rural road construction, conservation funds should be guided by the principle of the voluntary, quantitative and discretionary power of villagers and in accordance with the provisions of the relevant legislation.
Article XV of the provincial Government's transport authorities will work with the same level of finance, in accordance with the rural road construction, conservation of annual plans approved by the transport authorities of the municipalities, districts (communes, districts) and government, to integrate the provincial rural road construction, conservation of annual subsidies schemes and to include financial budgets.
The construction and conservation projects included in provincial rural road construction, the conservation of annual grants schemes are subject to targeted subsidies. People's governments in the municipalities, districts (markets, districts) should match the funding and include the same fiscal budget.
Article 36 Rural Highway construction, conservation of earmarked funds should be open, fair and timely.
Article 37 Rural Highway construction, conservation funds are subject to specific accounting and pre-entry, accounting management, exclusive use must be made public and no unit or individual may be stopped, crowded and diverted.
Article 338 Government traffic, finance and auditing are responsible for monitoring the construction of rural roads and the use of conservation funds, in accordance with their respective responsibilities.
Chapter V
Article 39, in violation of article 6 of this approach, imposes a pool of units and individuals in the mobilization of funds for rural road construction, forced farmers to work, be provided for, and are converted by the Government's transport authorities or by the Government of the people at the lower level, and is not later rectified and disposed of directly responsible personnel by their authorities or the inspectorate.
Article 40 violates article 29 of this approach and article 33, while imposing penalties in accordance with the provisions of the People's Republic of China Highway Act, the Favourg Roads Administration Regulations.
Article 40 bis. In violation of article 37 of this approach, interception, exclusion, diversion of rural roads, conservation funds are being converted by the Government's transport authorities or by the Government of the people at the top level, and is later unprocessarily, accountable managers and other persons directly responsible for direct responsibility are to be disposed of by law by their authorities or by the inspectorate.
Article 42, all levels of rural highway management and its staff abuse their functions, play negligence, provocative fraud, corruption are subject to punishment by law by their authorities or inspection bodies, which constitute criminal liability under the law.
Annex VI
Article 43