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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(March 28, 2008 2nd meeting consideration of the people's Government of Fujian province on April 7, 2008, Fujian Provincial people's Government announced the 102th come into force on June 1, 2008) Chapter I General provisions article in order to improve rural road construction, maintenance and management of rural road in good condition smooth, promote the construction of new Socialist countryside according to the People's Republic of China Highway Act and other relevant laws and regulations, combined with the province, these measures are formulated.
    Second rural roads in the administrative regions of the province of planning, construction, maintenance, and management, application of this approach.
    Rural roads including County roads, rural roads, village road.
    Third rural road construction, maintenance and management of work and manpower planning, principles of management, guarantee investment, ensuring smooth.
    Article people's Governments at various levels shall adopt effective measures to strengthen rural road construction, maintenance and management, and its inclusion in the people's Governments at the corresponding level assessment of annual objectives.
    Fifth County in rural road construction, maintenance and management responsibility, the Transportation Department has specific responsibility for rural road construction, maintenance and management.
    The township (town) people's Government established by the people's Governments at the county level, within the mandate, and transportation departments under the guidance of the Organization, responsible for road construction and maintenance work.
    Villagers ' committees in the transportation departments of people's Governments at the county level and township (town) people's Government under the guidance, according to villagers ' voluntary, democratic decision-making, a construction way a village road, and make daily maintenance implementation.
    The township (town) people's Governments and village committees should assist public security organs traffic management departments, departments of transportation in rural highway traffic safety publicity and education.
    Sixth rural road construction, maintenance and management shall not increase the burden on farmers, must not harm the interests of farmers, to the units and individuals shall not use coercive means funds, shall be compelled absent farmer, recipe cards.
    Seventh people's Governments above the county level should be in rural road construction, maintenance and management of units and individuals that have made outstanding achievements in the work of recognition and rewards.
    Eighth chapter planning and construction of rural highway plan should be consistent with town and country planning, land use planning, links up with other plans. County plan shall be coordinated with the provincial planning.
    County roads, rural roads, village roads coordination of planning should be interrelated.
    County Road planning and transportation departments of people's Governments at the county level in conjunction with the relevant departments at the same level, by the people's Governments at the corresponding level of the validation and in consultation with provincial departments of transportation, after district city people's Government for approval, and report to the provincial traffic departments.
    Town planning and transportation departments of people's Governments at the county level to assist Township (town) people's Governments, seek the views of the transportation departments of district municipal, reported to people's Governments at the county level approval, and transportation departments of people's Governments of provinces, districts and cities for the record. Village planning by the township (town) people's government organizations, seek the views of the transportation departments of district municipal, reported to people's Governments at the county level approval, and transportation departments of people's Governments of provinces, districts and cities for the record.
    Road plans submitted for approval, shall be agreed by the villagers ' meetings or villagers ' representative meetings.
    Nineth rural road plan needs to be modified to adjust, made by the original organ of formulation changes according to the procedure provided for in article eighth.
    Transportation departments of people's Governments at the county level in accordance with article tenth annual construction plans of the rural highway planning of County Road, by the people's Governments at the corresponding level approval, district transportation departments of the municipal government for approval. The township (town) people's Government according to Xiang road, village road, rural road planning annual construction plans, approval of the transportation departments of people's Governments at the county level.
    Among them, the annual construction plans of the village road from village meetings or villagers ' representative meetings to discuss decisions, by the township (town) people's Government approval of the transportation departments of people's Governments at the county level.
    11th rural road-building should ensure quality, reduce costs, energy consumption, land conservation, protection of the ecological environment.
    Encourage rural road construction application of new technologies, new materials and new technologies. 12th rural roads should be combined with local rural economic and social development and traffic forecasts, rational determination of construction standards.
    Full use of old resources, improve the technical level to ensure traffic capacity. Rural roads should be improved protection, drainage, and road marking and safety facilities.
    Conditional should establish passenger stops.
    13th County Road, rural road construction should be in accordance with State regulations related to the capital construction program and the implementation of the provisions, and implementing projects of legal person responsibility, public bidding system, the contract system and the project supervision system.
    Road-building capital program and implementation of the relevant provisions of the reference to national provisions.
    14th County Road, rural road-building needed new land, demolition of buildings, structures and underground pipelines, cables and other facilities, the local people's Governments at the county level or township (town) people's Government is responsible for the coordination, legal settlement.
    Coordination of land needed for the construction of the village by the villagers ' Committee resolved, and according to relevant procedures.
    15th article asphalt (concrete) pavement, bridge, tunnel construction project, you should select a qualified team of professionals in construction. 16th secondary rural roads and medium above bridge, tunnel construction projects should be selected through public bidding supervision of qualified supervisory units.
    Other road construction projects in rural areas, can be organized by the transportation departments of people's Governments at the county level to supervision.
    17th rural highway project quality responsibility system and the safe production responsibility system should be established.
    Rural road construction project quality supervision and transportation departments of people's Governments at above county level shall be responsible for, and you can delegate their respective traffic engineering quality supervision institutions responsible for.
    18th rural road construction projects by the transportation departments of people's Governments above the county level in accordance with the relevant provisions of the State organizational acceptance.
    Article 19th villagers ' committees should be established in accordance with democratic procedures-monitoring team, involved in road engineering quality and acceptance of construction project supervision.
    Article 20th without acceptance or acceptance of substandard rural roads shall not be delivered.
    Rural road construction project completion and related technical documents kept by the transportation departments of people's Governments at the county level are responsible for. Chapter 21st rural road maintenance and management to implement a registration system, a clear conservation, management responsibility.
    Registration of rural highways including the name of a rural highway, beginning and ending mileage, responsibility, technology, funding sources, and so on. District municipal people's Government responsible for the administration of the transportation departments within the County Road register management; transportation departments of people's Governments at the county level are responsible for the administrative area of Township Road, village road, registration and administration.
    Specific measures for such registration shall be separately formulated by the provincial traffic authority.
    22nd rank of rural road maintenance should be based on a different technology, different pavement requirements, implement conservation bid, maintenance contracts, maintenance contracts and so on.
    Article 23rd transportation departments of people's Governments at the county level based on the rural road maintenance categories and actual technical conditions of preparation of the annual county road maintenance plan, after agreed by the the people's Governments at the corresponding level, districts and cities transportation departments of people's Governments for approval.
    The township (town) people's Government under rural road maintenance categories and the actual technical condition to prepare annual maintenance plan of Township Road, village road, reported to the approval of the transportation departments of people's Governments at the county level.
    Village road conservation plans submitted for approval shall be agreed by the villagers ' meetings or villagers ' representative meetings.
    Article 24th of rural road maintenance unit or individual shall, in accordance with national and relevant technical specifications and operating procedures in the province of rural road maintenance, protection of rural highway in good technical condition.
    25th due to serious natural disasters in rural highway when interrupted or seriously damaged, County and township (town) people's Government should be repaired in a timely manner and, if necessary, to mobilize and organize along the organs, organizations, enterprises and institutions and villagers ' committees is carried out, and early resumption of the traffic.
    26th article of County and township (town) people's Governments and village committees should provide access for rural road maintenance of sand, stone, soil, water and other facilities.
    27th provincial transportation departments should develop a rural road maintenance standards maintenance work, conservation, quotas and assessment methods, and to supervise the implementation.
    Transportation departments of people's Governments above the county-level and township (town) people's Governments shall strengthen daily supervision and inspection in rural road maintenance work, and annual evaluation.
    28th transportation departments of people's Governments at the county level shall be responsible for the County and township roads road management work, road management organizations to which it belongs assume County roads and township roads road management.
    Middle Road right of way of the protection of villagers ' committees are responsible for village road, and accept the guidance of the transportation departments of people's Governments at the county level.
    29th article in rural highway Shang ban following behavior: (a) illegal set up checked posts, and charges, and fine and intercept vehicles; (ii) damage, and damaged or illegal occupied Highway, and highway with to and the highway subsidiary facilities; (three) stall presence, set country market and the various business places; (four) stacked material and the set obstacles real; (five) dug ditch diversion, and diffuse road irrigation; (six) burning straw, and heap manure composting, and dumping garbage and the Sub leak dirt real; (seven) other damaged, and pollution rural highway and effect Highway security smooth of behavior. Article 30th without authorization, no unit or individual is allowed to occupy rural and mining the roads. Absolutely necessary to occupy or dig, wearing (cross), the County and township roads, according to the relevant procedures.
    Absolutely necessary to occupy or dig, wearing (cross) the village road, should obtain the consent of villagers ' committees.
    31st transportation departments of people's Governments above the county level and their departments, Township (town) people's Governments shall organize daily inspections of rural highway to promote Highway laws, regulations, law to stop illegal use, occupation and acts of destruction, damaged rural roads.
    A villagers ' Committee shall assist rural roads daily inspections, timely report the damage. Fourth chapter funds raised and

    32nd in rural road construction, maintenance and management of funds raised, hierarchical management, financing and management follows the principle of earmarking.
    People's Governments at all levels should establish government investment, the villagers raise supplement, encourage the community to participate in rural road construction, maintenance and management of financing mechanisms.
    33rd article rural highway construction, and conservation and management funds main source: (a) national and provincial grants of rural highway construction, and conservation special funds; (ii) set district city, and County government arrangements of financial sex rural highway construction, and conservation funds; (three) Xiang (town) Government, and village Committee law raised of rural highway construction, and conservation funds; (four) enterprise or personal, social donor of rural highway construction, and conservation funds.
    Article 34th villagers ' committees take a discussion on the ways to raise the rural road construction and maintenance funds, villagers should follow principles of voluntary, affordable, and shall be handled in accordance with the relevant laws and regulations.
    35th provincial transportation departments of people's Governments in conjunction with the financial sector under various districts and cities, County (city, district) approval of the transportation departments of people's Governments at the annual plans for rural highway construction and maintenance, balancing and integrating provincial annual subsidies of the rural road construction, maintenance plans, and included in the budget. The inclusion of provincial-level rural highway construction and maintenance annual scheme of fixed subsidies for construction and maintenance projects.
    Districts and cities, County (city, district) people's Governments at the corresponding subsidy funds, and included in the budget at the same level.
    36th rural highway construction and maintenance funds allocated should be open, fair and timely.
    37th rural highway construction and maintenance funds to undertake the special accounting, and budget and final accounts management, earmarks, usage must be open, no unit or individual may intercept or appropriate or divert.
    38th the people's Governments above the county level shall transport, financial and auditing departments in accordance with their respective mandates, responsible for supervising the rural highway construction and maintenance funds using checks.
    Fifth chapter penalty is 39th article violation this approach sixth article provides, in raised rural highway construction funds process in the, forced to units and personal fund-raising, forced farmers show, and preparation of, by superior Government traffic competent sector or this level Government ordered deadline corrected; late not corrected of, on directly is responsible for of competent personnel and other directly responsibility personnel by its competent sector or monitored organ law give disposition.
    40th article violates this approach set forth in 29th, 30th, and a violation of the People's Republic of China Highway Act and the relevant provisions of the regulations of the highway service management in Fujian province, shall be subject to punishment.
    41st disobey article 37th, intercept or appropriate or divert funds of rural road construction and maintenance, by superior transportation departments of people's Governments or the people's Governments at the corresponding level a rectification; fails, supervisor directly responsible and other persons directly responsible shall be investigated by the competent authorities or supervisory organs shall be subject to punishment.
    42nd levels of rural highway management and staff abuse their powers, neglect their duties, favoritism, corruption and bribery, disciplined by the Department or the supervisory organs, constitute a crime, criminal responsibility shall be investigated according to law.
      Sixth chapter supplementary articles article 43rd these measures as of June 1, 2008.