Advanced Search

Fushun City, Village Or Town Planning And Construction Management Approach

Original Language Title: 抚顺市村庄和集镇规划建设管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted at the 39th ordinary meeting of the Government of the commune on 19 January 2007 and issued by Decree No. 125 of 24 January 2007 in response to the Order of the People's Government of the city, effective 1 March 2007)

Chapter I General
Article I, in order to strengthen the management of villages, the planning of the town, improve the production and living environment of villages, collects towns, develops this approach in line with the relevant provisions of the Department of State's Regulations on Planning for Villages and Towns.
Article 2 Exceptions of the construction of all collective land by the State.
Villages in urban planning areas, the development and implementation of town planning are implemented in accordance with the People's Republic of China Urban Planning Act and the Modalities for the implementation of the People's Republic of China Urban Planning Act.
Article III refers to the villages described in this approach, which refer to the residency of rural villagers and the various production merging points.
This approach refers to the town of communes, the location of the National People's Government and the non-constitutional town, which is recognized by the communes as a regional economic, cultural and living service centre in rural areas.
The approach refers to villages, town planning areas, which are described in the scheme, to areas where the villages, towns have been built and are subject to planning control as a result of the villages, town construction and development needs. The specific scope of the village, the town planning area is determined by the overall planning of villages and towns.
Article IV. Villages, urban planning and management should be consistent with the principles of rationality, cost-effective production and accessibility, comprehensive planning, integrated development, matching economic benefits, social benefits and environmental benefits.
Article 5 Urban and urban construction committees are administrative authorities in the village of the city and in the planning of the town.
Provincial and district governments build administrative authorities and communes, and the town's people's government are responsible for the management of villages within the Territory, the planning of the town.
In line with their respective responsibilities, the relevant sectors of the population at all levels are working together in the management of villages and town planning.
Chapter II
Article 6. Villages and towns must be planned. No construction is planned and planned without approval.
Villages, town planning are divided into medium- and recent planning periods: 10-20 years in the medium term, from 3 to 5 years.
Article 7. Villages, the overall planning of the town and the planning of the town, organized by the communes, the Government of the Towns, under the guidance of the executive authorities of the state, the Government of the communes, the People's Congress to review the approval of the communes, the communes' governments and to report on the establishment of administrative authorities by the city's people.
Village-building planning is organized under the guidance of the district and the Government of the People of the Region, by the communes, the Government of the town, with the participation of the villagers' conference or village representatives to discuss the adoption of the villagers' conference, the approval of the district, the Government of the people of the region and the preparation of the municipal authorities.
The planning of the villages and towns must be delegated to the planning design units with planning qualifications.
Villages, urban planning should be based on district domain planning, agricultural sector planning and overall land-use planning, and be coordinated with professional planning in the relevant sectors.
Villages, town planning should be in line with the requirements of the National Village Planning Approach, and the indicators such as the interconnection should meet the relevant technical provisions of the National Village Planning Standards.
Article 9. Villages and town planning for approval should be accompanied by referral reports, status analyses, planning papers, planning texts, planning notes.
Upon receipt of the delivery of the trial documents by the State of the District, the relevant departments and expert evaluations should be organized in a timely manner, with approval decisions based on the evaluation results.
Article 10
(i) Village systems in the town administration area;
(ii) Villages, the location of the town, the planning line;
(iii) The nature of the town, the direction of development and the scale of population development;
(iv) Overall arrangements for public-use facilities such as villages, transport, water supply, drainage, electricity, postal, communications;
(v) The size and distribution of the area of construction in the town planning area;
(vi) The allocation of major public buildings such as communes, institutions within the town administration, education, health, and culture;
(vii) Professional planning such as disaster prevention and environmental protection.
Article 11 Planning for villages, townships must be based on their overall planning and should include the following key elements:
(i) Arrangements for public-use facilities such as transport, water supply, drainage, electricity, postal, communications and the configuration of public buildings, such as education, medical, sanitation, culture;
(ii) The scale, down and direction of construction;
(iii) Economic, technical indicators;
(iv) Arrangements for greenization, sanitation, environmental protection and disaster prevention;
(v) Requirements for the protection and development of landscapes;
(vi) Recent construction projects, as well as a focus on building blocks and a shift in priority buildings.
Article 12 The villages and spousals of less than 50 people in the plain area, less than 30 in mountainous areas should be progressively concentrated. It is important to control existing sizes and no units and individuals may expand their land to determine villages that are moving progressively.
Article 13 has been approved for village, town planning, published by communes, the people of the town, and any units and individuals are not allowed to change.
In accordance with socio-economic development needs, the commune People's Congress agreed that the commune government could adapt to the commune planning of the town, which, with the consent of the Village People's Conference, can adjust the village planning department. Villages adjusted by the Ministry and town planning should be reported to the provincial and district governments.
In relation to the nature, size, direction of development and significant changes in the village, the composition of the town, and in accordance with the procedure set out in article 7 of this approach.
Chapter III
Article 14. Construction within the area of village, town planning should be in line with village and town planning.
New construction, alteration, expansion of buildings, construction and other construction facilities must be carried out within the areas of village, town planning.
Article 15. Rural villagers are to construct homes in the village, town planning area, and shall apply for construction to the Collective Economic Organization of the village or to the Village Council, after discussion at the villagers' conference, in accordance with the following approval procedures:
(i) The use of the original home base, the interior of the village and other construction sites, which are reviewed by the communes, the communes' government on the basis of villages, town planning and land-use planning, and approved by the Government of the District and the People's Republic;
(ii) The use of arable land or land without exploitation shall be subject to approval by the communes, the communes, the communes and the local governments to establish administrative authorities to review their consent and make the choice of the address, and shall apply to the land management authorities of the land of the communes in accordance with the Land Management Act for approval by the Government of the more than the people at the district level.
Rehabited villages, workers from the town, veterans and recuperation, the retirement cadres, and the communes of the town, the need for the use of all collective land building homes in the village, the town planning area, in accordance with the approval procedure set out above.
Article 16 provides units and individuals for the construction of enterprises in the village, town planning area, and shall be subject to the following procedures:
(i) The design task book or other approval documents approved by the Government of the people at the district level for the establishment of administrative authorities in the district, the people of the region;
(ii) The establishment of administrative authorities in the district and the people of the region shall, within 15 days of the date of receipt of the request, establish the location and scope of the construction project, in accordance with the nature of the planning requirements and the design conditions for the construction of the project, as well as provide a choice of address;
(iii) The selection of sites and related documentation for the construction of administrative authorities in the district, the people of the region, and the land management of the land administration of the zone and the communes, apply for the construction of landing procedures.
Article 17 builds public facilities, public utilities in the village, town planning area, and needs to be reviewed by the communes, the town's people, and the establishment of administrative authorities in the district, to review their consent and to make a choice of location, and to apply for the processing of land procedures to the land management authorities of the communes.
When the construction unit obtains a candidate's opinion, it should proceed in a semi-annual manner with the construction of a user-friendly process that is overdue and the choice of the address. All units and individuals shall not be allowed to change their land use without the approval of the original approval authority.
Article 19 requires the removal of villages, the assembly of existing buildings and other facilities in the town planning area, without any unit or individual obstruction.
No units and individuals may be authorized to establish new construction, alteration and expansion of homes in villages where demolitions have been removed, and in the area of assembly.
Chapter IV
Article 20, the construction of the town should be guided by the principles of the design of the economy, application, security and the United States of America, in line with national and local provisions for resource savings, resilience to disasters, reflecting local features and national winds, and in coordination with the surrounding environment, promoting the adoption of new processes, new structures, new materials and new technologies.
Article 21, Cross-scale, cross-cutting across the urban planning area, or construction works with a high level of more than 4.5 metres of enterprise, public facilities and public goods, as well as more than 2 (including 2), must be designed by units that have the corresponding design of qualifications certificates or by selecting generic design, standard design.
Article 2 works in construction activities such as homes, public buildings and production buildings, infrastructure, utilities and facilities works in the village, town planning area should be certified at a corresponding level.
The construction project, such as enterprise, public facilities and public goods, should be preceded by the start-up of the construction of an open-ended business application by the establishment of administrative authorities at the district level, with the approval of the design, construction conditions by the Government of the people at the district level.
Priorities for the construction of homes for rural residents, the choice of residences and land approval documents were sent to the communes, the Government of the Towns for the conduct of business.
Article 24 builds administrative authorities at the district level, and the commune and town governments shall review the requirements and standards in accordance with the relevant provisions and criteria within 15 days of the date of receipt of the request for commencement.
Article 25 The construction unit shall be constructed in accordance with the design of the paper. The design of map papers must not be amended by any means of change and should be agreed by the original design units.
The construction unit should guarantee the quality of the work in accordance with technical norms, technical standards.
Article 26 villages, cross-sections in the area of assembly planning, more than 9 m, or construction works with a high level of more than 4.5 metres of enterprise, public facilities and public goods, as well as the construction units within 15 days from the date of completion of the construction work, shall be completed by the construction of the construction of the construction work inspection reports, as well as by the construction of administrative authorities by the sector's people.
Unless experienced receipt or inspection of non-qualified works are not allowed for use.
Article 27 provides for documentation, photographs and information relating to village, town-building management, and the establishment of administrative authorities in the district, the people of the region, the communes and the commune governments should collate the files and keep them in custody. After completion of the construction work, construction units should be transferred to the construction of the project file within three months to the provincial and district governments.
Chapter V
Article 28 provides for the registration of property rights in villages, creed homes. Villages, houseowners in urban planning areas or operators authorized by the State shall be allowed to establish administrative authorities in the district, the people of the region to register their property rights, and to receive the Home Title certificate. Unregistered houses shall not be traded.
Article 29 Changes in home property rights should be made by the parties to establish administrative authorities for housing property changes within three months of the change in the place of the house and the construction of the territorial Government.
After the new construction, alteration and expansion of homes have been completed, the owners of the homes should conduct home property registration procedures within three months to the district and the territorial Government.
No units and individuals shall be authorized to construct temporary buildings, constructions and other facilities in places such as villages, streets, squares, markets and vehicle stations.
Article 31 prohibits:
(i) Self-governing;
(ii) Removal of construction materials, garbage, fertilizers, firewood and other blends by designated locations;
(iii) Damage or deforestation of villages, poultry on the two sides of the town and public places;
(iv) Removal, dumping and sewerage to villages, towns and public places;
(v) Damages to villages, assembly of public facilities in town;
(vi) Urgently hiding, painting, posting advertisements and publicity on buildings on the streets;
(vii) Other laws, regulations.
No unit or individual may destroy or undermine the facilities such as the destruction of villages, the archaeological monuments in the town, the treasury trees, winds and postal, communications, military, anti-alkali, transformation, pipeline.
Chapter VI Legal responsibility
Article 33 has not been established in the area of village and town planning under the planning approval process, which is sanctioned by the establishment of administrative authorities in the district, in accordance with the following provisions:
(i) A severe impact on villages, town planning, and a halt to construction and a deadline for the removal of illegal buildings;
(ii) Impacts on villages, town planning, corrective measures are still being taken and the time limit is being changed and fined up to $50 per square kilometre in accordance with the area of the construction of the ground in conflict with the law.
Article 34, article 21, article 22, article 25 of this approach stipulates that one of the following acts is committed by the establishment of administrative authorities in the district, the people of the region to stop design or construction, and that the period of time is being changed, with a fine of up to 5,000 dollars:
(i) Without the design of qualifications certificates, the construction of cross-cutting, cross-cutting and highly beyond mandated works, and the design tasks of the above-six-size-fits-all accommodation, or the assignment of design tasks in accordance with the scope of operation provided for in the design of the qualifications certificate;
(ii) No certificate of wage quality or assignment of construction tasks in accordance with established scope of operation;
(iii) No construction or unauthorized modification of the design of the paper;
(iv) No construction or use of construction materials and construction components that are not in line with the relevant technical provisions.
In violation of article 33 and article 31 of this approach, the following acts have been committed by the communes, the Government of the town and the people of the town, in accordance with the following provisions:
(i) To authorize the construction of temporary buildings, constructions or other facilities, to be dismantled for a period of time, with a fine of up to 100 million dollars;
(ii) Incushion of construction materials, garbage, fertilizers, firewood and other trajectorys, with the deadline for clearance, which was later uncorrected, with a fine of up to $50 million;
(iii) Damages to villages, the public facility of the town, compensation, which may be fined up to $50 million.
Article 36 of this approach violates or undermines the destruction of the villages, the monuments in the town, the treasury trees, the head of the landscape, and the facilities such as postal, communications, military, antilogy, transformation, fuel pipeline, etc., which are sanctioned by the authorities in accordance with the relevant provisions of the relevant laws, regulations.
Article 37 Construction of village and town management staff toys negligence, abuse of authority, provocative fraud, is administratively disposed of by their units or superior authorities, which constitute criminal liability by law.
Chapter VII
Article 38 of this approach is implemented effective 1 March 2007.