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Heilongjiang Provincial People's Government On The Revision Of The Decisions Of The Management Of Rural Construction In Heilongjiang Province

Original Language Title: 黑龙江省人民政府关于修改《黑龙江省乡村建设管理办法》的决定

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(Conducted from publication No. 13 of the People's Government Order No. 13 of 20 October 2006)

The Government of the people of the Blackang Province has decided to amend the Rural Construction Management Scheme in the Blackang Province as follows:
Article 5, paragraph 2, was deleted: “Rural planning construction costs should be charged in accordance with the relevant provisions of the State and the province and subject to the required use of expenditure”.
Paragraph 3 of Article 6 was amended to read: “The management of rural construction systems in the Provincial Agency for Agriation and the provincial directorate of Sonce Workers is responsible for the construction of administrative structures in the Governor of the Provincial Agriation and the Governor of the Province.”
Article 16 was amended as follows:
(i) The need for the use of arable land is subject to the approval by the commune (communes) Government of the communes, the review of consent by the district-level Government's executive authorities and the selection of sites, and the transfer of land by the land management authorities of the county (commune) in accordance with the land management legislation to the land administration of the communes, with the approval of the PA.
The use of the original home base, in-house and other land houses is approved by the commune (communes)-level people's governments in accordance with villages, town planning and land-use planning;
(ii) Village-building projects, which must be approved by the local people's governments at the district (communes) level or other approval documents, apply to the local government-building administrative authorities in the district (commune) to establish a place of choice, and the establishment of administrative authorities at the district (commune) level may be transferred to land management in accordance with the law;
(iii) The construction of public facilities in the village (communes) and public goods, subject to the approval by the commune (commune) Government of the commune (communes) and the establishment of administrative authorities to review their consent and make the choice of residences, which may be transferred by land management in accordance with the law to the land management of the population at the district (market) level.
Construction units or individuals may start work after the procedure is under the above-mentioned approval procedure.”
Delete article 23, “in which cross-commercial mandates are also required to conduct registration procedures for the people's government in the area of construction projects (communes).
V. Amend article 26 as follows: “Every house has a property registration system. The owner of the original house is required to obtain legal documents, such as the Civil Council of the Village; the owner of the new construction, alteration, expansion of the house is required to have a place of opinion, the commune (commune) government approval of opinions and land-use certificates, to the people of the home (commune) to apply for the registration of property rights, to receive the approval of the Collective Landownership Certificate, which is published by the Provincial Authority for the Construction of Administrative Services.
The sale, inheritance, grant and separation, transfer of homes requires the parties to have the relevant documents such as the Collective Land Housing Rights Certificate, the Land Use Certificate, and the procedures for land-use and housing change, with the consent of the Government of the home location (communes), after the approval of the Government of the People's Government, the Land Administration authorities of the People's Government and the construction of administrative authorities.
The leasing management approach for collective land houses has been developed by the municipalities and the local governments.”
Delete the “planning area” in article 27.
Amendments to the “Administrative Review Regulations” in article 33 are “The People's Republic of China Administrative Review Act”.
Article 33 quater reads as follows: “Rural construction managers at all levels of the people's government are toys negligence, abuse of authority, provocative fraud and corruption are subject to administrative disposition by their units or superior authorities”.
Article 335 was amended to read: “A refusal, obstruction of village-building managers to perform their functions in accordance with the law and to bring the relevant sectors to justice”.
Article 36 was amended to read: “Agriculture, forest, pastoral, site and residential points outside urban planning areas are implemented in the light of this approach”.
Article 57 was deleted: “This approach is explained by the establishment of administrative authorities in Blackang Province”.
In addition, the order of the provisions was adjusted.
This decision is implemented from the date of publication.
Following the consequential changes in the village-building management approach in the Blackang Province, this decision was renewed.

Annex: Rural construction management approach in the Blackang province (Amendment 2006)
In order to strengthen rural construction management, to create a good rural production and living environment, to promote the harmonious development of the rural economy and the construction cause, and to develop this approach in line with the relevant laws, regulations and national provisions.
Article 2 refers to the village where the commune is located (excluding the construction of the town, under the same conditions) and the villages under the town.
Article 3 provides for the development and implementation of village planning, construction of homes, public buildings, production of buildings, infrastructure and the management of construction facilities and village profiling in rural planning areas, and must comply with this approach.
Article IV. Village construction should follow the “Comprehensive planning, right orientation, reliance on the mass, self-reliance, local fitness and progressive construction” approach, with a view to renovating and new construction to focus on townships, rationally, cost-effectively, integrated arrangements and coordinated development.
Article 5 Urban maintenance taxes charged by law in rural areas should be used for the maintenance and construction of rural infrastructure.
Article 6
The Government of the commune (communes) has led in unity and is fully responsible for the management of rural construction in the communes (communes) and specifically for the management of rural construction agencies or the construction of assistants.
The management of village construction systems in the Provincial Agriation General and the provincial directorate of Syson works is responsible for the construction of administrative structures by the Governor of the Ministry of Agriculture and the provincial directorate.
Article 7. Village-building managers at all levels of the people's Government have the right to inspect village-building activities in the current administration area, in accordance with the inspection documents issued by provincial executive authorities, to deal with violations of the provisions of this approach. The inspector shall provide the information and the necessary information.
All villages in Article 8.
Rural development and implementation in urban planning areas should be implemented in accordance with the provisions of the People's Republic of China Urban Planning Act.
Article 9. The development of rural planning should be guided by the following principles:
(i) Be based on the actual situation of the local natural environment, resource conditions, history and status, and in line with the collective economy and the living standards of farmers;
(ii) Based on local economic, long-term social development planning and in coordination with specialized planning in the relevant sectors of land use in general planning and agriculture, water, environmental protection, townships and business;
(iii) Active production and accessibility;
(iv) Implementation of relevant normative and technical economic indicators developed by States and provinces.
Article 10. Village planning is divided into the overall rural planning and assembly of towns and village construction planning.
Article 11. Overall rural planning is based on communes (communes) administrative areas. Its contents include communes, nature, size, direction for development, transport, electricity, mailing, mailing facilities, arrangements for greenization and major production projects in the communes and villages.
Article 12 Towns and village-based planning should be based on the overall planning of villages, which are based on the planning range of areas where the town is assembled, the villages are built and their long-term development needs. Its contents include the construction of the Budddd Authority, such as home, public buildings, production of buildings, infrastructure, the size of the ground, the direction of development and related technical economic indicators, the recent construction plan, as well as the shift in the focus area of construction projects.
Natural disasters such as flooding, earthquakes, and villages, such as natural disasters, should be established in accordance with national and local relevant provisions or subject to the necessary adjustments in rural areas.
Article 13. Preparation and approval procedures for rural planning:
(i) Overall rural planning and urban construction planning, organized by the People's Government of the commune (communes), which was adopted by the People's Congress on behalf of the People's Congress, and approved by the Government of the People's Republic (Central City);
(ii) Village-building planning, prepared by the People's Government of the commune (communes), which was adopted by the Village Representatives or the Village People's Congress, with the approval of the People's Government.
Article 14. After approval of village planning, the Government of the communes (communes) has been made public and, as a statutory document to guide and manage rural construction, is strictly enforced and any unit and individual may not be able to adapt and change.
The Government of the communes (communes) is required to restructure the Ministry of Accommodation, Village-building planning in accordance with the changes in rural economic and social development, and to report on the status of major changes, such as the nature, planning, development orientation and the overall Budddd Authority.
Article 15. Provincial, municipal (governing), district (communication) builds administrative authorities and communes (communes), and implements a unified planning management for land and construction activities in approved townships, village construction planning areas.
The selection point for various construction projects in the town, village-building planning area must be in line with the requirements for construction planning.
Article 16 Procedures for the approval of construction in towns and villages:
(i) The need for the use of arable land is subject to the approval by the commune (communes) Government of the communes, the review of consent by the district-level Government's executive authorities and the selection of sites, and the transfer of land by the land management authorities of the county (commune) in accordance with the land management legislation to the land administration of the communes, with the approval of the PA.
The use of the original home base, in-house and other land houses is approved by the commune (communes)-level people's governments in accordance with villages, town planning and land-use planning;
(ii) Village-building projects, which must be approved by the local people's governments at the district (communes) level or other approval documents, apply to the local government-building administrative authorities in the district (commune) to establish a place of choice, and the establishment of administrative authorities at the district (commune) level may be transferred to land management in accordance with the law;
(iii) The construction of public facilities in the village (communes) and public goods, subject to the approval by the commune (commune) Government of the commune (communes) and the establishment of administrative authorities to review their consent and make the choice of residences, which may be transferred by land management in accordance with the law to the land management of the population at the district (market) level.
Construction units or individuals may start work in accordance with the above-mentioned procedures.
Article 17 The construction units and individuals should submit to the commune (communes) the next year's initiative for construction projects by the end of each year, with a breakdown by the commune (communes) people's Government, the introduction of annual construction indicators and the implementation of the post-community (market) people's approval.
Article 18, which is approved for construction projects, shall not be altered by reason of content, size, location, criteria (excluding standards).
Article 19 Rural construction must implement laws, regulations, regulations and related provisions on environmental protection. Towns (communes), village industrial construction projects have to be implemented in parallel with the design, parallel construction and production of contaminated facilities.
Article 20 Rural construction designs should follow the principles of application, security, economy, and the United States of America, in line with national and local provisions on land-saving, energy, materials and combating disasters, and pay attention to the characteristics of times, local features and national winds.
The following rural construction projects are subject to the design of design certificates and the use of generic design maps, standard papers approved by design authorities:
(i) At the second and above levels of residence;
(ii) Cross-scale, cross-cutting or highly beyond the provincial establishment of public buildings, construction and infrastructure;
(iii) brick blend, steel confused, buildings, constructions and major construction components.
No units or individuals in Article 2 shall be allowed to modify the design map that allows for use, if required, with the consent of the original design cell.
The sale, transfer of non-documented maps and generic design maps approved by design authorities are prohibited.
Article 23 assumes construction tasks in rural areas, develops businesses and individual constructions, and must hold a certificate of qualifications, business licences and related documents and undertake corresponding village construction and development tasks in accordance with the approved hierarchy and scope of operation.
Article 24, construction enterprises and individual constructions that undertake construction tasks in rural construction projects, should be constructed in accordance with the relevant technical protocols, to ensure quality of construction and to refrain from using quality-neutral construction and construction materials.
The quality of the construction projects listed in Article 21 of this approach must be inspected by the establishment of administrative authorities in the district (communes); the quality of other works is subject to approval by village-building management agencies or construction assistants.
Article 25 (c) Establishment of administrative authorities and communes (communes) Governments should establish sound village-building files. Planning paper, design charts, construction records, approvals for quality inspection of works, certificates of property, basic survey information and related documents developed in construction should be compiled in a timely manner, without damage, distributing or being owned by individuals.
Article 26 houses of collective land are subject to a property registration system. The owner of the original house is required to obtain legal documents, such as the Civil Council of the Village; the owner of the new construction, alteration, expansion of the house is required to have a place of opinion, the commune (commune) government approval of opinions and land-use certificates, to the people of the home (commune) to apply for the registration of property rights, to receive the approval of the Collective Landownership Certificate, which is published by the Provincial Authority for the Construction of Administrative Services.
The sale, inheritance, grant and separation, transfer of homes requires the parties to have the relevant documents such as the Collective Land Housing Rights Certificate, the Land Use Certificate, and the procedures for land-use and housing change, with the consent of the Government of the home location (communes), after the approval of the Government of the People's Government, the Land Administration authorities of the People's Government and the construction of administrative authorities.
The leasing management approach for collective land houses has been developed by the municipalities and the local governments.
Article 27 (Central town) Governments and the relevant sectors should strengthen the management and protection of construction facilities such as assembly town, village houses, public buildings, production of buildings, infrastructure. Any unit or person shall not destroy and illegally occupy.
The Government and the relevant authorities should take measures to protect rural drinking water sources, improve the water condition of the population and use water quality to achieve the country's standard of living.
Article twenty-ninth residents of the rural population shall be subject to the provisions of the relevant laws, regulations and regulations in places designated by the Village National Council and shall not be physically disrupted.
Article 33 Rural residents should be afforestation and the United Statesized environment, as required by rural planning.
Village residents should garbage, firewood and manure at designated locations, and self-speaking town profiles and sanitation.
In violation of this approach, the following acts are punished:
(i) In violation of article 16, article 18, the construction of an administrative authority by the commune (commune) of the commune or district (commune) to stop construction and impose a fine on individuals in contravention of construction projects for each square kilometre to five years; and to impose a fine of 5% of the unconstitutional construction of works for unconstitutional construction. Other laws, regulations and regulations that violate land management are punishable by law by the relevant authorities;
(ii) In violation of article 19, the environmental protection sector is punished by the relevant laws, regulations and regulations governing environmental protection;
(iii) In violation of article 21, article 22, article 23, article 24, the establishment of administrative authorities in the district (markets) is punishable by provisions relating to quality of construction works and the management of the construction market. The Government of the commune (commune) can make recommendations for sanctions;
(iv) In violation of the provisions of article 26, paragraphs I, II, and in the case of the Government of the communes (communes) for the period of time to be completed, the imposition of fines from ten to thirty dollars;
(v) In violation of article 27, article 29, the Government of the commune (communes) is responsible for the change of the period of time, rehabilitation or compensation of the person responsible, and the failure to implement it has been brought to justice by the relevant authorities in accordance with the relevant legal, legislative and regulatory provisions.
Article 32 does not pay the same sum.
Article 33 The penalties unit and the individual's decision on administrative penalties may apply to the superior organs of the penal decision-making organs for review or prosecution to the People's Court, in accordance with the relevant provisions of the National People's Republic of China's Administrative Procedure Act and the National People's Republic of China Administrative Review Act, and, in accordance with the provisions of the Law on the Administrative Procedure of the People's Republic of China and the People's Republic of China, the organ responsible for the imposition of sanctions may apply for enforcement by the People's Court or enforcement by law.
Article 344, Village-building Managers at all levels of the people's Government, which play a role in neglect, abuse of authority, provocative fraud, corruption, are subject to administrative disposal by their units or superior authorities.
Article XV rejects and hinders village-building managers to perform their functions in accordance with the law and brings the relevant sectors to justice.
Article XVI is implemented in the light of this approach, taking into account agricultural, forest, pastoral, site and residential points outside urban planning areas.
Article 37 of this approach has been implemented since 1 September.