Key Benefits:
(Summit No. 52 of the Metropolitan Government of 31 August 2005 to consider the adoption of Decree No. 120 of 13 September 2005 of the Metropolitan People's Government Ordinance No. 120 of 1 November 2005) Article 1 In order to strengthen administrative oversight in rural and urban planning, the effective implementation of rural and urban planning is guaranteed, in accordance with the laws, regulations, such as the National People's Republic of China Urban Planning Act, the Administrative Law Enforcement Regulation of the Sichuan Province, to develop this provision in the context of urban realities. Article 2 This provision applies to the supervision of urban and rural planning administrative actions within the city's administration. Article 3 Urban and rural planning oversight by the municipal planning authority. The Urban Planning Enforcement Monitoring Authority is an implementing agency for rural and urban planning oversight in this city, responsible for the specific implementation of this provision. Sectors such as urban inspection, land, construction, environmental protection, business, urban hosting, parking, municipal administration, housing, economic, urban administration and law enforcement are coordinated with urban and rural planning monitoring in accordance with their respective responsibilities. Article IV Urban-rural planning oversight has been implemented. The planning supervisors should have more than 2 personnel in the performance of their duties and present administrative oversight documents. Urban-rural planning monitoring is in place. The Urban Planning Authority should report regularly to the Government of the city on planning oversight. Article 5 (Social oversight) Urban and rural planning monitors the implementation of the People's Monitoring System, which is developed by the Urban Planning Authority. Civil, legal and other organizations have the right to report to the Urban Planning Enforcement Monitoring Authority in violation of the administrative acts of urban and rural planning; and the Urban Planning Enforcement Monitoring Authority should investigate them in a timely manner. The Urban Planning Enforcement Monitoring Bureau should make public reports of telephones accessible and confidential. Article 6 The following planning administrative acts should be dealt with in an investigation and, as appropriate, a proposal for a planning inspection review (hereinafter referred to as the Recommendations) or a planning inspection decision (hereinafter referred to as “the Decision”). (i) Develop planning without review, disclosure, approval or filing in accordance with the statutory procedures; (ii) No urban (commune) and village, overall planning, planning, historical cultural protected area planning, as prescribed; (iii) Authorize planning units that do not meet the requirements for qualifications or eligibility management; (iv) In violation of the provision for the adjustment of mandatory elements; (v) The location of construction projects violates urban and rural planning; (vi) In violation of the mandatory elements of urban and rural planning, approval of the construction of land-based planning licences or construction of engineering planning licences; (vii) The construction of residential, commune or other facilities in violation of villages, town planning or procedures; (viii) The identification was adopted for projects that were not in line with the planning of the receipt. Article 7 The following law enforcement actions in the planning administration sector should be investigated and, as appropriate, the Recommendations or the Decision. (i) To refuse to receive reports of violations of the construction of the law or to receive post-application and delays in the investigation; (ii) The discovery or detection of administrative penalties and treatment after the construction of a violation; (iii) Reservations for severe impacts on rural and urban planning should be removed; (iv) The investigation of violations of the construction process; (v) Execution or non-implementation of criminal construction units (persons) to carry out administrative sanctions and to deal with decisions; (vi) It means that units (persons) that make, award, give up their duties are responsible for halting the construction, removal of deadlines or forfeiture of the construction (construction) are restored. Article 8 In the planning process for rural and urban areas, other administrations have been found to be involved in the commission of planned offences, and the authorities should be informed. Article 9 Legislation, regulations and regulations stipulate that other planning administrative acts monitored by the planning administration should be monitored. Article 10 The Recommendations, Decisions, made by the Urban Planning Enforcement Supervisory Authority, should contain the following matters: (i) The name and address of the supervisory; (ii) Violations; (iii) Legal basis; (iv) Modalities and deadlines for the fulfilment of the oversight obligations; (v) The name and date of the organ of the instrument and the seal. The Recommendations or the Decision are reproduced to the same-level people of the supervisor. Article 11 Planning oversight, including through regular inspections, day-to-day inspections, special inspections and case-by-case surveys, is carried out through, inter alia, receipt of correspondence visits, complaints, administrative review, project readiness. Article 12 Planning oversight is carried out according to the following procedures: (i) Identifying the subject, content and programme of work; (ii) Organizing oversight; (iii) A monitoring report; (iv) The discovery of violations of administrative conduct and the organization of investigations in accordance with prescribed procedures; (v) The supervisory body responsible for the enforcement of administrative acts in violation of the law has taken a decision to deal with the law and the transfer of the relevant sector by functional division of labour; (vi) To inform the supervisor of the findings and the decisions taken; (vii) Follow-up on the implementation of decisions. Article 13 In the course of the oversight, the supervisor has the following functions: (i) Inspection, survey and inspection of the office of the supervisory or the operation of the relative administration; (ii) To request the supervisor to submit documents, archives and materials related to oversight matters; (iii) To request the supervisor to explain and clarify issues related to oversight matters; (iv) Survey of information to relevant units and personnel; (v) To put an end to violations of urban and rural planning; (vi) Recommended that the relevant authorities fulfil their statutory responsibilities; (vii) Other mandates under laws, regulations and regulations. Article 14. During 15 working days from the date of receipt of the Recommendations, the supervisors will investigate the situation in response to the Urban Planning Enforcement Monitoring Bureau and report to the same-level people's Government. Upon receipt of the Decision by the supervisor, the changes should be completed in accordance with the content and duration of the Decision, which will respond to the municipal planning enforcement oversight office and to the same-ranking people's Government. The supervisor objected to the Recommendations or the Decision, which could make a written objection to and accompany the relevant material within five working days from the date of receipt of the Recommendations or the Decision, and the Municipal Planning Enforcement Supervision Bureau within five working days of the receipt of written objections. The Decision was not discontinued during the objections. The supervisor is of the view that the Municipal Planning Enforcement Supervisory Authority is in breach of the supervision or abuse of its functions, and can lodge complaints to the municipalities, such as inspection, personnel, the rule of law and planning. Article 15 The Government of the people at all levels of the city shall be responsible for overseeing the treatment of the Recommendations or the Decision. Article 16 The supervisor has not been able to process the recommendations within the time frame or to complete the changes in the Decision, which are criticized by the same-level people's Government or by the superior administrative body, for the period of time being changed. There are serious consequences that are taken by the competent authority to administratively dispose of the person responsible and the person directly responsible. National staff who do not cooperate or prevent or obstruct oversight are subject to administrative disposition by the competent authority to the competent and direct responsibility. Article 17 Planning supervisors have one of the following conditions in the course of oversight, subject to the relevant provisions, and constitute crimes and hold criminal responsibility under the law: (i) The use of administrative law enforcement supervision as a unit or a person for private gain; (ii) Disadvantages or ultra vires resulting in grave consequences; (iii) To reject the admissibility of the complaint, causing adverse impacts and consequences; (iv) There are other illegal administrative acts. Article 18 In carrying out its functions, the Urban Planning Enforcement Monitoring Bureau found cases that were not under the jurisdiction of the sector and should be transferred in a timely manner to competent departments. Article 19 This provision is explained by the Office of the Rule of Law of the Metropolitan Government. Article 20 This provision was implemented effective 1 November 2005. |
