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On Amending The Xi ' An City Of Xian Municipal Urban Construction Comprehensive Development Project Of The Interim Measures For The Administration Of The Decision

Original Language Title: 西安市人民政府关于修改《西安市城市建设综合开发项目管理暂行办法》的决定

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(Adopted by the 51st ordinary meeting of the People's Government of Western Annai on 4 June 2004 (Act No. 37 of 15 August 2004 on the date of publication)

Article 25, paragraph 1, was amended to read: “In the course of the development of the project, the development units are required to be implemented jointly with other development units for reasons such as funds, and the units involved in joint development should be in line with national regulations relating to the management of enterprise qualifications in real estate development”.
Article 27, paragraph 1, was amended to read: “In the case of the completion of the project, the development unit shall organize the receipt, receive no experience or receive it, and shall not be delivered”.
Article 28, paragraph 7, reads as follows: “In violation of article 27 of this approach, the delivery of use without experience or the non-qualified delivery of the period of time is correct and may be punished with a reduced standard of remuneration”.
Article 34 was deleted.
In addition, the order of the provisions is adjusted accordingly in accordance with this decision.
This decision is implemented since the date of publication.
The provisional approach to the management of integrated urban development projects in the city of SAAA was released in accordance with this decision.

Annex: Provisional approach to the management of integrated urban development projects in Western Annai (Amendment (2004))
(Adopted by the Government of the city of 25 April 1996 on the basis of the Decision of the Government of the city of 22 November 1999 on the revision of the Provisional Approach to Integrated Urban Development in the city of Western Andi, in accordance with the Decision of the Government of the city of 15 August 2004 on the revision of the provisional approach to the management of integrated development projects in the city of Western Annai
Chapter I General
In order to strengthen the management of integrated urban development projects in this city, the overall planning of cities is ensured, the implementation of urban construction is promoted and the establishment of this approach is based on the National People's Republic of China's Urban Property Management Act and relevant national legislation, regulations and regulations.
Article 2 engages in integrated urban development and integrated development project management within the national land area of urban planning, which should be followed.
Article 3. Integrated urban construction projects described in this approach (hereinafter referred to as development projects) refer to construction projects for infrastructure and housing development in land that obtain national land rights under the law.
Article IV, the Urban and Rural Construction Commission, is the competent authority of the Integrated Urban Development Project in this city. The Integrated Urban Development Management Office, the Office for Foreign Investment Development in Western Annai, the Business Property Management Office (hereinafter referred to as COMDA) is specifically responsible for the management of integrated urban development projects in this city.
Chapter II
Article 5 Development projects should be based on urban economic development plans and urban overall planning, in line with the principles of economic efficiency, environmental benefits and social benefits.
Article 6. Overall planning and annual capital master plan for the integrated development of land, co-sponsored by the Urban Construction Commission and the administration sector, such as municipal plans, land, planning, property, etc., are carried out after the approval of the LDA People's Government.
Article 7 Development projects are defined by the WCDC in the relevant administrations, such as municipal plans, land, planning, in accordance with the principle of joint office, centralized approval, subsector processing, and key projects are to be reported to the Government of the city.
Article 8 Prior to the development of the land-use rights of the project, the Urban Development Office is responsible for organizing requests for sectoral planning, development time frames, infrastructure and the construction of the infrastructure and accompanying buildings, removal indemnity settlements, and for the publication of the Housing Development Project Building Terms.
The Terms of Reference for Real estate Development Project shall include the following:
(i) The nature, size and duration of the project;
(ii) Planning control indicators and planning design requirements;
(iii) Infrastructure and public service infrastructure construction requirements;
(iv) The definition of property rights after the construction of infrastructure and public goods;
(v) Removal requirements for projects;
(vi) The manner of operation of the project.
The content of the Terms of Reference for Real estate Development projects is a mandatory provision for land use.
The determination of the project development unit of Article 9 shall be carried out in the form of solicitation, auction or agreement, with the solicitation.
The Article 10 project development unit shall be located within 15 days of the signing of a land-use transfer contract with the land administration, to the municipal development office.
Following the establishment of the development project, IDA should urge the development units to strictly implement the project's detailed planning requirements, to protect the interests of the parties involved in the development projects in accordance with the law and to manage the project in the course of its implementation.
Implementation of development projects
The Article 12 project develops a contractual liability management system, while the project development units are in receipt of the project review document, the Property Development Project Manual, which shall be subject to the signing of a project contractual liability letter with IL.
The contractual responsibility of the project includes the following key elements:
(i) Project name;
(ii) Project implementation units;
(iii) Project area, planning of construction area, overall investments;
(iv) Project-building financial certificates, opening banks, fund accounts;
(v) Planning requirements and accompanying construction requirements for projects;
(vi) Requirements for project quality assurance;
(vii) The duration of the work of the project and the construction period;
(viii) Requirements for completion of the project;
(ix) Project industry management requirements.
The development units for the development of projects should be strictly implemented in accordance with the provisions of the project's letter of responsibility.
Article 14. The development units shall select units with a corresponding level of qualifications to undertake survey, planning, design and construction tasks in accordance with the relevant provisions.
Article 15. The development units must carry out projects and their accompanying facilities in accordance with approved requirements for detailed construction planning.
Article 16, which causes delays in the development of movable workers due to force majeure or government, government departments, or work development needs for the previous period, shall apply for extensions to ICRM in a timely manner, for a maximum period not exceeding six months.
Article 17
(i) Removal of the project by changing its use for national priorities or other special needs.
(ii) The project has been passive, but it cannot continue to build, recover the project and adjust it to other units.
(iii) The roll-out of the development of the project by the development unit has not yet been opened for more than one year, as provided for in the contractor's letter of responsibility or beyond the time period specified in article 16 of the scheme.
After the cancellation of the project of the development unit, the right to land use of its projects shall be cancelled and shall be governed by the relevant procedures.
Chapter IV Management of development projects
Article 19 provides a follow-up monitoring and guidance to the entire process of development projects.
Article 20 Development units shall review, approve and process the business activities of the development units in the main matters relating to the implementation phase of the development project and the related administration sector.
The Development Unit shall transmit the Property Development Project Manual to the City Development Agency for Nuclear Tests every biannual and project implementation phases.
Article 21 Development units must send the relevant statistical statements to the City Development Service on a quarterly basis.
Article 22 Development projects that are consistent with the following conditions may be transferred.
(i) Under the State's land contract, all land-use rights have been paid and land-use certificates have been obtained;
(ii) An investment development under the State's agreement on a contract for land, which is part of the construction of homes, must be completed by more than 25 per cent of the total investment in development; it is part of the development of a piecemeal land, which must form industrial land or other building land conditions.
In developing project transfers, land-use rights were also transferred.
Article 23 provides for the construction of places of relocation for residents without transfer.
Article 24
(i) Prior to the transfer of development projects, the transferee and the licensor must enter into a written transfer contract and the contract shall not violate the relevant provisions of the State's relevant laws, regulations and the municipality;
(ii) The transferee's project transfer contract and the publication of the information on municipal development offices;
(iii) The transferee shall hold a project development approval document within 30 days of the date of the approval of the project to conduct the registration of land-use change in the administration of the land-use transfer authority;
(iv) The transferee has a land-use change document and a letter of responsibility for project contracting with the Urban Development Office. The original proposal of contractual responsibility for the project was not valid.
In the course of the development of the project, the development units are required to be implemented jointly with other development units for reasons such as funds, and the units involved in joint development should be in line with national regulations relating to the management of enterprise qualifications in real estate development.
Private joint development is prohibited.
Article 26 Transfer of basic construction projects to development projects shall be submitted for approval by the Urban Development Agency and, at the request of the development project, to supplement the procedures. Without approval, basic construction projects cannot be converted to development projects.
Following the completion of the development of the project, the development units should organize the receipt, receive no experience or receive it, and not allow delivery.
The comprehensive test should include the following:
(i) The implementation of planning requirements;
(ii) Whether infrastructure and public service facilities are constructed;
(iii) The completeness of the single work quality test process;
(iv) The implementation of the relocation indemnity scheme;
(v) The implementation of the management of the material industry;
(vi) Other.
Chapter V Legal responsibility
Article 28 Violations of this approach are punishable by municipal construction committees by:
(i) In violation of article 20 of this approach, a fine of more than 1,000 dollars shall not be paid in real terms or in accordance with the time specified for the testing of the Property Development Project Manual;
(ii) In violation of article 22 of this approach, the transfer of development projects, the recovery of projects, and, in the light of circumstances, the penalties for reducing the level of qualifications or the suspension of the award;
(iii) In violation of article 23 of this approach, the order is correct, with a fine of up to $100,000, and may remove the eligibility for development;
(iv) In violation of article 24 of the present approach, the period of time for the period of time was changed to a fine of more than 100,000 dollars;
(v) In violation of article 25, the imposition of a fine of up to 100,000 dollars without the approval of the joint development, and the reduction of the level of money is punishable;
(vi) In violation of article 26 of the present approach, the transfer of the construction project to development projects without the approval of the transfer of the construction project to the development project, the duration of the project development process, the late non-exclusive process and the removal of the development qualifications of the development units;
(vii) In violation of article 27 of this approach, the time limit is being converted by the failure to collect or receive the unqualified and non-acceptably, and can be punished with a reduced standard of remuneration.
The twenty-ninth approach is followed by new provisions in national legislation, legislation and regulations, which are provided for by it.
Article 33, in accordance with the penalties imposed under this scheme, shall pay the city's finance in full and shall use the financial sector to harmonize the unpredicted instruments.
Article 31 does not determine administrative penalties and may initiate administrative review or administrative proceedings in accordance with the provisions of administrative review laws and administrative proceedings. The administrative organs that have made a penal decision may apply to the People's Court by law for enforcement without delay for administrative review, prosecution and punishment.
Article 32 Development project managers play a role, abuse of authority, bribery, offences, criminal responsibility by the judiciary, and non-crime and administrative disposition by their units or superiors.
Annex VI
Article 33 implements the approach in the light of this approach by means of a virtuous zone, a veteran area, a long-size zone and a city.
Article 34 of this approach is implemented since the date of publication.