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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(June 4, 2004 Xian City Government 51st times Executive Conference considered through August 15, 2004 Xian City Government makes 37th, announced since announced of day up purposes) a, and 25th article first paragraph modified for: "in project of development process in the, development units for funds, reasons does needed and other development units joint implementation of, participate in joint development of units should meet national about real estate development enterprise qualification management of provides. "Second, 27th article is revised as follows:" after the completion of the development project, developer should organize acceptance, unqualified acceptance or acceptance, no delivery. "Three 28th, the seventh is amended as:" disobey article 27th, acceptance and delivery or unqualified acceptance and delivery, rectification, and reduce the level of qualification may be given punishment.
    "Four, delete article 34th.
    In addition, under the provisions of this decision in order to make the appropriate adjustments.
    This decision shall come into force as of the date of.

    The XI ' an city construction comprehensive development project of the interim measures for the Administration on the basis of this decision be revised and republished.  Attached: XI interim measures for the comprehensive development of urban construction project management (revised 2004) (April 25, 1996 municipal distribution according to the municipal people's Government of November 22, 1999, to the modification of Xian municipal urban construction comprehensive development decision amendments to interim measures for the administration of the project according to the municipal people's Government on August 15, 2004 on amendments to the Xian municipal urban construction comprehensive development project decision amendments to interim measures for the Administration) Chapter I General provisions article
    In order to strengthen the city's urban construction comprehensive development project management to ensure implementation of the master plan of the city, promoting urban construction, according to the People's Republic of China on urban real estate administration law and relevant laws and regulations of the State, combined with the city's actual, these measures are formulated.
    Article in the urban planning district, the State-owned land within the urban construction comprehensive development and implementation of project management should abide by these measures.
    Article urban construction comprehensive development projects in these measures (hereinafter referred to as the development project) means in accordance with the law on State-owned land use right of the land made in infrastructure construction, housing development projects. Article fourth Xian municipal urban and rural construction Committee is the Department of urban construction comprehensive development projects.
    Xian municipal urban construction comprehensive development management office, Xian municipal foreign investment Office of the development and operation of real estate management (hereinafter referred to as City Development Office) is responsible for the management of the urban construction comprehensive development project in this city.
    Fifth article of chapter development project development projects should be based on urban economic development and urban planning, combining old city reconstruction and development, in accordance with the principle of integrating economic, environmental and social benefits determined.
    Sixth development land and annual construction land use plan of the master plan by the municipal construction Committee in conjunction with city planning, land, planning, real estate and other administrative departments to develop, newspaper by the urban development municipal people's Government for approval.
    Seventh development project by the municipal development office is responsible for municipal planning, lands, planning and other relevant administrative department in accordance with the "joint office, vetting, departments for" principles of work, important items to be submitted to the municipal people's Government approval.
    Article eighth before land development projects, relevant departments of the project by the municipal development office is responsible for planning, design, development, duration, infrastructure and building construction, demolition compensation request and issue the opinion on the conditions of real estate development projects.
    Real estate development project construction conditions submissions should including following content: (a) project nature, and scale and development term; (ii) planning control index and the planning design requirements; (three) based facilities and public service supporting building of construction requirements; (four) based facilities and public facilities built Hou of property defined; (five) project demolition compensation placed requirements; (six) project business way,.
    The content of the opinion on the conditions of real estate development projects as essential provisions of the land use rights grant contract.
    Determination of the Nineth project development unit, tender, auction or agreement should be taken in order to bid.
    Tenth project development unit should land contract with the land Administrative Department in 15th after, to the City Development Office for filing.
    After 11th development projects, City Development Office shall urge the development units in strict accordance with detailed planning requirements for implementation of the project, to protect the interests of all parties involved in development projects, and development supervision, coordination in the implementation of the project management.
    Article 12th chapter development projects contracted responsibility system of project development, project development units receiving project approval documents, and the manual on real estate development projects at the same time, project contract should be signed with the city development office responsibility.
    Project Contracting responsibility including following main content: (a) project name; (ii) project implementation units; (three) project accounted for to area, and planning area, and total investment; (four) project construction of funds proved, and account Bank, and funds account; (five) project implementation of planning requirements and the supporting construction requirements; (six) project quality guarantee of requirements; (seven) project starts term, and construction term; (eight) project completed acceptance of requirements; (nine) project property management requirements.
    13th project development units should be strictly in accordance with project implementation of contract responsibility of development and construction.
    14th development unit shall, in accordance with the relevant provisions of article select units with the appropriate qualification survey, planning, design and construction tasks.
    15th development unit must be approved in accordance with the requirement of constructional detailed planning, project and its supporting infrastructure.
    16th due to force majeure or acts of Government, relevant government departments, or started development work commenced in the early development of delay, developer shall promptly apply for an extension to the City Development Office, but the extension shall not exceed 6 months.
    17th development project, one of the following circumstances, be dealt with by the Development Office, depending on the circumstances: (a) because of the State's key construction or other special needs, project uses decision of the project.
    (B) the project has commenced, but due to the shortage of funds, cannot continue to build, project recovery, adjustment development to other units.
    (C) not complying with the contract responsibility time start or exceed the provisions of article 16th of extension of time limit to implement the relocation, and demolition has been completed, but for more than a year has not yet started, cancel the qualification of the development of the project development unit.
    18th Developer project after the abolition of the land following the abolition of their projects, and should be required to go through the relevant formalities.
    Fourth chapter development project management, Development Office, 19th development project implemented in the whole process of follow-up supervision and guidance.
    Article 20th development unit in the implementation phase of the development project should be major issues of development and operation of the unit and the relevant administrative departments reviewed, approved, comments are recorded in the manual on real estate development projects.
    Development units every six months and according to the implementation phase of the project will be the manual on real estate development projects, Development Office, sent checks.
    21st development units must, Development Office, to prepare statistical reports on a quarterly basis.
    22nd development projects comply with the following conditions, you can make the transfer.
    (A) in accordance with the land transfer contract, has paid all land transfer and land use right certificate has been made; (b) the land transfer contracts has been investing in development, the housing construction project, complete the total investment over 25% belonging to vast stretches of land, shall be formed or other conditions of construction land for industrial use.
    Project transfer, land use rights are transferred.
    23rd resettlement for residents of land, may not be transferred.
    24th article transfer development project by following implementation: (a) transfer development project Qian, transfer party and by let party must signed written transfer contract, contract shall not violation national about legal, and regulations and City Government about provides; (ii) transfer party holding project transfer contract and about information reported city development do approved; (three) by let party should in project transfer approved of day up 30th within holding project development approved file to land right transfer administration sector handle land right change registration; (D) the transferee holding land use change documents signed with the City Development Office Project responsibility.
    Original project contract guarantee shall automatically cease.
    25th in the project development process, development due to financial reasons such as really necessary joint implementation with other developers, units participating in joint development should be consistent with national provisions on the management of real estate development enterprise intelligence.
    Prohibition of privately developed. Article 26th capital projects into development projects, should be reported to the approval of the municipal development office, and go through the relevant formalities as required by development projects.
    Without approval, the capital project may not be converted into development projects.
    27th after the completion of the development project, developer should organize acceptance, unqualified acceptance or acceptance, no delivery.
    Comprehensive inspection should include the following: (a) planning requirements are implemented, (ii) supporting the building of infrastructure and public service facilities are constructed and (iii) individual construction quality acceptance procedures are complete and (iv) relocation compensation and rehousing schemes implemented; (v) implementation of property management, (vi) other. Fifth chapter legal responsibility 28th article violation this approach by city construction Committee by following provides punishment: (a) violation this approach 20th article provides, not truthfully fill in or not by provides time inspection real estate development project manual of, sentenced 1000 Yuan above 10000 Yuan following of fine; (ii) violation this approach 22nd article provides, transfer development project of, recovered project, and depending on plot weight give reduced qualification grade or revoked qualification certificate of punishment;

    (Three) violation this approach 23rd article provides of, ordered corrected, sentenced 10000 Yuan following of fine, and can canceled development qualification; (four) violation this approach 24th article provides of, ordered deadline corrected, sentenced 2000 Yuan above 10000 Yuan following of fine; (five) violation 25th article provides, without approved unauthorized joint development of, sentenced 2000 Yuan above 10000 Yuan following of fine, and can give reduced qualification grade punishment; (six) violation this approach 26th article provides,
    Unauthorised infrastructure projects to develop the project's, and ordered a replacement project development procedures, fails to go through the formalities of canceled development unit development qualifications; (VII) in violation of these regulations article 27th, acceptance and delivery or unqualified acceptance and delivery, rectification, and reduce the level of qualification may be given punishment.
    29th article published after the implementation of the present measures, laws and regulations have new provisions of the State, from its provisions.
    Article 30th in accordance with these measures, financial, the fines paid in full and shall be uniformly printed by the financial department confiscated notes. 31st party refuses to accept the decision on administrative penalty, based on the administrative reconsideration law and the provisions of the administrative procedure law of administrative reconsideration or administrative proceedings.
    If no application for administrative reconsideration, bring a suit, nor performs the decision on punishment, made the decision of the administrative authority may apply to a people's Court according to law enforcement.
    32nd project management personnel negligence, abuse of power, bribery and constitutes a crime, criminal responsibility shall be investigated according to law by the judicial departments do not constitute a crime, by the units or higher authorities, impose administrative sanctions.
    The sixth chapter supplementary articles article 33rd yanliang district, Lintong district, zhangan district, counties, and the reference to this approach.
                                                                                                              34th article of the way come into force on the date of promulgation.