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Extended Construction Project In Guiyang Disposal Tentative Provisions

Original Language Title: 贵阳市超期建设工程项目处置暂行规定

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(Summit No. 125 of 17 November 2003)

Chapter I General
Article 1 guarantees the smooth implementation of urban planning in order to further renovate and regulate the construction market and real estate market order, expedites the disposal of the construction projects in excess of construction, and develops this provision in line with the relevant laws, regulations and regulations such as the National People's Republic of China Urban Planning Act, the People's Republic of China Construction Act, the People's Republic of China Urban Property Management Act, the Urban and Sanitation Management Regulations.
Article 2
The above-term construction project referred to in this provision refers to construction works in one of the following cases:
(i) A licence for construction works under the law and a third of the total area of construction established by the approved planning programme, or an investment that exceeds 25 per cent of the total investment and has not been approved for the development of construction projects for more than 12 months;
(ii) Construction projects exceeding the effective duration of the construction of the construction planning licence;
(iii) Construction of construction permits beyond the period of effectiveness of the construction of construction works licenses issued by administrative authorities or the duration of the extension process; construction projects for which construction units were not reported in writing to the authorized construction licensed bodies within one month of the date of the suspension.
The laws, regulations and regulations are dealt with in the light of the laws, regulations and regulations that are determined to be used for the purposes of their use.
Article 3: The relevant administrative authorities, such as the city, the city and the commune, are responsible for the investigation, disposal and supervision of construction projects in excess of time.
Article IV. The administration sector, such as urban construction, planning, housing, should establish a system of inspection of construction projects and conduct regular inspections. Units and individuals have the right to report and reflect on construction projects to the relevant sectors.
Chapter II Identification and disposition of the construction project
Article 5 Overtime construction projects are determined by municipal, district (market) planning and building administrative authorities. The construction project to determine and dispose of the excess construction project is a unit for the planning of the construction of the licence for construction of the construction of the construction of the construction of the construction of the construction of the construction of the engineering planning licence issued by the administrative authorities.
Article 6
(i) Inquiring parties and other witnesses;
(ii) On-site surveys, photographs, cameras;
(iii) Access, replication of the survey unit, construction unit-related engineering clearance documents, construction records and information;
(iv) Request that the investigation cell provide clarifications on the issue of over-term construction;
(v) To request relevant Government functional departments to provide relevant documentation and information.
Article 7 Planning and construction of administrative authorities in carrying out a project survey on construction projects should be sent to construction units with a letter of investigation for construction projects.
The construction units should be sent within 15 days of the date of the transfer of the letter of investigation into the construction project and their relevant information to the investigation department in writing.
Article 8
The construction unit, within 30 days of the date of the transfer of the notice of the construction project over the period from the date of the arrival of the construction project, has submitted a application for the disposal of the construction project to the ultra-term construction project identifier in accordance with article 9 of this provision.
Municipal, district (commune) planning, construction of administrative authorities may develop ultra construction project disposal programmes based on the specific circumstances of the construction project, with the approval of the municipalities, districts (markets), the disposal programme, with the approval of the Government of the people of the city, district (communes), planning, construction of administrative authority organizations and delivery of decision-making documents for construction projects to the construction units.
Over-term construction projects have entered into judicial proceedings and are disposed of in accordance with judicial procedures.
Over-term construction projects have been registered under the law, and the planning and construction of administrative authorities should be informed by law about the participation of the collateral.
Article 9
(i) Building public facilities such as temporary public greenfields;
(ii) Revision of planning and design programmes to be completed by status;
(iii) Explanation of the work completed by the subjectant, cleaning of the construction site, the environment within the scope of the greening and Americanization construction works;
(iv) Conditionalization as temporary operating places;
(v) Foreign grants, which are used by the lessee;
(vi) Transfers to other construction units for renewal;
(vii) Applications for the continuation of construction units;
(viii) Other means of disposal of construction projects that operate over time within the specified period.
The above-mentioned approach should be handled in accordance with the State's statutory basic construction process.
Article 10, in accordance with article 9, paragraph (vii), of the above-term construction projects disposed of under article 9, paragraph 7 of the present article, the former construction units apply for the continuation of construction and are governed by the following procedures:
(i) The construction units shall submit relevant information, such as construction plans, financial certificates, within 30 days of the date of the decision on the disposal of construction projects.
(ii) The receiving body shall review the construction plans, the completion time frame and the financial certificate, and provide a review within 15 days, approval by the Government of the city, the district (market) and the Government of the People's Republic, the contractual text with the construction units, the time period for completion, the default responsibilities and the implementation of the contract.
Over-term construction projects are under the real estate development project, and commodity reserves are subject to exclusive storage, exclusive allocation, and are regulated by the relevant departments to ensure that funds are used for project construction.
Article 11 provides for the excess construction project to be disposed of in accordance with article 9, subparagraph (i) (ii) (iv) (v) (vi) (vi) (vi) (vi), and the construction unit shall be implemented within 30 days of the date of the issuance of the decision on the disposition of the construction project over the period.
Article 12 Construction units, within 30 days of the date of the issuance of the ultra construction project identification, have not submitted applications for disposal to the ultra construction project identifiers, or are not justified by the review of the manner in which the application is disposed of, or by providing false financial certificates and relevant information, with the approval of the Government of the people of the supra-protected construction project to report to the city, the district (market) to implement the mandatory disposal.
Article 13
(i) Majorly affect urban landscapes and super-time construction projects that are not in line with urban profiling standards, which are authorized by the urban administration executive authorities to organize forced demolitions and fines in accordance with the provisions of article 37 of the Urban Town and Sanitation Regulations.
(ii) Serious violations of planning laws, regulations or excessive construction projects identified by statutory accreditation bodies as hazardous buildings without renovating value, which are dismantled by law by the relevant sectors such as the urban administration of administrative law enforcement agencies.
(iii) In addition to the project on construction in excess of subparagraphs (i), (ii) of this article, the construction of construction projects in excess of the disposition, which are determined by the authorities to report to the Government of the city, the district (market) for the designation of qualified intermediary agencies for disposal.
Article 14.
Article 15
(i) The transfer of property rights or development rights by the transferee shall be constructed or used by the transferee after the evaluation of the excess construction project to be disposed of;
(ii) Government investment in building public facilities.
Article 16 shall be treated as follows:
(i) The excess construction project found that the body entrusted a qualified intermediary to be disposed of;
(ii) Authorized intermediary agencies sent a letter of disposal to the construction units of the construction of the construction of the construction project;
(iii) The replacement of the disposal body should select a qualitative assessment body to carry out the value assessment of the construction project for the construction of the project, and the commissioned assessment body should produce an assessment report within the specified period and report the relevant sector reserve;
(iv) The assessment report provides a notice of the consultation, 10 days of the time limit, with no objection from the management decision of the real estate assessment and, if any, should be reorganized by the competent assessment body;
(v) A programme or arrangement for the disposal of over-term construction projects for disposal agencies, to be approved by the Government of the city, the district (market);
(vi) Transfer of property by way of operation of the market; arrangements for use and public solicitation of the society through the real estate market;
(vii) Extensive construction project arrangements, and new investors have declared use plans to the disposal agencies, including investment purposes, investment budgets, funding, use of annual limits, returns and operating management, and agreements with the generation of disposal agencies.
Article 17 The excess construction project shall be transferred in accordance with the law to the construction unit after the disposition of the transfer or royalties. The post-processing construction unit should pay the related debt incurred by the project in accordance with the law and be governed by the relevant departments; there are dissatisfactions to resolve it in accordance with the judicial process.
Article 18
Article 19 shall be open to the social public to establish a strict monitoring management system that is subject to the supervision of the relevant sectors and parties in accordance with the law.
Article 20 Planning and construction of administrative authorities should conduct individual surveys, classifications, numbers, project files and monitor the implementation of the disposal programme.
Article 21 Newly constructed real estate projects, the administrative authorities for land, planning, construction and real estate development should agree on the duration of the work and the completion of the work and default on the basis of the normative contractual text.
Article 2 contains a construction unit for the construction of the construction of the construction project and, until the construction is not resumed or is not disposed of, the relevant branches of the Government are no longer seized of the following matters:
(i) Planning the administrative authorities to no longer receive their new project selection, posting procedures;
(ii) The construction of administrative authorities shall no longer be subject to new construction projects;
(iii) The housing administration authorities shall no longer receive their mortgage registration and no longer receive their property transactions and property transactions;
(iv) Land administration authorities no longer engage in competing land purchases and otherwise acquire land-use rights.
Article 23 Construction units for construction projects are owned by real estate development enterprises, which are not rebuilt or disposed of, and the construction of administrative authorities are not subject to an annual inspection of the qualifications of real estate development enterprises.
Article 24, Municipal, District (market) and relevant administrative authorities are criminally criminally responsible by law for the negligence, abuse of their functions and the invocation of private fraud.
Chapter III
Article 25