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On The Revision Of The Urban And Rural Planning Decision Violation Of Sanctions

Original Language Title: 关于修改《城乡规划违法违纪行为处分办法》的决定

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Wing, and human resources Social Security Department, and housing urban and rural construction department decided on urban and rural planning illegal disciplinary behavior disposition approach for following modified: will 15th article modified for: "in national landscape places district within built tramway, and ropeway, major construction engineering, project of location programme without provincial government housing urban and rural construction competent sector or municipalities landscape places district competent sector approved, County above place Government about competent sector unauthorized issued location submissions of, Responsibilities to be given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.

"This decision come into force on the date of promulgation.



Urban and rural planning violation of sanctions in accordance with this decision be revised and republished. Urban and rural planning violation sanctions (December 3, 2012 People's Republic of China Ministry of supervision, human resources and Social Security Department, Ministry of housing and urban-rural 29th release.

According to January 18, 2016 wing, and human resources Social Security Department, and housing urban and rural construction Department on modified straddling urban and rural planning illegal disciplinary behavior disposition approach of decided Amendment) first article to strengthening urban and rural planning management, punishment urban and rural planning illegal disciplinary behavior, according to People's Republic of China urban and rural planning method, and People's Republic of China administrative monitored method, and People's Republic of China civil servants method, and administrative organ civil servants disposition Ordinance and the other about legal, and administrative regulations, developed this approach. Article urban planning violations of responsible leadership in the unit personnel and persons, as well as rural and urban planning violations of individuals shall bear disciplinary liability.

Belongs to following personnel of (following collectively about responsibility personnel), by appointment organ or monitored organ according to management permission law give disposition: (a) administrative organ civil servants; (ii) legal, and regulations authorized of has public affairs management functions of organization in the engaged in corporate of personnel; (three) national administrative organ law delegate engaged in public affairs management activities of organization in the engaged in corporate of personnel; (four) enterprise, and civic in the by administrative organ appointed of personnel.

Staff in public institutions there is the urban planning violations as provided herein, in accordance with the implementation of the provisional regulations on the punishment of staff in public institutions.

Laws, administrative regulations and decisions of the State Council and the State Council supervisory organs, the disposition of human resources and Social Security Department of the State Council regulations on urban and rural planning violation penalty otherwise provided, from its provisions.

Thirdly, the local people's Government with one of the following acts, on their responsibilities to give a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled: (a) shall be drawn up in accordance with law is not prepared by the urban and rural planning; (b) not complying with the statutory procedures for the preparation, approval, modification of urban and rural planning. Fourth article place Government has following behavior one of of, on about responsibility personnel give warning, and demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition: (a) developed or made and urban and rural planning legal, and regulations, and regulations and national about file phase conflict of provides or decided, caused bad consequences or by superior organ, and about sector pointed out that still not corrected of; (ii) in city general planning, and

Towns outside the scope defined in the General Plan of construction land set up all kinds of development zones and urban areas, (iii) violation of scenic spot planning and set up various development zones in scenic areas, and (iv) violation to meetings or brainstorming to determine does not meet the requirements of urban and rural planning authorities granted planning permission for urban and rural planning construction projects.

The fifth local people's Governments and urban planning departments delegate does not have the appropriate level of qualification of units of urban and rural planning, for responsibilities to be given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal. Sixth article place Government and about competent sector staff, using terms or positions Shang of convenience, for himself or others seek self-interest, has following behavior one of of, give demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition: (a) violation statutory program intervention control sex detailed planning of prepared and modified, or unauthorized modified control sex detailed planning of; (ii) violation provides adjustment land uses, and volume rate, planning conditions issued planning license

Or altering the contents of the planning permission; (c) in violation of regulations to punish the illegal construction to lower the standard, or should be legally dismantled illegal buildings are not demolished. Seventh article Xiang, and town government or place Government bear urban and rural planning supervision check functions of sector and staff has following behavior one of of, on about responsibility personnel give demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition: (a) found not law made planning license or violation planning license of provides in planning district within for construction of behavior not investigation, or received reported Hou not law processing of; (ii) in planning management process in the,

Seriously irresponsible causing damage to the interests.

Eighth regional people's Government urban planning departments and staff in State-owned construction land transfer contract signed, provides for the adjustment of land use violations, volume planning conditions and responsibilities to be given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.

Nineth article place Government urban and rural planning competent sector and staff has following behavior one of of, on about responsibility personnel give warning disposition; plot more heavy of, give demerit or remember than disposition; plot serious of, give downgraded disposition: (a) not law on by validation of built sex detailed planning, and construction design programme total plane figure be announced of; (ii) not sought planning lots within interest relationship people views, agreed modified built sex detailed planning, and construction design programme total plane figure of.

Tenth Article County above place Government urban and rural planning competent sector and staff or by province, and autonomous regions, and municipalities Government determine of town government and staff has following behavior one of of, on about responsibility personnel give warning or demerit disposition; plot more heavy of, give remember than or downgraded disposition; plot serious of, give dismissed disposition: (a) violation planning conditions issued construction with to planning license, and construction engineering planning license of; (Ii) beyond terms or on not meet statutory conditions of applicants issued location submissions, and construction with to planning license, and construction engineering planning license, and village construction planning license of; (three) on meet statutory conditions of applicants not issued or not in statutory term within issued location submissions, and construction with to planning license, and construction engineering planning license, and village construction planning license of; (four) violation planning approved in history culture blocks, and name town, and name village core protection range within for new, and

Expansion activities or violation provides approved on history building for migration, and demolition of; (five) violation based facilities with to of control boundaries (yellow line), and various green range of control line (green line), and history culture blocks and history building of protection range boundaries (purple line), and surface water protection and control of geographical boundaries (blue line), urban and rural planning mandatory content of provides issued planning license of.

The 11th County urban planning departments have not been prepared or requirements that are not in accordance with the master plan of county seat town preparation of controlled detailed planning of county seat town, on their responsibilities to give a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

12th city people's Government urban planning departments have not been prepared or were not in accordance with the requirements of urban master plan preparation of controlled detailed planning of the city, on their responsibilities to give a demerit or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

13th article County above Government about sector and staff has following behavior one of of, on about responsibility personnel give warning or demerit disposition; plot more heavy of, give remember than or downgraded disposition; plot serious of, give dismissed disposition: (a) on not law made location submissions of construction project issued construction project approved file of; (ii) not law in State-owned land right transfer contract in the determine planning conditions or change state-owned land right transfer contract in the law determine of planning conditions of;

(C) for failing to make the allocated units of the planning permit for construction of State-owned land use rights; (iv) was not in the Township and village construction land within the planning area rural construction planning permit of construction units or individuals for land approval procedures, resulting in adverse effects.

14th local people's Governments at or above the county level and their relevant competent authorities violations of scenic spot planning approved hotel in the scenic heart of scenic construction, training centres, hostels, sanatoriums and villas, residential and other structures regardless of the scenic resource protection, demotion or dismissal of the relevant personnel.

15th article in national landscape places district within built tramway, and ropeway, major construction engineering, project of location programme without provincial government housing urban and rural construction competent sector or municipalities landscape places district competent sector approved, County above place Government about competent sector unauthorized issued location submissions of, on about responsibility personnel give warning or demerit disposition; plot more heavy of, give remember than or downgraded disposition; plot serious of, give dismissed disposition. 16th article units and staff has following behavior one of of, on about responsibility personnel give warning, and demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition: (a) not law made construction project planning license, unauthorized starts construction of; (ii) without urban and rural planning competent sector license, unauthorized change planning conditions, and design programme, or not according to planning requirements distribution built public facilities and the supporting engineering of; (three) to forged, and

Cheat, illegal means gets construction project planning license procedures of; (four) without approved or not according to approved content for temporary construction, or temporary buildings, and structures over approved term not demolition of; (five) violation history culture city, and name town, and name village protection planning in history culture blocks, and name town, and name village core protection range within, damage traditional pattern, and history style, or unauthorized new, and expansion, and demolition buildings, and structures or other facilities of;

(F) violation of the core scenic spot planning in famous scenic site Hotels, scenic construction training centres, hostels, sanatoriums and villas, residential and other structures regardless of the scenic resource protection.

17th disciplined people not satisfied with the decision, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the punishment of civil servants of administrative organs and other relevant provisions of the Ordinance, apply for a review or appeal.

18th appointment and removal, monitoring bodies and urban planning departments to establish case transfer system. Appointment and removal or organs investigated and dealt with urban and rural planning discipline cases, administrative penalties deemed by the Department of town and country planning, urban and Rural Planning Department shall transfer the relevant case material.

Urban planning departments should be promptly investigated and dealt with according to law, process the results and notify the appointment and removal or monitor. Urban and rural planning, urban and Rural Planning Department investigated and dealt with the case, that it should be disciplined by the appointment and removal or the supervisory organs shall, after administrative punishment decision or other decisions are made, promptly of any material about the case transferred to the appointment and removal of organs or organs.

Appointment and removal or organs should be promptly investigated and dealt with according to law, and notify the processing result urban planning departments.

Article 19th urban planning violations should be given party disciplinary measure, transferred to the party's discipline inspection organs dealt with crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

The 20th article of the approach by the Ministry, the Department of human resources and social security, the Department of housing and urban-rural construction is responsible for the interpretation. 21st article this way come into force on January 1, 2013.