Acts Of Violating The Land Administrative Provisions Sanctions

Original Language Title: 违反土地管理规定行为处分办法

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Acts of violating the land administrative provisions sanctions

    (On May 9, 2008 wing, and human resources and Social Security Department, and land resources department makes 15th, announced since on June 1, 2008 up purposes) first article to strengthening land management, punishment violation land management provides of behavior, according to People's Republic of China land management 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.

    Acts of violating the land administrative provisions of article, its leaders and persons responsible, as well as individual acts of violating the land administrative provisions shall bear disciplinary responsibility, belonging to the following persons (hereinafter referred to as relevant persons), by appointment and removal or organs in accordance with administrative privileges shall be subject to punishment:

    (A) civil servants of administrative organs;

    (Ii) laws, regulations, grant rights to the management of public affairs functions of the institution approved in light of the People's Republic of China Law on civil service management staff;

    (C) the Organization of the administrative organs in accordance with the Commission staff except the labor personnel;

    (D) enterprises, institutions of persons appointed by the Executive.

    Laws, administrative regulations or the State Council decision and supervisory organs of the State Council, the State Department of human resources and social security departments to develop disciplinary regulations on punishment of violations of land management provisions otherwise provided, from its provisions.

    Article one of the following acts, main leader of local people's Governments at or above the county level and other responsible leadership, warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) land administration order, resulting in the administrative offence within one year new construction area of cultivated land occupied by 15% per cent of the total area of cultivated land occupied more than or not to 15%, but adverse effects or other serious consequences;

    (B) illegal cases of land causing serious consequences;

    (C) violations of the provisions of land management behavior does not stop, not organization investigated;

    (D) violations of the provisions of land management act concealment, pressure is not checked.

    Fourth administrative organs in the land and supply failure or violation of State land adjustment policy in the process, any of the following acts, their responsibilities, given demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) expressly requested to suspend land does not stop-approval of the State Council;

    (B) explicitly prohibited under the State Council for project construction use.

    Fifth administrative organ and its violation of the land management provisions of the civil service, abuse of power, illegal approval of expropriation and occupation of land, on the persons given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Provisions of the preceding paragraph, and engages in an episode of a heavier punishment.

    Sixth executive and the civil servants has one of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) not in accordance with the approval of the land use plan for the purposes identified;

    (B) by adjusting the overall land-use planning, without changing the position of basic farmland, avoiding construction to occupy basic farmland shall be prescribed by the State Council for approval;

    (C) no land use plan targets approved for use without authorization;

    (D) unauthorized occupation of agricultural land planning indicators approved no new construction of farmland;

    (E) approval to "rent tax" means without the use of farmland for non-agricultural construction.

    Article seventh and civil service of any of the following acts of the executive authorities, responsibilities, and given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) the breach of statutory condition, land registration, land certificates issued or replaced;

    (B) knowing that construction projects were suspected to have breached land regulations, has not been dealt with according to law, for its approval for land use, land certificates;

    (C) is not in accordance with the State standards in full before collecting land use fees for new construction, issued land-use approval documents;

    (D) to meet the requirements of construction land application or request for registration, without any justified reason, inadmissible or not handled by exceeding the prescribed period;

    (E) violations of statutory procedures approved expropriation and occupation of land.

    The eighth administrative organ and its violation of the land management provisions of the civil service, abuse of power, illegal cheap or free use of State-owned land, on the persons given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Provisions of the preceding paragraph, and engages in an episode of a heavier punishment.

    Nineth Executive and the civil servants in State-owned construction land transfer, any of the following acts, their responsibilities, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) transfer transfer by the way should be taken or bid invitation, auction and an agreement to sell State-owned construction land;

    (B) in the State-owned construction land bidding, auction, with bidders, bidder collusion, deliberately setting unreasonable conditions restrict or preclude potential bidders, bidders and other ways, manipulation of the winning bidder, who determine the outcome or transfer;

    (C) relief of the contravention or disguised relief for State-owned construction land transfer fees;

    (D) after the State-owned construction land use right grant contract is signed, allow adjustment of land use without authorization, volume and other land-use conditions;

    (E) other acts in violation of provisions of State-owned construction land.

    Tenth article without approval or deceit in obtaining approval, the illegal occupation of land, their responsibilities and give a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    11th sale or other forms of illegal transfer of land, their responsibilities and give a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    12th administrative authorities may seize, intercept or misappropriate the land expropriated the land compensation fees and other related expenses, responsibilities, given demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    13th administrative organs in the process of expropriation of land, any of the following acts, their responsibilities, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) the approval of land requisition compensation programmes was below the legal limit;

    (B) approved the expropriation of not complying with the provisions of social security costs;

    (C) fails to pay the compensation fees.

    14th, local people's Governments at or above the county level shall not pay land use fees for new construction, and ordered to pay; if not paid, their responsibilities, given demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    15th administrative authorities and the civil servants in handling farmland or land expropriation in the application and approval process, misrepresent, hide the location, type, size and other falsifications, adverse consequences, responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    16th section land and resources administrative departments and their staff, one of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) acts of violating the land administrative provisions required the report without report;

    (B) violations of the provisions of land management behavior does not stop, failing to investigate;

    (C) in the process of land supply, due to severe irresponsibility, resulting in losses to the interests.

    17th under any of the following circumstances, it shall be given a heavier punishment:

    (A) causes serious damage to a land;

    (B) caused serious loss of property;

    (C) affect the production and life of the masses, resulting in adverse effects or other severe consequences.

    18th under any of the following circumstances shall be given a lighter punishment:

    (A) active account of violations of land management provisions;

    (B) maintain or bring back the beauty of land;

    (C) proactive corrective acts of violating the land administrative provisions, and actively implement the corrective advice regarding;

    (Iv) voluntarily surrendered for discipline or obtained from embezzlement, misappropriation of land requisition compensation and resettlement fees and other related expenses;

    (E) against others significant acts of violating the land administrative provisions, and verified.

    Active account acts of violating the land administrative provisions, and to take measures to effectively prevent or recover losses, should reduce the punishment.

    Appointment and removal of the 19th article, monitoring bodies and administrative departments to establish case transfer system of land and resources. Appointment and removal, supervision organs investigated cases of land law and discipline, the Department of land and resources administration according to law of administrative penalties, material about the case should be transferred to the Ministry of land and resources administrative departments.

    Land and resources administrative departments should be promptly investigated and dealt with according to law, and notify the appointment and removal of organs, the treatment result monitor. Land and resources administrative departments to investigate the illegal cases of land, be disciplined according to law, and is not competent to deal with this sector, should be made in the decision on administrative penalty or other decision transferred the case materials in the 10th after appointment and removal or organs.

    Appointment and removal or organs should be promptly investigated and dealt with according to law, and process the results will notify the departments of land and resources administration.

    The 20th appointment and removal, monitoring and referral of cases by the Administrative Department of land and resources must be clear and complete evidence, procedure and formalities.

    Transfer case should include the following:

    (A) the views of the unit leader or unit in charge agreed to transfer;

    (B) the sources of cases and filing materials;

    (C) investigation reports;

    (D) the relevant evidential materials;

    (V) other materials to be transferred.

    21st appointment and removal, monitoring organ or Administrative Department of land and resources should be transferred without transferring the case from its previous level authority ordered their transfer.

    22nd of acts of violating the land administrative provisions 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.

    23rd article this approach by the Ministry, human resources and Social Security Ministry, the Ministry is responsible for the interpretation. 24th article this way come into force on June 1, 2008.

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