City, Ningbo Ningbo Municipal People's Government On The Revision Of The Management Power Of Relatively Concentrated Administrative Punishment Measures For The Implementation Of Decisions (Amended In 2013)

Original Language Title: 宁波市人民政府关于修改《宁波市城市管理相对集中行政处罚权实施办法》的决定(附2013年修正本)

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City, Ningbo Ningbo Municipal People's Government on the revision of the management power of relatively concentrated administrative punishment measures for the implementation of decisions (amended in 2013)

    (October 25, 2013, Ningbo Municipal People's Government at the 34th Executive Meeting December 2, 2013 release, Ningbo Municipal People's Government order No. 207 as of February 1, 2014), Ningbo city, Ningbo Municipal People's Government at the 34th Executive meeting decided on the power of relatively concentrated administrative punishment measures for implementation of urban management (municipal people's Government, the 170th) read as follows:

    One article will be the sixth, the second is revised as follows: "in accordance with the laws and regulations and regulations on urban and rural planning provision, in the area of urban planning on the implementation of administrative punishment for violation of the provisions of the town planning (laws, regulations, and rules and regulations by the Township people's Government exercise of administrative punishment right);"

    Second, sixth paragraph the fifth amendment: "river management area in accordance with provisions of laws and regulations and rules, stipulated by the municipal people's Government in the context of the implementation of administrative penalties stipulated in violation of channel management;"

    Three article sixth, the sixth amendment as follows: "in accordance with the provisions of environmental protection laws, regulations and rules, for violations of environmental protection management of construction noise pollution, social life of noise pollution and entertainment, catering oil smoke pollution Act administrative penalties;"

Four, the sixth increase in the first three items, as the Nineth and tenth, 11th item: "(I) in accordance with the construction quality and work safety of construction projects management laws, regulations, provisions of the regulations, for violations of municipal engineering quality and safety regulations impose administrative penalties;"

"(J) in accordance with the project construction and management provisions of laws, regulations, rules, acts that violate the provisions of the urban rail transit engineering construction management administrative penalties;"

    "(11) in accordance with the car park management provisions of laws, regulations, rules, administrative punishment for violation of parking regulations;" Five, the sixth paragraph the Nineth as 12th and amended as: "the provincial Government determines by the city administration of administrative law-enforcement departments centralized exercise of administrative punishment right.

    ”

    Six, in the sixth and 15th in the second paragraph of "Municipal Government" is amended as "the people's Government of the same level."

    In article seven, the seventh "compulsory administrative power" changed into "compulsory administrative measures."

    Eight, the 11th of the second paragraph of article "notice shall be published through the public media" is amended as "service, administrative law-enforcement departments in the city administration on its website, newspaper or the party shelter Bulletin Board notices".

    Nine, the 12th article is changed to: "the large amount of fine;" Ten, an additional paragraph, as the 12th article: "the large amount of fine referred to in the preceding paragraph in accordance with the measures for the implementation of administrative punishment hearing procedure in Zhejiang province confirmed.

    ”

    XI by deleting article 19th. Section 12, the 20th to 19th and amended as: "in violation of this regulation, the urban management power of relatively concentrated administrative punishment in Zhejiang Province of legal liability provisions of the Bill, from its provisions.

    ”

Under article 13, the 21st as the 20th.

This decision shall take effect on February 1, 2014.

    The Ningbo city administration according to the power of relatively concentrated administrative punishment measures for the implementation of this decision be revised and republished.

Annex: Ningbo city administration implementation measures for the power of relatively concentrated administrative punishment 2013 (revised)

    (December 8, 2009, Ningbo Municipal People's Government, the 170th release December 2, 2013, the Ningbo Municipal People's Government on modification of Ningbo city administration implementation measures for the power of relatively concentrated administrative punishment decision be revised and republished)

    First to standardize and promote the work of relatively centralized administrative punishment right in urban management, improve administrative efficiency and level of enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law and urban management in Zhejiang Province and the power of relatively concentrated administrative punishment Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city relatively centralized administrative punishment right in urban management, these measures shall apply.

    Urban management in these measures relative-centralized administrative punishment right refers, in accordance with the People's Republic of China on administrative punishment law and the relevant provisions of the State Council, exercised by the concentration of the urban Administration Department in accordance with the relevant administrative departments in the field of urban management all or part of the administrative right of penalty.

    Article cities and counties (cities) and districts established by the people's Government of the city administration departments exercised relatively centralized administrative punishment right in urban management, perform their duties independently and bear the corresponding legal responsibility.

    The fourth exercise relatively centralized administrative punishment right in urban management, shall follow the lawful, reasonable, fair and open principles.

Fifth of municipal and County (City) area shall exercise leadership in and coordination of relatively centralized administrative punishment right in urban management.

City and County (City) district people's Government Office of Legislative Affairs is responsible for the work of relatively centralized administrative punishment right in urban management coordination and oversight.

Building, planning, environmental protection, public security, industrial and commercial, water resources, land and resources administrative departments shall, in accordance with their respective responsibilities, to work relatively centralized administrative punishment right in urban management.

    City Administration departments should prepare for County (City) area business administration departments to guide the work of the city.

The sixth city, municipal and District Administration Department under the State Council or provincial approval, shall perform the following duties:

(A) in accordance with the laws and regulations on management of city appearance and environmental sanitation, provisions of the regulations, for violations of city appearance and environment sanitation management provisions of administrative penalties;

(B) urban and rural planning and management in accordance with provisions of the laws, regulations and rules, in the area of urban planning on the implementation of administrative punishment for violation of the provisions of the town planning (laws, regulations, and rules and regulations by the Township people's Government exercise of administrative punishment right);

(C) in accordance with the urban green management provisions of the laws, regulations and rules, for acts in violation of city regulations impose administrative penalties;

(D) according to the municipal public management provisions of the laws, regulations and rules, administrative penalties stipulated in violation of municipal public administration;

(E) the river management area in accordance with provisions of laws and regulations and rules, stipulated by the municipal people's Government in the context of the implementation of administrative penalties stipulated in violation of channel management;

(F) in accordance with the provisions of environmental protection laws, regulations and rules, for violations of environmental protection management of construction noise pollution, social life of noise pollution and entertainment, catering oil smoke pollution Act administrative penalties;

(VII) in accordance with the industrial and commercial administration provisions of the laws, regulations and rules, on urban roads, squares and other outdoor public places administrative punishment for operating without a license;

(H) in accordance with the laws, rules and regulations of public security traffic management rules, and impose administrative penalties to encroach on city sidewalks;

(I) in accordance with the construction quality and work safety of construction projects management laws, regulations, provisions of the regulations, for violations of municipal engineering quality and safety management provides imposition of administrative penalty;

(J) in accordance with the project construction and management provisions of laws, regulations, rules, acts that violate the provisions of the urban rail transit engineering construction management administrative penalties;

(11) in accordance with the car park management provisions of the laws, regulations and rules, for violation of parking regulations impose administrative penalties;

(12) Provincial Government exercised by the administrative law-enforcement departments, the city administration identified other administrative punishment.

The County (City) the city administration of sector-specific mandate by the people's Government of the province determined and adjusted and published by the people's Governments at the corresponding level.

    Cities and counties (cities) and districts administrative law enforcement centralized exercise of administrative punishment right for urban management of specific areas of responsibility, for the formulation of laws, regulations, rules or changes needed to adjust, in accordance with the provisions of procedural changes and publish.

    Seventh city administration departments can implement laws and regulations associated with centralized exercise of administrative punishment right of the administrative investigation rights and the right to a compulsory administrative measure.

    Eighth by the city administration administrative law enforcement departments of administrative punishment right, the original administrative departments shall not exercise; continue to exercise, its administrative decision is invalid.

    Nineth administrative law enforcement centralized exercise of administrative punishment right for urban management punishment procedure in accordance with the People's Republic of China on administrative punishment law and urban management in Zhejiang Province and the power of relatively concentrated administrative punishment implementation of the regulations.

    Tenth law enforcement officers should have the qualifications, uniform, wearing a sign of law enforcement.

11th administrative law enforcement departments in the city administration before making a decision of administrative penalty shall inform the parties of the facts, reasons and basis for administrative penalty decisions are made, and shall inform the Parties shall enjoy the presentation and defence of rights. Where reason cannot be delivered by written notice of administrative penalty, the city administration departments should take notice shall inform the parties. From the date of announcement made no statements or representations of the parties in the 15th, the city administration departments can make a decision of administrative penalty according to law.

    Service by publication, administrative law-enforcement departments in the city administration on its website, newspaper or the party shelter bulletin board posting notices.

12th urban management prior to the decision of the administrative law enforcement departments in the following administrative penalties, it shall inform the parties have the right to request hearings; the parties to request a hearing, the administrative agency shall organize the hearing:

(A) in order to suspend;

(B) the revocation of permit or license;

(C) the large amount of fine;

(D) in accordance with the legal provisions of other administrative punishment decision.

    Large amount of fine referred to in the preceding paragraph in accordance with the measures for the implementation of administrative punishment hearing procedure in Zhejiang province confirmed.

    13th of municipal and County (City) people's Governments shall establish and improve the relatively centralized administrative punishment right in urban management coordination mechanisms, strengthen urban administration and related administrative law enforcement cooperation between administrative departments.

14th urban management power of relatively concentrated administrative punishment including coordination matters:

(A) the relatively centralized right competence;

(B) the power of relatively concentrated punishment punishment under applicable;

(C) investigation, to transfer the case, information sharing, recognition, identification and other matters of collaboration in the performance of administrative duties;

    (Iv) other matters requiring coordination.

    15th of the related departments for the administration of relatively centralized right competence and penalties under applicable disputes, coordinated by the people's Governments at the corresponding level.

    The 16th city administration departments and relevant administrations should collecting urban administrative and law enforcement information in a timely manner, to classify the electronic recording, storing, and establish the associated database.

    17th urban Administration Department and the relevant administrative departments should gradually through the platform of administrative license, administrative punishment and administrative compulsory measures or administrative investigation or examination supervision of implementation of information resource sharing.

    18th city administration departments to investigate violations, need identification of relevant administrative departments or the need for technical, administrative departments or technical appraisal Agency shall, in accordance with the relevant statutory deadline and procedures recognized and identified.

    19th article violates these rules, and the urban management power of relatively concentrated administrative punishment in Zhejiang Province of legal liability provisions of the Bill, from its provisions. 20th these measures come into force on January 1, 2010. August 31, 2002, Ningbo city administration promulgated by the municipal power of relatively concentrated administrative punishment measures for implementation (municipal 101th) repealed simultaneously.

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