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Provisions Stop And Investigate And Deal With Illegal Construction In Guiyang City

Original Language Title: 贵阳市制止和查处违法建设规定

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Repression and investigation of the provisions of the law

(Adopted by Decree No. 7 of 16 August 2013, by the Permanent People's Government of Honour, on 29 July 2013)

Chapter I General

Article 1 regulates the management order of rural and urban areas, improves the living environment, raises the profile of cities and fosters eco-civilization, and establishes this provision in line with the laws, regulations and regulations of the People's Republic of China Rural and Rural Planning Act.

Article 2

Article 3. To put an end to and investigate the principle of the peripheral management, who is responsible, the law enforcement of the sector and the participation of the public, and to implement a mechanism of work for the control of the source, the fullness of the investigation, the focus on the administration and collaboration.

Article IV provides for buildings, constructions and other facilities in one of the following cases:

(i) No construction of a licence for construction of engineering planning or no construction in accordance with the provisions of the construction planning licence;

(ii) No village-building planning permit or no construction in accordance with the provisions of the village planning licence;

(iii) Without the approval by law of temporary construction or temporary construction without the approval of the approved elements, or temporary buildings, construction of objects beyond the deadline for approval;

(iv) Construction works within the urban planning area have not been carried out by law for construction permits;

(v) Concept the approval of land use without legal approval or by deceasing means;

(vi) The construction of forests without the approval of by law, green land construction or in violation of the provisions relating to the management of drinking water sources;

(vii) Be incompatible with urban and sanitation management provisions or urban profiling standards;

(viii) The construction of the city's roads without the approval of the law;

(ix) Construction within the area of construction control on both sides of the road or alteration, expansion and reconstruction of buildings already in the area of road construction control;

(x) Other prohibitions or unauthorized acts of abuse.

Article 5: The Government of the city is united in its leadership, organization, coordination of the suppression of the city as a whole and in the investigation process. The Government of the people of the region (markets, districts) should assume the overall responsibility of the management authorities for the suppression and investigation of violations in the present administration area, harmonize leadership, organize, coordinate efforts to end and identify violations within the present administration.

Relevant administrative authorities, communes (communes) Governments should be able, in accordance with their respective responsibilities, to put an end to and investigate related work related to the establishment of criminal law.

The main heads of the Government of the communes (communes, districts), communes (communes) are the first responsible for the suppression and detection of violations in this administrative region.

Article 6. Governments at all levels, relevant administrative authorities should include the work of the ILA in the Government of the people at this level, the effectiveness of this sector and the annual objective examination, as well as the daily supervision and examination.

Chapter II

Article 7. Governments of municipalities, districts (communes, districts) should establish mechanisms for the coordination of movement and information-sharing mechanisms for the prevention of violations involving relevant administrative authorities and public security authorities, such as urban management (crustrative urban law enforcement), urban and rural planning, land resources, housing and urban-rural construction, forestry greenization, transport, safe production monitoring, etc., regular briefings on the investigation of violations, the development of policy measures and the organization of joint law enforcement operations in accordance with the law.

Article 8. The Government of the commune, the authorities of the communes, the city, and the communes (communes) and the communes (communes), the community service administrations should develop an inspection programme, in accordance with their respective responsibilities and jurisdiction, with clear responsibilities, the area of responsibility, the time of the conduct, the focus of the conduct and concrete measures, to strengthen the enforcement of the law.

Article 9. Administrative authorities in urban municipalities and sanitation or administrative authorities in municipal facilities should strengthen the conduct of construction works that affect the city's profile, the unauthorized occupation of the city's roads, the detection of violations, the prompt verification, determination and the submission of recommendations to address administrative sanctions for the transfer of the integrated urban law enforcement sector. Focusing on the establishment of the following areas:

(i) Mains, subsidiaries and important landscapes;

(ii) Focus-building projects around;

(iii) In the area of rehabilitation and integrated rehabilitation of villages in the Old City;

(iv) Other regions identified by the Government of the people at this level.

Article 10. Integrated urban law enforcement services perform the following duties in the fight against and detection of violations:

(i) Specific guidance, supervision, evaluation and integrated coordination for the investigation of violations;

(ii) In accordance with the arrangements of the people's Government at this level, specific organizations are organized and coordinate matters related to the construction of joint law enforcement operations in violation;

(iii) Administrative penalties under the law for rural and urban planning, urban greenization, urban charging and sanitation, and municipal administration;

(iv) To dismantle, in accordance with the law, illegal buildings, constructions and other facilities in violation of the laws, regulations and regulations governing urban and sanitation;

(v) In accordance with the arrangements at this level or at the level of the Government of the High-level People, specific organizations of the law implement measures that violate the law relating to urban and rural planning, regulations and regulations, on-boarding and dismantling of construction sites.

Areas where administrative penalties are not imposed are relatively concentrated, are governed by the guidance established by the Government of the current people for the investigation of violations, supervision, evaluation and integrated coordination, and administrative sanctions are imposed by the relevant administrative authorities in accordance with their statutory duties and competence.

Article 11. Urban and urban planning authorities should strengthen their daily patrols in accordance with the provisions on urban and rural planning monitoring, with a focus on strengthening the construction line, the completion of the building blocks, the top of the standards, the planning inspection of the axes, top-ups, top-ups, the detection of violations, the timely verification, identification, the submission of recommendations to address administrative sanctions for the transfer of integrated urban law enforcement.

Article 12 The Greenhouse Administrative Authority of Forestry shall strengthen the day-to-day inspection of forest land and the scope of greenland protection, promptly halt violations of forest-occupation, green land-land construction, act of unauthorized construction by law of forest-occupied forest land, and promptly verify, identify and propose recommendations to address administrative sanctions for the transfer of integrated urban law enforcement services.

In accordance with their respective responsibilities, the executive authorities of the Environment Protection Administration, the city's two lakes have stopped and inspected the construction of the law in the area of protected areas at the source of drinking water, secondary protected areas and protected areas.

Article 13 Transport administrative authorities should strengthen the day-to-day inspection within the area of construction control on the two sides of the road, and to put an end to the conflict in the context of the construction control area of the two sides of the roads.

Article 14. Housing and urban-rural construction authorities are responsible for the day-to-day inspection of construction activities, the suppression and unauthorized construction of construction permits by the Office in the area of urban planning and the enforcement of credit management for relevant enterprises such as construction.

Article 15. The Land Resources Sector is lawfully seized of the act of landownership.

Article 16 communes (communes) Governments, community service management agencies should strengthen the day-to-day inspection of the construction of the law in the current administration area, to persuade and end violations, with a focus on strengthening national, provincial, municipal-level construction projects in the current administration area, “in-town villages” and in the upgrading of the old city.

The Government of the commune (communes) is responsible for the failure of village-building planning licences in this administrative area under the law, or for the construction of villages that are not based on the licence.

Article 17, the public security authority is responsible for the lawful suppression and investigation of violations of the management of the security sector in the course of the destruction of the law.

Article 18 Safety and Productive Regulators are led by law to investigate accidents in production as a result of the establishment of the law.

Article 19 The financial sector should include the requirements for the lawful construction of the law in the current financial budget and guarantee the normal conduct of the work.

Article 20 is governed by law by law by the inspectorate to conduct administrative inspections concerning the law enforcement, integrity, effectiveness, etc. of the administration authorities and their staff in the investigation of cases of administrative misresponsibilities and related inspection missions, such as administrative authorities and their staff, involved in the construction of the law.

Article 21 Businesss such as electricity, water supply, gas, should be identified as the relevant legal procedures for applications for electricity, water use, gas applications.

Article 2: The Village (HL) Commission, the Servicing Enterprise, etc., should work together to prevent and detect the construction of the law, identify violations and discourage them in a timely manner and report the relevant administrative authorities.

Article 23 shall be subject to the following provisions:

(i) strictly observe the provisions of urban and rural construction management;

(ii) Not to be carried out or involved in the construction of the law;

(iii) No legitimate benefit shall be obtained from the construction of a violation;

(iv) Actively cooperate with the relevant administrative authorities in investigating evidence of violations of the construction of the law, and the law enforcement instruments;

(v) Actively discourage violations and report complaints to the relevant administrative authorities;

(vi) Other acts prescribed by law, regulations and regulations.

The relevant administrative authorities should promptly receive reports, complaints, be processed in accordance with the law and inform the perpetrators of the results.

Reports of violations are valid and the relevant administrative authorities should give appropriate incentives.

Chapter III

Article 24

(i) To conduct a mission in accordance with the provisions of the Department's outreach programme and to make a careful record of the conduct;

(ii) Identifying the prompt dissuade, suppression, reporting, and taking evidence, such as intake, photography or on-site inspection; that is regulated by this sector in a timely manner; and that it is not the regulatory responsibility of this sector to be transferred to the relevant administrative authorities within 2 days of the date of the discovery of the violation;

(iii) It is found that construction material is suspected to be in violation of construction, which is part of the regulatory responsibilities of this sector, is registered and monitored in a timely manner; it is not the regulatory responsibility of this sector, where it is notified to the relevant administrative authorities that the notice should be promptly registered and monitored.

Article 25 concerning the lawful construction of a notice or transfer, a government at the present level or a parent department shall be verified within the date of acceptance.

Upon verification, the regulatory responsibilities of this sector should be established on 2 February of the date of acceptance and be followed in a timely manner with the relevant control measures; not in the regulatory responsibilities of this sector, the transferee shall be coordinated and transferred to the controlled service on the date of acceptance and the transfer of the transferee's sector shall be within 2 days of the date of receipt and, in a timely manner, take the relevant control measures.

The information should be communicated in writing, transferred and sent to the services of the administrative authorities after the notice, transfer, transfer, transfer or transfer of the alleged violation construction work or completion of the case.

Article 26 concerning the identification of offences between the administrative authorities or the disputed establishment of the jurisdiction shall be determined in consultation with the determination of jurisdiction or the request for common superior administrative authorities or the Government of the people at this level.

The relevant administrative authorities should clearly follow up on the inspection within the time period for the removal of the time limit of the alleged violation.

Article 28 is valid and the relevant administrative authorities should strictly implement administrative sanctions in accordance with the penalties procedures and the relevant laws, regulations and regulations. Recurrent and organized criminal construction, or unlawful construction of malicious interests, are punishable by law.

Article 29 does not provide legal certificates, such as land-use rights granted by law, planning permits, for the processing of property rights, and the home registration body shall not be subject to registration procedures.

Article 33 imposes the cost of dismantling the law in violation of the law and is borne by the perpetrator of the offence.

In the case of collective land and State land-based housing under the law, it is in violation of the law and is not compensated.

Article 31 provides for the construction of security accidents in violation of the law, and the Government of the people at the location should organize the power to dispose of them in a timely manner, in accordance with the provisions of the Production Safety Accident Report and the Survey Processing Regulations.

Chapter IV Corporal punishment

Article 32 does not obtain a licence for construction of engineering planning or have not been established in accordance with the construction engineering planning licence, which is terminated by an integrated urban law enforcement authority; corrective measures may be taken to eliminate the impact on planning, with a period of up to 10 per cent of the construction works; the inability to take corrective measures to eliminate the impact, the removal of deadlines, the removal of which cannot be dismantled, the confiscation of in-kind or proceeds by law, and the imposition of a fine of more than 10 per cent of construction works.

Article 33, in the communes, in the village planning area, has not been legally granted permission for village construction planning or has not been established in accordance with the provisions of the village-building planning permit, and the people's government is responsible for halting construction, time-bound change; and is removed by law by law.

Article 34 does not authorize temporary construction, either in accordance with the approved content, or in temporary buildings, constructions that exceed the period of ratification have not been dismantled, with the deadline for the closure of the urban integrated law enforcement authorities with managerial competence and a fine of the temporary construction works.

Article XV does not authorize the self-occupation of forested land to be carried out in violation of the law by the forest administrative authorities for a period of time, for the restitution of the restitution of the status quo, for the lawful removal of the illegal buildings, constructions and other facilities in the forest area and for the use of the forest land for a fine of between 10 and 30 square meters; for loss of forest resources, and for legal compensation.

Article XVI does not authorize the unauthorized use of greenfields, which has been returned by the urban Integrated Law Enforcement Department for the period of time, the restitution of the status quo, with a fine of up to 1000 dollars per square kilometre; and damages by law.

Article 337 violates the relevant laws, regulations, regulations and regulations governing the management of drinking water sources and is punishable by law by the executive authorities of environmental protection.

The mangrove lakes, hundreds of lakes, the Ahar water bank concerned the protection of drinking water sources and the violation of construction within the management of the city's two lakes, which is sanctioned by law by the authorities of the two lakes.

Article 338 builds and ground structures in the area of construction control on the two sides of the road, or alterations, expansions and reconstruction of buildings and ground-based structures already existing in the area of road construction control, which are dismantled by transport administrative authorities, in the light of the circumstances, with a fine of more than 1,000 dollars; in serious circumstances, a fine of more than 20,000 dollars; and the removal of the law by law of the late demolition.

Buildings and ground constructions in high-level road construction areas are constructed without regulatory authority and transferred to high-ranking road management bodies are punishable by law.

Article 39 is one of the following cases, which is being corrected by the urban Integrated Law Enforcement Department, which is overdue and is dismantled by law, resulting in loss, and compensated by law and punished in accordance with the following provisions:

(i) The construction of houses at the two main roads in the cities and in the landscape area, with a fine of more than 100 million dollars;

(ii) A fine of up to 5,000 dollars for construction, construction or other facilities at both the urban road and public sites;

(iii) With the approval of by law of the establishment of temporary buildings, constructions or other facilities that have not been restored after the expiry of the period of time, with a fine of more than 200 dollars;

(iv) The construction of buildings, constructions or other facilities under urban roads that are used by the city's roads in violation of the law, shall be subject to more than five times the cost of exhumation, and more than 10 times the cost of repair.

Article 40 was not authorized by law or used to deceive the approval of the construction of illegally occupied land, which was sanctioned by land administration authorities in accordance with the provisions of land management laws, regulations and regulations.

Construction works in the area of urban planning have not been carried out in accordance with the law for construction permits, which are sanctioned by the housing and urban-rural construction administrative authorities in accordance with the relevant legislation, regulations and regulations governing construction.

Other prohibitions or unauthorized criminal construction are punishable by law by the relevant administrative authorities.

Article 40 Districts where administrative penalties are not imposed relative to the concentration of administrative penalties (markets), and administrative penalties are imposed in accordance with the following provisions:

(i) In violation of urban and rural planning laws, regulations, regulations and regulations, implementation by urban and rural planning authorities;

(ii) In violation of urban green laws, regulations, regulations and regulations, the implementation of the urban green administration authorities;

(iii) Execution of urban and sanitation or municipal administration laws, regulations, regulations, regulations and regulations, in violation of urban urban rural and sanitation, or administrative authorities of municipal facilities.

Article 42 states that the urban Integrated Law Enforcement Department or the district (market) rural and urban planning authorities are responsible for the cessation of construction or closure of the decision in violation of urban and rural planning laws, regulations and regulations, and that the parties do not stop construction or late demolitions, and that the Government of the current people entrusts the urban integrated enforcement or district (market) rural and urban planning authorities with the measures taken by law for the seizure of construction sites, forced removal.

Other relevant administrative authorities are not in a position to stop the construction or removal of the decision in violation of the relevant laws, regulations and regulations, and the parties will not stop the construction or late dismantling of the decision, which provides for specific administrative coercive measures and the subject of their implementation, in accordance with the law, and the law does not require the application of the enforcement of the People's Court and apply to the enforcement of the People's Court.

Article 43 establishes a perpetrator of an offence or a person other than a person concerned, in violation of the provisions of the security administration, and is governed by the law by the public security authorities:

(i) To conceal, transfer, sell or destroy the property seized by the administrative law enforcement authorities in accordance with the law;

(ii) To block or organize, plan, absorption, and to incite the public to block the establishment of the relevant administrative authorities in accordance with the law, envelope and the forced removal of the law;

(iii) Other denials, obstacles to the enforcement of official duties by State organs.

The preceding paragraph provides for serious circumstances and penalties.

Relevant enterprises, such as construction, are in violation of the relevant provisions to carry out poor records of construction in violation of the relevant provisions, are recorded by the housing and urban-rural construction authorities in their good faith files and made available to society, including through the website.

Article 42 concerning the administrative authorities, units and their staff members who are not guilty of crimes, is governed by the administrative responsibility of the responsible and other persons directly responsible under the relevant provisions:

(i) Failure to carry out the responsibilities of the conduct of the conduct of the conduct of the conduct;

(ii) The failure to perform statutory responsibilities and the absence of an investigation into cases of alleged violations of construction;

(iii) Non-compliance with reporting, complaints, transfer of offences or cases, as prescribed;

(iv) Non-assistance and cooperation in the investigation of violations;

(v) Organizing, participating, supporting, condoning and sheltering the construction of the law;

(vi) Restructuring, concealing reports and rejecting information on the construction of information in violation.

Article 46 is one of the following cases, constituting an offence and transferred to the judiciary to be criminalized by law:

(i) The transfer, sale of land-use rights, or the conversion of farmland, such as cropland, forestland, to the use of occupied land and the construction of the law;

(ii) A major liability accident resulting from the construction of a violation;

(iii) The obstruction by violence and threat methods of the staff of the relevant administrative authorities of the violation of the law, incitement to mass violence against violations based on the law, administrative regulations and regulations, or the removal of violations of the law of the building site and the obstruction of the enforcement of the functions of the law enforcement staff;

(iv) Produce the perpetrator or other relevant personnel in violation of the law deliberately or hurt others in the course of forced removal of the law by law, or bribeing to the relevant administrative authorities;

(v) The use of illegal construction in violation;

(vi) Staff members of the relevant administrative authorities who, in the course of the suppression and investigation of violations or in the management of the security sector, abuse of their duties, play a role and advocate for private fraud in the process of dismantling the security management of the field in violation of the law;

(vii) Law on other suspected crimes.

Chapter V

Article 47