(翻译)定稿-佛山市违法建设查处暂行办法

INTERIM MEASURES OF FOSHAN CITY ON THE INVESTIGATION AND DISPOSAL OF ILLEGAL CONSTRUCTIONS

 

 

Chapter I General Provisions

 

Article 1 These Measures are formulated for the purpose of strengthening urban and rural planning administration, preventing, investigating and disposing illegal constructions, and improving the quality of urban and rural environment in accordance with such laws and regulations as the Urban and Rural Planning Law of the People’s Republic of China and the Urban and Rural Planning Regulation of Guangdong Province and in light of the actual conditions of this City.

 

Article 2 These Measures apply to the inspection, determination and disposal of illegal constructions within the administrative region of this City.

 

Article 3 For the purpose of these Measures, the illegal construction refers to the construction, in violation of the relevant laws and regulations on urban and rural planning administration, falls within any of the following circumstances:

(1) It is built without the building permit or is built in violation of the provisions of the building permit;

(2) It is built without the building permit for rural construction or is built in violation of the provisions of the building permit for rural construction;

(3) It is built with building permit or the building permit for rural construction, but the checking of building line has not been made prior to the commencement of the construction or it fails to pass such checking;

(4) It is a temporary construction without approval or a temporary construction in violation of the content of the approval;

(5) It is a temporary construction or structure that has not been dismantled within the prescribed time limit.

Where the laws and regulations on water, transportation, land administration, historic preservation and landscaping provide otherwise, such provisions shall prevail.

 

Article 4 Whether a construction or structure which has been completed prior to the implementation of these Measures is an illegal constructions or not shall be determined in accordance with the laws and regulations effective when the construction is built. The corresponding guidance shall be formulated by the municipal people’s government of this City separately.

The people’s governments of all districts of this City shall, based on the actual conditions of their administrative regions, formulate renovation plans for illegal constructions existing prior to the implementation of these Measures, and make improvement of illegal constructions by means of dismantling illegal constructions, ordering relevant permits to be applied and conducting supervision. With respect to the illegal constructions for which the corrective measures can be taken, the involved party shall be ordered to make corrections and apply relevant permits; the illegal constructions whose safety hazards cannot be eliminated shall be dismantled according to law; and with respect to the illegal constructions for which the permits cannot be applied and which cannot be dismantled for the time being, the relevant competent departments shall include such illegal constructions into the supervision scope, urge the involved party to eliminate potential safety hazards, and establish a comprehensive administration and control mechanism.

 

Article 5 The investigation and disposal of illegal constructions shall be carried out pursuant to the principles of localized administration, hierarchical responsibility, multi-agency coordination and responsibility determined by law.

The people’s governments at the city, district and township level shall guarantee the funds used for investigating and disposing illegal constructions and incorporate the funds into the financial budget at the same level.

 

Article 6 The people’s governments at the city and district level shall reinforce the organization, leadership, supervision and inspection over the investigation and disposal of illegal constructions.

The municipal department of urban management and law enforcement of this City shall be responsible for organizing to implement these Measures, strengthening the guidance to the law-enforcement work carried out by grassroots law enforcement teams, and conducting the whole-process supervision over the law enforcement work.

The municipal department of urban management and law enforcement of this City shall be responsible for investigating and disposing the illegal constructions which violates the construction planning management within its administrative region and which violates the planning management of rural construction within the administrative regions of sub-district offices in accordance with the laws, regulations and relevant provisions on relatively centralized power of administrative penalty.

The people’s governments at the township level shall be responsible for investigating and disposing the illegal constructions which violates the planning management of rural construction within their respective administrative regions in accordance with the relevant provisions of laws and regulations.

The sub-district offices shall assist the municipal department of urban management and law enforcement of this City to investigate and dispose the illegal constructions within their respective administrative regions.

Such authorities as the departments of urban and rural planning, construction, land, industry and commerce, health, cultural radio and television, public security, fire control, transportation, environmental protection, water affairs, development and reform, and economy and information technology shall assist to implement these Measures within the scope of their respective functions and duties.

 

Article 7 The people’s governments at the city and district level shall organize such authorities as the departments of urban management and law enforcement, urban and rural planning, construction, land, industry and commerce, health, cultural radio and television, public security, fire control, transportation, environmental protection, and water affairs to establish a joint meeting system for investigating and disposing illegal constructions. And the joint meeting system shall be responsible for the following matters:

(1) Listening to reports on illegal constructions and their investigations and disposals made by the departments of urban management and law enforcement as well as other departments;

(2) Putting forward opinions and requirements on the investigation and disposal of illegal constructions according to the actual conditions;

(3) Guiding and coordinating the settlement of major difficulties and prominent problems occurring in the process of investigating and disposing the illegal constructions, and urging the relevant departments to perform their functions and duties according to law;

(4) Guiding and coordinating the centralized dismantlement of illegal constructions, the compulsory dismantlement of illegal constructions which have great difficulties in law enforcement, and other matters on the illegal constructions involving the jurisdictions of more than one department; and

(5) Guiding and coordinating other relevant important matters.

 

Article 8 Such authorities as the departments of urban and rural planning, construction, land, industry and commerce, health, cultural radio and television, public security, and fire control shall make information exchange with the departments of urban management and law enforcement, and provide such information as urban and rural planning, construction, housing rental record, land use, industrial and commercial registration, health, cultural management, fire control licensing information through the information sharing platform in a timely manner.

When the departments of urban management and law enforcement need to get access to information and materials of planning, land, housing and other aspects related to the investigation and disposal of illegal constructions, the relevant archival institutions shall provide cooperation.

 

Article 9 The people’s governments at the city and district level shall set up evaluation mechanisms of target responsibility for the investigation and disposal of illegal constructions, and take the investigation and disposal of illegal constructions as an important part of the evaluation of target responsibility and the executive leaders. Strict control shall be given to new illegal constructions. And the timely detection, control and dismantlement of existing illegal constructions shall be ensured. Where the people’s governments at the lower level fail to perform their localized administration duties of investigating and controlling illegal constructions or are incompetent in organizing the investigation and control of illegal constructions, the people’s governments at the higher level shall urge the people’s governments at the lower level to make investigation and disposal, and investigated the responsibility of the person(s)-in-charge or the directly accountable person(s).

 

Article 10 The people’s governments at all levels, sub-district offices, departments of urban and rural planning and departments of urban management and law enforcement shall organize to carry out the publicity and education work on the laws and regulations related to urban and rural planning and related to the investigation and disposal of illegal constructions, so as to enhance the awareness of the whole society to comply with the urban and rural planning.

The news media of this City shall actively cooperate to publicize the implementation of the urban and rural planning and the disposal of illegal constructions, and make more efforts in public opinion surveillance on illegal constructions and its investigation and disposal.

 

Article 11 All units and individuals shall have the right to complain or report any illegal construction act.

The departments of urban management and law enforcement and the people’s governments at the township level shall disclose to the public the mailbox, e-mail address and designated telephone number used for receiving complaints and reports on illegal constructions. Upon the receipt of any complaint or report, the departments of urban management and law enforcement and the people’s governments at the township level shall investigate and handle the complaint or report in a timely manner, and accept the complaint or reports if the acceptance conditions are met. If there is any specific complainant or informant, the authority which accepts the complaint or report shall notify the complainant or informant of the acceptance and of the disposal results in writing or by short message service within seven working days after the completion of the disposal.

 

Chapter II Inspection and Prevention of Illegal constructions

 

Article 12 The departments of urban management and law enforcement and the people’s governments at the township level shall set up a sectional responsibility mechanism and a routine inspection mechanism for the investigation and disposal of illegal constructions, rationally divide inspection areas within their administrative region, specify directly accountable persons of the inspection work, implement grid management, and timely discover and prevent the illegal constructions.

Sub-district offices shall promptly put off and prevent any illegal constructions discovered by them, and shall report the same to the departments of urban management and law enforcement within 24 hours.

 

Article 13 Where any department of urban management and law enforcement finds any violation falling into the authority of any other administrative departments, it shall notify the involved administrative department at the same level within three working days, and the involved administrative department shall promptly organize to make inspection and verification, handle the matter according to law, and feed back the disposal results to the notified department.

Where any other administrative department finds any illegal construction act in the process of carrying out administrative licensing, filing, acceptance, supervision and inspection of constructions, it shall, within three working days, notify the department of urban management and law enforcement at the same level and the people’s governments at the township level where the illegal construction is located. The department of urban management and law enforcement and the people’s governments at the township level shall promptly organize to make investigation and disposal, and feed back the disposal results to the notified department.

 

Article 14 The residents’ committees, villagers’ committees and property management enterprises shall dissuade and stop any illegal construction act discovered within their management scope, and make a written record thereof; and if the illegal construction act cannot be dissuaded and stopped, they shall notify the competent department of urban management and law enforcement and the people’s government at the township level where the illegal construction act occurs within three working days.

 

Article 15 Where the departments of urban management and law enforcement or the people’s governments at the township level discover any illegal construction under construction through administrative inspection or receiving any report on it and the situation is verified to be true, the involved party shall be ordered to stop the illegal construction.

Where the involved party fail to stop the illegal construction in accordance with the order of the department of urban management and law enforcement, the department of urban management and law enforcement shall promptly report the same to the people’s government at the same level, and the people’s government at the same level shall, within five working days from the date the report is received, instruct the departments such as the department of urban management and law enforcement to take measures including but not limited to closing down the construction site.

Where the involved party gets access to the construction site that has been closed down to proceed with the illegal construction, the department of urban management and law enforcement may promptly take measures according to law to prevent such act, and the public security organ may impose sanctions on the involved party in accordance with the relevant provisions of the Law of People’s Republic of China on Public Security Administration Penalties.

 

Article 16 The relevant departments in the people’s governments at the city and district level shall perform their functions and duties to prevent illegal constructions according to the following provisions:

(1) The departments of urban and rural planning shall not issue the building permit for any construction project which fails to comply with the detailed regulatory planning and the planning conditions; shall not issue verification opinions on compliance with the planning conditions of construction project for any construction which fails to comply with the planning conditions; shall supervise and inspect the projects under construction, and establish and improve a tracking management system for projects under construction;

(2) The departments of construction shall not issue the building permit without the corresponding planning permit, except for those which are not required to obtain the building permit according to the relevant provisions; shall not handle filing formalities on completion acceptance of any illegal building or structure for which the involved party has not yet finishing the corrections; and, when registering rental houses, the departments of construction shall check and examine the verification opinions on planning conditions of the construction project or other lawful title certificates such as the real estate ownership certificate;

(3) The departments of land shall not handle or shall postpone to handle the first registration of real estate, the transfer registration (except for the inheritance registration and the transfer registration according to the effective legal instruments) and the mortgage registration formalities for any illegal building or structure which has not obtained or is inconsistent with the verification opinions on planning conditions of construction project or for which the involved party has not yet been finishing the corrections;

(4) The departments of fire shall not accept or approve the application for verification on fire safety design of construction project, recordation of fire safety design and recordation of completion acceptance on fire safety for any construction project without the building permit or the interim construction approval document, except for those that are not required to obtain the building permit or provide the interim construction approval document according to the relevant provisions;

(5) The organs of public security shall, according to their statutory functions and duties, take away the involved parties, who seriously endanger the public security order, from the scene when the work of investigating and disposing illegal constructions is carried out, and shall take measures such as traffic control and on-site control when necessary;

(6) The departments of development and reform and the departments of economy and information technology shall incorporate the violation information of the involved parties who are subject to administrative penalties into the public credit information catalogue, and assist the relevant law enforcement departments in the publicity of those information.

 

Article 17 Relevant public service units and production and operation enterprises shall perform the following duties:

(1) Public service units such as water supply, power supply and gas supply and production and operation enterprises shall not provide services for any construction project without the building permit, the building permit for rural construction or the verification opinions on planning conditions of construction project;

(2) Designers of construction projects shall not issue formal design drawings for any construction project without the building permit or the building permit for rural construction;

(3) Builders and supervisors of construction projects shall not contract to build and supervise any construction project without the building permit or the building permit for rural construction;

(4) Premixed concrete production enterprises shall not sell premixed concrete to any construction project without the building permit or the building permit for rural construction.

The above-mentioned public service units and production and operation enterprises may specify in their service contracts that they have the right to unilaterally suspend or terminate providing services for the construction project which has been determined as illegal constructions according to law. The public service units and production and operation enterprises shall, as of the date they are notified, suspend or terminate providing services, according to law or according to the contracts, for any of their customers which has been determined as illegal constructions as notified by the departments of urban management and law enforcement and the people’s governments at the township level.

The provisions of the preceding two paragraphs are not applicable to any construction project which is not required to obtain relevant permits according to the provisions of construction planning administration.

 

Article 18 The commercial real estate development enterprises shall comply with the urban and rural planning approved and released according to law, and shall not induce others to carry out illegal constructions in the course of pre-sale or sale of commercial houses.

 

Chapter III Determination of Illegal constructions

 

Article 19 The departments of urban management and law enforcement and the people’s governments at the township level shall file a case if they discover any illegal construction act which falls within the scope of their functions and duties.

The departments of urban management and law enforcement and the people’s governments at the township level shall, within seven working days from the date the case is filed, seek opinions from the urban and rural planning department in writing, and the urban and rural planning department shall reply within 15 working days from the date the opinions are sought. If the circumstances involved in the illegal construction are complicated, the time limit can be extended appropriately, which shall not exceed 15 working days to the maximum extent. If the urban and rural planning department determines that the illegal construction is the one for which the correction measures can be taken to eliminate the impact on the implementation of urban and rural planning as stipulated by the urban and rural planning law, it shall put forward correction proposals to the departments of urban management and law enforcement and the people’s governments at the township level; and if it determines that the illegal construction is the one for which no correction measures can be taken to eliminate the impact on the implementation of urban and rural planning, it shall issue its determination opinions accordingly.

The departments of urban management and law enforcement and the people’s governments at the township level shall make disposal decision within 60 days from the date the correction proposals put forward by or determination opinions issued by the urban and rural planning department are received; if the case is of great importance or complicated, the time limit may be extended with the approval by the principal persons-in-charge of the departments of urban management and law enforcement or the people’s governments at the township level, however, such extension of the time limit shall not exceed 90 days. 

If the departments of urban management and law enforcement, the people’s governments at the township level, or the departments of urban and rural planning need to make investigation, survey, appraisal, hearing or publicity in the above-mentioned procedures, the time required for such activities shall not be included in the time limit prescribed for handling the case.

 

Article 20 Before a disposal decision is made, the departments of urban management and law enforcement and the people’s governments at the township level shall inform the involved parties of the facts, reasons and grounds on which the disposal decision is based and of the rights that the involved parties may have according to law. The involved parties have the right to make statements and defenses. The above administrative authorities shall fully listen to the opinions of the involved parties, and shall review the facts, reasons and evidences put forward by the involved parties; and if the facts, reasons and evidences put forward by the involved parties are established, the administrative authorities shall adopt them. The administrative authorities shall not aggravate the sanctions due to the defenses of the involved parties.

 

Article 21 Any of the following circumstances shall be determined as the circumstance under which the correction measures can be taken to eliminate the impact on the implementation of urban and rural planning:

(1) The construction is commenced with the building permit but is not carried out in accordance with the provisions of the building permit, and the correction measures such as dismantling part of the construction have been taken within the prescribed time limit to make the construction project comply with the requirements of the building permit;

(2) The construction is commenced without the building permit, but with the review documents on design scheme of construction project issued by the urban and rural planning department have been obtained, and the construction conforms to or may conform to the requirements of the review documents after the correction measures such as dismantling part of the construction have been taken; or

(3) The construction is commenced with building permit or the building permit for rural construction, but without the checking of building line or failing to pass the checking of building line. But later the construction passes the checking of building line within the prescribed time limit, and the construction project conforms to the requirements of the building permit or the building permit for rural construction.

 

Article 22 Any of the following circumstances shall be determined as the circumstance under which no correction measures can be taken to eliminate the impact on the implementation of urban and rural planning:

(1) The construction is commenced without the building permit or in violation of the provisions of the building permit and falls into the circumstance stipulated by the second paragraph in Article 80 of the Urban and Rural Planning Regulation of Guangdong Province;

(2) It is a temporary construction without approval, or the temporary buildings or structures have not been dismantled after the prescribed time limit is expired;

(3) The part of the temporary construction which has been approved but has not been carried out in accordance with the approved design scheme of construction project, and violates the planning conditions or the technical standards of urban and rural planning exceeding the reasonable deviation;

(4) The part of the construction which is commenced without the building permit for rural construction or in violation of the provisions of the building permit for rural construction, and violates the mandatory content of village planning or the technical standards of urban and rural planning exceeding the reasonable deviation.

The standards of reasonable deviation mentioned in items (3) and (4) shall be formulated by the municipal people’s government of this City separately.

 

Article 23 Where a construction falls within any of the circumstances stipulated in Article 21 hereof and any of the following circumstances simultaneously, it can be determined as the illegal construction that cannot be dismantled:

(1) It is difficult to dismantle the illegal construction due to its inseparability, or the dismantlement thereof may affect the safety of main structure of adjacent buildings or structures;

(2) It cannot be dismantled through the existing dismantlement technologies or under the existing geographical environment; or

(3) The dismantlement thereof will cause serious damage to the legitimate rights and interests of non-fault interested parties or to the public interest or will result in any other serious consequences.

When determining any illegal construction that cannot be dismantled, the competent department of urban management and law enforcement shall, jointly with the departments of urban and rural planning, construction, and land, organize experts or entrust relevant professional agencies to make demonstration, and the demonstration results and reasons shall be published in an appropriate way.

 

Article 24 The departments of urban management and law enforcement and the people’s governments at the township level shall serve legal documents by the means of personal delivery, leaving the said documents at the place of service, mail, or public announcement in accordance with the relevant provisions of the law.

In the course of investigation and evidence collection, the involved parties shall provide the address used for the service of legal documents and fill in a confirmation letter of the service address in accordance with requirements specified by the departments of urban management and law enforcement and the people’s governments at the township level. The involved parties shall accurately fill in the confirmation letter of the service address and promptly request to make a change if the service address is changed. The departments of urban management and law enforcement and the people’s governments at the township level shall serve the legal documents according to the address confirmed by the involved parties.

If the involved parties’ whereabouts become unknown or the legal documents cannot be served by the means of personal delivery, leaving the said documents at the place of service or mail, the departments of urban management and law enforcement and the people’s governments at the township level may serve the legal documents by announcing the legal documents on their websites and bulletin boards, and the announcement period shall not be less than 60 days. The departments of urban management and law enforcement and the people’s governments at the township level shall publish the addresses of their websites and bulletin boards to the public.

 

Chapter IV Dismantlement of Illegal constructions

 

Article 25 The departments of urban management and law enforcement and the people’s governments at the township level may circulate the information of any party involved in the illegal constructions to the relevant departments and units, and the relevant departments and units shall supervise and urge the involved party to promptly rectify its violation:

(1) Where the involved party is a state organ, public institution or state-owned enterprise, it shall be supervised and urged by its higher authority or competent department;

(2) Where the involved party is a non-state-owned enterprise, it shall be supervised and urged by the competent department of the relevant industry;

(3) Where the involved party is a social organization, it shall be supervised and urged by the competent department and the civil affairs department;

(4) Where the involved party is a religious group, it shall be supervised and urged by the competent department of religious affairs;

(5) Where the involved party is an employee of any state organ, public institution or state-owned enterprise, it shall be supervised and urged by the unit for which the involved party works; and

(6) Where the involved party is an urban resident or a villager and the illegal constructions is located in the town or village where the involved party lives, the involved party shall be supervised and urged by the residents’ committee or the villagers’ committee to which the involved party belongs.

 

Article 26 After a decision requiring the dismantlement of any illegal construction within a prescribed time limit has been made by the departments of urban management and law enforcement and  the people’s governments at the township level, the departments of urban management and law enforcement shall, if the involved party has not petitioned for administrative reconsideration or brought administrative litigation within the statutory time limit, submit a report to the people’s government at the same level immediately upon completing such procedures as public announcement or public notice according to law. And the people’s government at the same level shall, within 15 working days from the date of receiving the report, instruct in writing the departments of urban management and law enforcement and other relevant departments to compulsorily dismantle the illegal construction according to law; and the people’s governments at the township level may make the decision of compulsory dismantlement according to law and organize to compulsorily dismantle the illegal construction.

Where the compulsory dismantlement of illegal constructions organized by the departments of urban management and law enforcement and the people’s governments at the township level may cause great social impact, they shall organize relevant departments or entrust relevant institutions to carry out a social stability risk assessment in advance.

Such authorities as departments of public security, notary public, and health as well as the residents’ committees, villagers’ committees and property management enterprises where the illegal constructions are located shall provide assistance and cooperation.

 

Article 27 The departments of urban management and law enforcement and the people’s governments at the township level shall inform the involved party in writing of removing its property out of illegal constructions before the illegal constructions is dismantled compulsorily. Where the involved party refuses to remove its property, such property shall be recorded, for which a list of items shall be prepared. The list of items shall be made in two counterparts and state the following content:

(1) name and address of the involved party;

(2) name, quantity and status of the property;

(3) time when the involved party may get back the property; and

(4) name of the administrative organ and date.

The list of items shall be signed or sealed by the involved party and delivered to the involved party at the scene. Where the involved party is not present or refuses to sign, the law enforcement agency may, after such items have been witnessed by the representatives of the grassroots autonomous organization or notarized by the notary public at the scene, temporarily keep the items and notify the involved party to collect them. The involved party shall, within 60 days from the date the compulsory dismantlement is commenced, collect such items at the designated place, and any loss caused by delay in collecting the items shall be assumed by the involved party, except for those caused by the fault of the law enforcement agency, which shall be compensated by the law enforcement agency.

 

Article 28 Where the departments of urban management and law enforcement and the people’s governments at the township level compulsorily dismantle any illegal construction, they shall make law enforcement records, take pictures at the scene, make audio and video recordings, and keep the aforementioned materials as attachments to the case files.

 

Article 29 The departments of urban management and law enforcement and the people’s governments at the township level may organize to carry out the centralized act of dismantling illegal constructions.

Before the departments of urban management and law enforcement and  the people’s governments at the township level carry out the centralized act of dismantling illegal constructions or organize to carry out the compulsory dismantlement of illegal constructions which has great difficulties in law enforcement, they may send a letter of law-enforcement assistance to such authorities as departments of urban and rural planning, construction, land, public security, and fire control three working days in advance, and the relevant departments shall provide cooperation within their authorities and send law enforcement officers to assist the law enforcement at the scene.

 

Article 30 With respect to the constructions which are under construction or have been completed without relevant building permits and their builders cannot be determined, the departments of urban management and law enforcement and the people’s governments at the township level shall post an announcement in a prominent place at the scene of the illegal constructions, and publish the announcement in the public media such as local major newspapers or municipal government websites to urge the accountable person(s) to accept the disposal according to law, and the announcement period shall not be less than 30 days. Where the accountable person(s) still cannot be determined when the announcement period expires, the departments of urban management and law enforcement and the people’s governments at the township level shall compulsorily dismantle the illegal constructions according to law.

Where the illegal constructions whose builders cannot be determined may affect such interest as public safety and transportation if not being dismantled in a timely manner, the departments of urban management and law enforcement and the people’s governments at the township level may, after going through the formalities of evidence preservation with the notary organization, compulsorily dismantle the illegal constructions according to law.

 

Chapter V Legal Liability

 

Article 31 Where any person in-charge or any other accountable person of the departments of urban management and law enforcement, the people’s governments at the township level and the sub-district offices commit any of the following acts, the unit with which such persons work, the competent department at the higher level or the disciplinary supervision organ shall order him/her to make corrections or impose sanctions:

(1) Such person, in violation of the second paragraph of Article 11 hereof, fail to accept, register and deal with any complaint or report upon the receipt of the complaint or report, or fail to inform the complainant or reporter of the disposal status and disposal results within the prescribed time limit;

(2) Such person, in violation of Article 12 hereof, fail to perform their routine inspection duties within the areas for which they are responsible and fail to timely discover the illegal constructions, if the circumstances are serious; or fail to report or prevent the illegal constructions after they have discovered the illegal constructions, if the circumstances are serious; or

(3) Such person, in violation of the provisions of Articles 15, 19, 20, 24, 26, 27, 28, 29 and 30 hereof, fail to deal with any illegal constructions which ought to have been dealt with according to law or fail to carry out relevant procedures with respect to any illegal constructions, if the circumstances are serious.

 

Article 32 Where any person in-charge or any other accountable person of such authorities as the departments of urban and rural planning, construction, land, fire control, and public security fail to perform their duties in assisting the prevention of illegal constructions as stipulated by Article 16 hereof, or where any person in-charge and any other accountable persons of the archival institutions fail to provide relevant information or archives to the departments of urban management and law enforcement  according to the provisions of Article 8 hereof, the unit with which such persons work, the competent department at the higher level or the disciplinary supervision organ shall order them to make corrections or impose sanctions.

Article 33 Where any residents’ committee or villagers’ committee fails to perform its duties to dissuade, prevent and report any illegal construction in violation of Article 14 hereof, the competent sub-district office or the people’s government at the township level shall circulate a notice of criticism and order it to make corrections within a prescribed time limit.

Where any property management enterprise fails to perform its duties to dissuade, prevent and report any illegal construction in violation of Article 14 hereof, the competent department of construction shall enter the violation information of such property management enterprise into the credit archive management system of real estate industry, publish its violation, and deduct its credit points.

 

Article 34 Any unit or individual in violation of Article 17 hereof shall be imposed sanctions by the departments of urban management and law enforcement according to the following provisions:

(1) Public service units such as water supply, power supply and gas supply and production and operation enterprises which provide relevant services in violation of Subparagraph (1), Paragraph (1) of Article 17 hereof shall be ordered to make corrections; and shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan, if the corrections have not been made within the prescribed time limit;

(2) Designers of construction projects which issue formal design drawings on constructions in violation of Subparagraph (2), Paragraph (1) of Article 17 hereof shall be ordered to make corrections; and shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan, if the corrections have not been made within the prescribed time limit;

(3) Builders and supervisors in violation of Subparagraph (3), Paragraph (1) of Article 17 hereof shall be ordered to make corrections; and shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan, if the corrections have not been made within the prescribed time limit;

(4) Premixed concrete production enterprises which sell premixed concrete in violation of Subparagraph (4), Paragraph (1) of Article 17 hereof shall be ordered to make corrections; and shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan, if the corrections have not been made within the prescribed time limit;

In case of any violation of the above Subparagraphs (2) to (4), the department of   urban management and law enforcement which imposes the sanctions shall inform the department of construction at the same level of the relevant punishment results, and department of construction at the same level shall enter the violation information of such units or enterprises into the credit management platform of construction industry, publish their violations, and deduct their credit points.

 

Article 35 Where any commercial real estate development enterprise violates Article 18 hereof inducing any proprietor to build illegal constructions, the competent department of construction shall order such enterprise to make corrections, impose a fine of not less than between 10,000 yuan but not more than 50,000 yuan, enter its violation information into the credit archive management system of real estate industry, publish its violation, and deduct its credit points.

 

Article 36 With respect to any illegal construction for which the correction measures can be taken to eliminate the impact on the implementation of urban and rural planning as stipulated by Subparagraphs (1) and (2) of Article 21 hereof, the departments of urban management and law enforcement shall order the involved party to make corrections within a prescribed time limit and impose a fine equal to 5% of the construction project costs, if the correction has been made within the prescribed time limit; and shall take such measures as compulsory dismantlement according to law and impose a fine equal to 10% of the construction project costs, if the correction has not been made within the prescribed time limit,

With respect to any construction project whose checking of building line has not been made or which fails to pass the checking of building line, the departments of urban management and law enforcement and the people’s governments at the township level designated by the provincial people’s government shall order the involved party to stop the construction and make corrections within a prescribed time limit. Where the involved party fails to make corrections within the prescribed time limit, the departments of urban management and law enforcement or the people’s governments at the township level designated by the provincial people’s government shall impose a fine of 10,000 yuan on the involved party, if it is a unit or a fine of 2,000 yuan if it is an individual.

Where the illegal construction act is minor and can be corrected promptly by the involved party and no harmful consequences have been caused, no administrative penalties shall be imposed.

 

Article 37 With respect to any illegal construction for which no correction measures can be taken to eliminate the impact on the implementation of urban and rural planning as stipulated by Article 22 hereof and except for those which cannot be dismantled as stipulated by Article 23 hereof, the relevant departments shall, based on their respective functions and powers, deal with the situation respectively according to the Articles 64, 65 and 65 of the Urban and Rural Planning Law of the People’s Republic of China.

 

Article 38 With respect to any illegal construction which cannot be dismantled as stipulated by Article 23 hereof, the departments of urban management and law enforcement shall confiscate the property or illegal income of the involved party and may impose a fine less than 10% of the construction project costs.

 

Article 39 Where the party involved in illegal constructions is a state organ, mass organization, public institution, state-owned enterprise, residents’ committee or villagers’ committee and fails to dismantle the illegal constructions by itself within the time limit prescribed in the dismantlement decision of illegal constructions, or hinders the dismantlement of illegal constructions, the departments of urban management and law enforcement or the people’s governments at the township level may, in addition to the compulsory dismantlement of illegal constructions according to law, submit the matter to its competent organ for imposing disciplinary sanctions on the persons directly in-charge and other accountable persons according to law.

Where the party involved in illegal constructions is a state functionary and the circumstances stipulated in the preceding paragraph is involved, the departments of urban management and law enforcement or the people’s governments at the township level may, in addition to the compulsory dismantlement of illegal constructions according to law, submit the matter to its competent organ for imposing disciplinary sanctions according to law.

 

Article 40 Anyone who, in the course of investigating and disposing any illegal constructions, hinders the staff members of the departments of urban management and law enforcement, of the people’s governments at the township level or of other relevant departments to perform their duties according to law shall be penalized by the public security organs in accordance with the Law of People’s Republic of China on Public Security Administration Penalties; and if a crime is constituted, criminal liability shall be investigated for in accordance with law.

 

Chapter VI Supplementary Provisions

 

Article 41 These Measures shall become effective as of April 1, 2018.