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Regulations of Shenzhen Special Economic Zone on Supervision of Planning Land

Time:2014-03-13 Hit:192


Regulations of Shenzhen Special Economic Zone on Supervision of Planning Land 

 (Originally adopted at the fourth Meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on November 3, 1995. As revised in accordance with the “Decision on Revising of Regulations of Shenzhen Special Economic Zone on Supervision of Planning Land ” of the Eighth Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on July 27, 2001.)
Chapter I  General Provisions
Article 1   In order to strength the supervision of plan, land and real estates of Shenzhen Special Economic Zone (hereinafter referred to as the “Special Zone”) , safeguard enforcement of the laws and regulations of planning land, these regulations are hereby formulated in light of the related laws and regulations of nation , combining with the special conditions of Special Zone.
 Article 2  Supervision of planning land in these regulations refers to supervision and inspection of the actions implementing and complying with the laws and regulations of plan, land and estate (hereinafter referred as planning land) carried by individual and unit, and investigation and prosecution of illegal actions violating the laws and regulations of planning land.
Article 3   The planning land administrative department of Shenzhen Municipal People’s Government (hereinafter referred to as the “Competent Authority”) is in charge of supervision of planning land in Special Zone. Its detached office (hereinafter referred to as the“Detached Office”) is in charge of the supervision of planning land in corresponding jurisdictional zone under the leading of Competent Authority.
The supervision institution of planning land set up by the Competent Authority to answer for supervising planning land is the functional organization with full time supervisory staff.
The related administrative departments, including the Public Security Organization, the Urban Administrative Department (the Administrative Bureau For Law Enforcement of Urban Administrative Department), the Industrial and Commercial Bureau, the Construction Bureau and the Planning Bureau, shall assistant the Competent Authority to supervise planning land in light of their own duties.
Article 4 The Competent Authority exercises the power of supervision of planning land independently according to the laws and regulations of planning land, where shall not be subjected to any interference by any other administrative organ, public organization and individual.
The planning land supervision shall comply with the principles of legality, timeliness and accuracy. To investigate and prosecute the case of illegal planning land shall be based on clarified facts, conclusive evidence, appropriate sentencing and lawful proceeding.
Article 5 The regional people’s governments (hereinafter referred to as the Regional Government) take charge of organizing and coordinating the planning land supervision work. The town governments ( subdistrct office) shall assist the Competent Authority to suppress, investigate and prosecute illegal actions violating the laws and regulations of planning land.
Article 6  The Competent Authority has the accountability to publicize the concerned laws and regulations of planning land strongly, establish and improve the responsibility system of enforcing law, promote efficiency, make things convenient for the people and prevent illegal actions of planning land.

Chapter II   Duty and Competence
Article 7 The supervisor shall
(1)   know the laws and regulations of planning land and the supervision operation of planning land;
(2)   maintain close ties with the masses and adopt the idea of serving the people and companies;
(3)   devote to duty and adhere to principles;
(4)   set a model of enforcement of laws justly, honestly and cleanly
(5)   be trained and assess eligibility.
Article 8   The Competent Authority and Detached Office shall perform the following duties:
(1) to supervise and inspect implement and compliance with the laws and regulations of planning land;
(2) to accept and hear the accusation and complaint about illegal actions of planning land;
(3) to investigate and handle the case of illegal planning land;
(4) to supervise and inspect the performance duty of planning land management of the lower-class administrative authority.
(5) to assist the relevant authority to investigate the cases of retaliating upon staff member who is in charge of managing planning land.
Article 9   The Competent Authority and Detached Office exercise the following supervising rights:
(1) to investigate the implement and compliance with laws and regulations of planning land by relevant unit and individual, to know information from the supervised authority and involving people, and to check, copy and obtain related documents and materials concerning the supervised matters;
(2) to investigate the illegal actions violating the laws and regulations of planning land, to order the supervised authority and individual to stop damaging the planning land legal relationship, to order people thereto to explain facts concerned the supervised matters in prescribed time and place, and if necessary, to take administrative compulsory measures according to law, such as sequestration or distress.
   (3) to advise relevant unit, Competent Authority or administrative supervision authority to impose administrative sanctions on the state functionary who shall be imposed administrative sanctions according to law;
(4) to apply administrative penalties on actions of violating the laws and regulations of planning land and trespassing to land; if necessary, to compulsorily dismantle illegal 2-floor or lower building, dependent building, and building being built.
Article 10 The grave and complicated cases shall be subjected to the jurisdiction of the Competent Authority, whereas the general case shall be subjected to the jurisdiction of the Detached Office.
The grave and complicated case herein refers to the case of land in possession illegally or transferring land illegally, where the area of land hereto is over 1000 square meters, or the case of changing the land’s function or enlarging land’s capacity rate, where the area of construction is over 1000 square meters.
Article 11 The Competent Authority shall have the power to investigate directly the case over which the Detached Office have jurisdiction; it may also transfer the case over which itself have jurisdiction to the Detached Office for investigation and prosecution.
   Article 12 If the Detached Office finds that a case is not under its jurisdiction, it shall refer the case to the competent Detached Office or to the Competent Authority directly in time.
    Article13 In the event of a jurisdiction dispute between two or more Detached Offices, it shall be resolved by the disputing parties through consultation according to the principle of acceptation first, investigation first. If the dispute cannot be so resolved, it shall be reported to the Competent Authority for the designation of jurisdiction.

Chaper III   Docketing a case, Investigation and Settlement
Article 14 The supervisor shall wear the uniform supervising mark and present the supervising papers in exercising the supervision right.
If violated, the supervised party has right to reject supervision.
Article 15 The Competent Authority and Detached Office shall establish system of regular supervision. The Competent Authority and Detached Office may either inspect overall the situations of implement and compliance with the law and regulation of planning land, or inspect the whole process of action of the supervised party in advance, in middle or afterwards.
Article 16 The Competent Authority and Detached Office shall place a case on file once an illegal action with the following conditions is committed:
(1)  with definite fact of illegal action violating the laws and regulations of planning land by doer
(2)  the administrative liability shall be pursued pursuant to the laws and regulations of planning land;
(3)  the case within the scope of supervision of the Competent Authority or Detached Office.
The Competent Authority or Detached Office shall place a case on file that the case is reported by the masses. To report situation may be in oral or written. Oral situation shall be placed on detailed record and with the reporter’s sign or seal after checked.
Article 17 If a case meets the requirements for acceptance, the Competent Authority or Detached Office shall place a case on file within ten days, fill in register and designate an undertaker. If it does not meet the requirement for acceptance, the Competent Authority or Detached Office shall reject it and inform the reason to the higher authority designating the case, the individual transferring the case or reporter.
Article 18 The supervisor shall of himself withdraw from the case if he is a party to the case or a near relative of a party or an interested party. The withdrawal of the supervisor shall be decided by the Competent Authority or Detached Office.
Article 19 If a case has been placed on file, the supervisor shall investigate timely. The collection of evidence includes documentary evidence, material evidence, oral evidence, litigant’s statement, records made on the scene, audiovisual reference material and record of on-site investigation and examination.
Article 20 The supervisor may collect and investigate the original document concerning case. The original document may be copy. After checked according to original document, the copier shall be signed “the same as the original by check”and signed or sealed by the supplier.
Article 21 The supervisor may inquire the party or witness, where having two and more supervisors, making a written record with the sign or seal of supervisors and the asked people. It shall also be record if the asked people refuse to sign or seal.
Article 22 The supervisor has power to investigate and exam on the scene by investigating machine where shall make a written record of on-site investigation and examination.
Article 23 If the Competent Authority or Detached Office finds out an illegal action is conducted continuously during the investigation; it shall order the illegal actor to stop by Information of Stopping Illegal Action.
Article 24 After investigating a case, the Competent Authority or Detached Office shall, in light of facts and laws, dispose it accordingly:
(1) if the illegal facts does not exist or the main evidence was insufficient, the case shall be set aside;
(2) if the illegal facts were clear evident and the evidence was conclusive and sufficient, the decision of administrative penalty shall be made according to laws;
(3) if the party shall be given administrative penalty according to law, the advise on administrative liability shall be informed to the party’s unit or the Competent Authority or the administrative supervision department according to personal management right;
(4)  if the offense constitutes a crime, criminal liability shall be pursued by judicial body according to law.
   Article 25 If the party shall be given administrative penalty, The Competent Authority or Detached Office shall make decision on administrative penalty with the following contents:
(1)  the basic information of parties
(2)  the nature of case
(3)  the illegal facts
(4)  the basis of application of law
(5)  the content of penalty
(6)  the authority and time limit for applying for reconsideration, or the time limit for filing an action and the court with which the action may be filed.
(7)  the time for making the penalty decision
Article 26 The investigation and disposal of an illegal case shall be concluded within 3 months after docketing the case. Where an extension of the period is necessary under special circumstances, an extension may be allowed subject to the approval of the president of the Competent Authority or Detached Office . The extension of the period shall not exceed 1 month.
Article 27 The Competent Authority or Detached Office shall serve legal documents to the party directly. If the party is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the agent or the department of the legal person or the other organization responsible for receiving such documents; If that party is a citizen, the documents shall be receipted by the person himself ;in case of his absence, the documents shall be receipted by an adult member of his family living with him or the  unit in which the party work.
If the person to whom the legal documents are to be served refuses to receive the documents, the person serving the documents shall ask the relevant person to be on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the received department or the place where the person on whom they are to be served lives or  and the service shall be deemed completed.
   If the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement in newspaper  subjected to the approval of the president of the Competent Authority or Detached Office. Thirty days after the public announcement is made, the documents shall be deemed to have been served.
If the documents of illegal building cannot be served by the other methods specified in the above Section I and II, the documents shall be served by posting on the standing place of the building and sending a copy to the neighborhood committee on where the building sites, the documents shall be deemed to have been served.

Chapter IV    Compulsory Measures and Enforcement
Article 28 During the course of investigating the illegal act, the Competent Authority and the Detached Office may take the compulsory measures, such as sealing up, distraint, etc.
Taking the administrative compulsory measures or relieving the administrative compulsory measures ahead of time shall get the approval of the president of the Competent Authority or the Detached Office.
Article 29  While taking the administrative compulsory measures, the Competent Authority or the Detached Office shall serve “Sealing Up Written Decision”or“Distraint Written Decision”signed by the president to the party, and may serve“Assisting Execution Notification”to the relating organizations.
Article 30 While executing sealing up or distraint, the Competent Authority or the Detached Office shall make the sealed-up or the distraint inventories in duplicate. Signed by the supervisor, the party and the people on the scene, one of the inventories shall be kept by the party, and the other one shall be kept by the Competent Authority or the Detached Office.
Article 31 The sealed –up property shall be sealed with strip by the Competent Authority or the Detached Office. Any other one shall not unauthorized use them.
The Competent Authority or the Detached Office shall take care of the distrained property.
Article 32 The Competent Authority or the Detached Office may relegate the concerned organization or individual to take care of the sealed-up property, and the expense shall be paid by the sealed-up party. The storing expense shall be paid by the Competent Authority or the Detached Office, in case the Competent Authority or the Detached Office seal up inaccurately. And the inaccurate sealing-up cause the sealed-up party economic damage, the compensation shall be paid pursuant to“The Law of National Compensation of PRC”.
Article 33 The period of sealing up or distraint shall not exceed 3months. Under special circumstances that the period shall be extended, the extended period shall not exceed 2 months, which shall be permitted by the president of the Competent Authority or the Detached Office.
Article 34 While the Competent Authority or the Detached Office making the decision of dismantling the illegal building by the party himself in limited time, in case that the party refuses to execute the decision, the Competent Authority or the Detached Office may dismantle the illegal building compulsorily.
The owner or the user of the illegal building can not be confirmed after investigating and announcement in newspaper, the Competent Authority or the Detached Office may organize to dismantle the illegal building.
Article 35 The Competent Authority or the Detached Office has served “The Notification of Stopping Illegal Act”to the illegal actor and the illegal actor continue to constructing, the Competent Authority or the Detached Office may dismantle the continued- constructing part directly.
Article 36  For the simple shanty illegally built with sheet iron, bamboo or wood and asbestos tile, the Competent Authority or the Detached Office shall order the illegal actor dismantle by himself in limited time. The Competent Authority or the Detached Office shall dismantle the illegally- built shanty compulsorily in case the illegal actor does not observe the order exceeding the limited time.
Article 37  The Competent Authority or the Detached Office, who decide to implement the compulsory dismantling, shall issue the notify of compulsory dismantling 10 days before implementing, and the notify shall be post on the standing place of the illegal building.
Article 38  The Competent Authority or the Detached Office shall make records of inquests on the compulsively-dismantled illegal building before implementing compulsory dismantling.
The records of inquests shall include the name, structure, architectonic acreage, fitting up standard, etc.
Article 39  The Competent Authority or the Detached Office shall inform the party or his adult family to be the scene when implementing the compulsory dismantling. The party or his adult family refusing to be the scene does not affect the implementation. The expenses of compulsory dismantling shall be assumed by the party.
Article40 In light of the scale and the need of the dismantled building, the Competent Authority or the Detached Office shall inform the relating departments, such as the Police Security, the Industrial and Commercial Bureau, the Taxation Bureau, the department of water and electricity, the Traffic Bureau, the department of communication, the department of fire fighting, etc, dispatching members to be scene to assist compulsory dismantling. The relating departments shall dispatch members to be scene on schedule and fulfill their own duties pursuant to the concerned regulations after received “The Notification of Assisting Implementation.
The government of district or town (subdistrict office) shall harmonize the dismantling action in light of the need, when the Competent Authority or the Detached Office implements the compulsory dismantling.
Article 41 The facilities of building lie with the illegal building shall be dismantled along with all the dismantled illegal building. If the property moved out of the dismantled building can not be handed over to the party,  the Competent Authority shall take care of them, and announce the party to claim.
The property mentioned above can not be handed over to the party or be claimed by legal owner after 3 months, the property shall be disposed pursuant to the legal procedure of notarizing derelict goods. Derelict goods shall be disposed pursuant to the concerned regulations of “The Statute of Auction of Shenzhen Special Economic Zone”.The expenses of storing, auction and sale shall be deducted from the money got from auction, and the remains shall hand to the municipal finance.
Article 42 The Competent Authority or the Detached Office shall suspend compulsory dismantling under the following conditions:
(1)  the court adjudicates or the reconsideration organization decides to cease to execute compulsory dismantling;
(2) third party puts forward dissension that is reasonable after inspected;
(3) the other situation that the Competent Authority or the Detached Office deems to suspend compulsory dismantling;
The situation of suspending compulsory dismantling disappears, the Competent Authority or the Detached Office shall renew to implement compulsory dismantling.
Article 43 The Competent Authority or the Detached Office shall terminate compulsory dismantling under the following conditions:
(1)   the court judges or the reconsideration organization decide retract the dismantling decision;
(2)   the party who be ordered to dismantle has dismantled illegal building by himself;
(3)  the other situation that the Competent Authority or the Detached Office deems  to terminate compulsory dismantling.
Article 44  Having finished compulsory dismantling, the executors shall make executing records which shall include the following contents:
(1)  name of the party, profession, residence, name of the organization, name of the legal  representative of the legal person, position, etc;
(2)  the name and the place of the dismantled building;
(3)  the time and the process of compulsory dismantling;
(4)  the signature and the seal of the executors of compulsory dismantling and the witnesses on scene;
(5) the time of making executing records.
Article 45  For the 3-floor or higher illegal building with the structure of brick and concrete, or the structure of reinforced concrete, which is ordered to be dismantled in limited time, the party neither applies for reconsideration or brings a suit exceeding the prescribed time, nor enforces the penalty decision of dismantling in limited time, the Competent Authority or the Detached Office apply court for dismantling compulsorily.
Receiving the “The Application of Implementation of Compulsory Dismantling” or the effective document of administrative decision from the Competent Authority or the Detached Office, the court shall appoint executor to learn the case immediately,and inform the person  implementing in appointed time. The court shall execute compulsorily , if the party does not execute exceeding the prescribed time.
The court shall make the decision of compulsory execution or no execution in 2 months of serving the“Application of Compulsory Dismantling”.
Article 46  The party may apply administrative reconsideration in case he refuses to accept the decision of administrative penalty or the administrative compulsory measures made by the Competent Authority or the Detached Office. Refusing to accept the decision of administrative penalty or the administrative compulsory measures made by the Detached Office, he may apply the Competent Authority for administrative reconsideration; refusing to accept the decision of administrative penalty or the administrative compulsory measures made by the Competent Authority, he may apply the relating administrative reconsideration organ of Shenzhen Municipal Government for reconsideration. The party may files a suit within 15 days of serving the written decision of reconsideration, if he refuses to accept the decision of reconsideration.
The party may also bring a suit directly within 15 days of serving the written decision of administrative penalty or the written decision of administrative compulsory measures made by the Competent Authority or the Detached Office.

Chapter V   Legal Liability
   Article 47  If the legal person or other organization refuse to fulfill the decision of penalty made by the competent authority or Detached Office, the legal representative or the chief official of the legal person and other organization may be imposed a fine not less than ¥10000 but not more than ¥20000, and be ordered to fulfill the fine in limited time.
Article 48  If the person prevents or obstructs the supervisors from or in lawfully exercising their power, such person shall be punished in accordance with the Regulations on Administrative Penalties for Public Security by the public security organization. If the person, by violence or threat to use violence, obstructs the mandatory dismantling, the public security organization shall assist to take mandatory measures and impose penalties in accordance with the law; if the offense constitutes a crime, the criminal liability shall be pursued according to law by judicial organization.
Article 49 If the Competent Authority or Detached Office breaks laws and regulations during the process of fulfill their managing duties of planning land, any individual or organization may accuse or complaint the illegal act. The concerned organizations investigate and prosecute the illegal conduct pursuant to laws and regulations. The governments and the Competent Authority shall cite and give award to the individual or organization mentioned above.
The Competent Authority or Detached Office and their members do not fulfill their duties according to law, higher authority shall impose administrative disciplinary measure to the person in charge of the Competent Authority or Detached Office.
Article 50 If a supervisor engages in malpractices for personal gain, neglects his duties or abuses the office in supervision, he shall be given administrative sanction by his work unit or higher authority according to law; if the offense constitute a crime, the criminal liability shall be pursued according to law.
Article 51 If the Competent Authority, Detached Office and other government department examine and approval beyond their power or without power and result in damages of legal benefit of other unit and person, these authority shall bear the liability for damages and the direct staff member shall be pursued administrative and economic liability according to law.
Chapter VI   Supplementary Provisions
Article 52 The terms referred in the following in these regulations means:
(1) Illegal building refers to the building in new-construction, or in extension, or in reconstruction, or the building which didn’t dismantle exceed the limited time, and these building without the approval of planning land competent authority or Detached Office, or without construction license or temporary construction license.
(2) illegal building in build refers to the building and dependent building in build without the approval of the competent authority or Detached Office and without construction license or temporary construction license.
Article 53 Shenzhen Municipal Government may formulate the detailed implementing measures pursuant to these regulations.
Article 54 These regulations shall take effect as of January 1, 1996.
Where there are contradictions between the provisions of these regulations and other relevant rules that enacted before these regulations go into effect, these regulations shall prevail.



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