Qiuyufu (2010) No.98 document

Notice of Chongqing Municipal People's Government on Further Strengthening the Renovation of Illegal Buildings in the Main City

The people's governments of all districts in the main city and the relevant departments and units of the municipal government:

In order to consolidate and expand the achievements of special rectification of illegal buildings in the main city in recent years, improve the quality of the city and improve the urban environment, the municipal government decided to further intensify the rectification of illegal buildings in the main city and resolutely crack down on illegal construction in urban and rural areas. The relevant matters are hereby notified as follows:

One is to strengthen organizational leadership.

In order to strengthen the organization and leadership of the rectification of illegal buildings in the main city and ensure that all tasks are put in place, a leading group for the rectification of illegal buildings in the main city (hereinafter referred to as the leading group) was established, with the deputy mayor in charge of the municipal government as the leader and the deputy secretary-general in charge of the municipal government as the deputy secretary-general. The director of the Municipal Planning Bureau and the director of the Municipal Bureau of Land and Housing Management served as deputy heads. Municipal Letters and Calls Office, Municipal Finance Bureau, Municipal Urban and Rural Construction Committee, Municipal Public Security Bureau, Municipal Supervision Bureau, Municipal Bureau of Land and Housing Management, Municipal Planning Bureau, Municipal Political Commissar, Municipal Administration for Industry and Commerce, Municipal Legislative Affairs Office, Municipal Garden Bureau, Municipal Information Office, Municipal Supervision Office and other departments, with the people's governments of all districts in the main city and the Northern New District Administrative Committee as members.

The office of the leading group is located in the Municipal Planning Bureau, with the director as the director, and the person in charge of the Municipal Planning Bureau, the Municipal Bureau of Land and Housing Management, the Municipal Supervision Bureau and the municipal government supervision room as the deputy director of the office. The office is composed of the staff of the Municipal Planning Bureau and the Municipal Bureau of Land and Housing Management, and is responsible for implementing the decisions made by the leading group and guiding the demolition and rectification of illegal buildings in various districts of the main city; Responsible for the supervision, inspection, statistics, acceptance and other daily work of illegal building rectification work, organize and guide the activities of illegal building community creation, and formulate relevant work systems and norms.

Second, clear job responsibilities.

The people's governments at all levels and relevant departments in the main city should conscientiously perform their duties, implement their responsibilities, pay close attention to the management of * * *, and cooperate closely to carry out in-depth rectification of illegal buildings in the main city.

(1) Responsibilities of relevant government departments.

The planning department takes the lead in organizing the verification and identification of illegal buildings within the scope of urban construction land in the main city of Chongqing Urban and Rural Master Plan (according to the plan approved by the State Council, see Annex 1 and Annex 2, the same below), and makes a decision according to law. In the district where the comprehensive law enforcement bureau is established, the comprehensive law enforcement bureau (or the department that performs the functions of the comprehensive law enforcement bureau) is responsible for verifying and identifying the illegal buildings in the above-mentioned areas, and making a decision according to law.

The land and housing management department takes the lead in organizing the verification and identification of illegal buildings outside the scope of urban construction land in the main urban area of Chongqing's overall urban and rural planning, and makes a decision according to law. Strengthen the supervision and management of property management companies. Property management enterprises that do not discourage, stop or report illegal construction shall be dealt with by informed criticism, cancellation of annual assessment and reduction of management qualification in accordance with the provisions of the Chongqing Property Management Regulations and other laws and regulations. Instruct the land and housing ownership registration agency not to enter the market for illegal buildings and houses with illegal buildings that have been copied by the planning, land and housing management and comprehensive law enforcement departments, and not to handle real estate transactions and registration procedures such as transfer and mortgage. However, if the illegal state has been eliminated, the relevant law enforcement departments shall promptly confirm and report to the land and housing ownership registration agency for the record, and at the same time lift the relevant restrictions.

The municipal department is responsible for investigating the pavilions and sheds that affect the urban landscape within the scope of urban roads. After the illegal buildings are demolished, they belong to urban roads and municipal facilities, and their use functions will be restored as soon as possible.

Urban and rural construction departments are responsible for investigating illegal construction, decoration units and design units.

The garden department is responsible for the greening of urban green space and land suitable for greening after the demolition of illegal buildings.

The financial department is responsible for arranging special funds for the demolition and renovation of illegal buildings.

When applying for a business license, the industrial and commercial department shall require the applicant to submit a legal certificate of residence use. Those who use illegal buildings copied by planning, land and housing management and comprehensive law enforcement departments for production and business activities shall not be registered. For operators who have applied for business licenses before the date of issuance of this notice, in the rectification of illegal buildings, if their residences (business premises) are identified as illegal buildings by planning, land and housing management and comprehensive law enforcement departments, the comprehensive law enforcement departments shall order them to stop their business activities, and the industrial and commercial departments shall handle the change and cancellation of registration according to law.

From the perspective of maintaining social stability, the public security department should dispatch corresponding police forces and closely cooperate with the forced demolition of illegal construction sites where contradictions and mass public security incidents may occur. Obstruct, obstruct or refuse law enforcement officers to perform official duties according to law, and be punished in accordance with the Law of People's Republic of China (PRC) on Public Security Administration Punishment. Anyone suspected of committing a crime shall be investigated for criminal responsibility according to law.

The municipal government supervision room is responsible for the supervision and supervision of illegal building renovation work, and the supervision will be included in the annual target assessment of the municipal government to the people's governments of all districts in the main city, the northern new district management Committee and the relevant departments of the municipal government.

The supervision department shall strengthen supervision over the rectification of illegal buildings and urge relevant departments or units to actively cooperate with the rectification of illegal buildings. To investigate the responsibility of the staff of administrative organs who have caused serious consequences by illegal examination and approval, inaction and chaos.

The legal department should do a good job in the revision, examination and registration of relevant laws, regulations and normative documents, and provide institutional support for effectively curbing the emergence of illegal buildings and effectively cracking down on illegal construction.

Letters and visits departments should actively cooperate and do a good job in letters, visits and persuasion.

The municipal government information office is responsible for the publicity and news release of illegal building renovation work, and checks important news reports.

(two) the responsibilities of the people's governments of the districts in the main city and the administrative committee of the northern new district.

The people's governments of all districts in the main city and the Administrative Committee of the Northern New District shall be responsible for the rectification of illegal buildings, and shall be responsible for making a compulsory demolition decision on illegal buildings in accordance with the provisions of Article 77 of the Chongqing Urban and Rural Planning Regulations. The people's governments of all districts in the main city shall implement the specific implementation work to the town people's government and sub-district offices when organizing demolitions. It is necessary to further improve the system and mechanism of preventing and investigating illegal buildings in this administrative region, actively carry out the creation of residential areas and communities without illegal buildings, and prevent the emergence of new illegal buildings.

(three) the town people's government (street offices) responsibilities.

The Town People's Government is responsible for investigating and dealing with illegal buildings in township and village planning areas. According to the principle of territorial management, the town people's government and sub-district offices should establish a supervision network for illegal buildings to find and stop illegal buildings in time. In accordance with the requirements of the District People's Government (Northern New District Administrative Committee), organize the demolition and rectification of illegal buildings within their respective administrative areas. At the same time, organize the creation of communities and communities without illegal buildings.

Third, improve the working mechanism.

(a) the establishment of * * * joint management mechanism. The relevant departments of the municipal government should earnestly perform their administrative duties, give full play to their professional management functions, actively cooperate with the people's governments of all districts in the main city and the Administrative Committee of the northern new district to do a good job in rectifying illegal buildings, put an end to mutual prevarication and administrative inaction, and form a comprehensive law enforcement mechanism with up-and-down linkage, full cooperation, rapid response and heavy punches.

(two) to establish a working mechanism to prevent, stop and dispose of illegal buildings.

First, establish and improve the prevention system of illegal buildings. On the basis of the existing planning, land and comprehensive administrative law enforcement system, a vertical supervision system for illegal buildings at the city, district, town (street) and village levels will be established to timely discover, effectively stop and severely crack down on illegal buildings. At the same time, the establishment of industry and commerce, property rights registration and water, electricity, gas and other relevant functional departments of the horizontal contact law enforcement system, planning, land and housing management, comprehensive law enforcement departments to sue illegal buildings, power supply departments shall not set up households to supply electricity, other users shall not send electricity to illegal buildings. Water supply, gas supply and communication departments should also make corresponding restrictions according to law to curb the emergence of illegal buildings in many ways.

The second is to establish a mechanism for towns (streets), villages and cooperatives to find and stop illegal buildings in urban and rural areas. Towns (streets), villages and cooperatives should earnestly perform their supervisory duties on illegal construction and land use in urban and rural areas, actively carry out inspections, and immediately stop illegal construction after discovering illegal land use and illegal construction. If the parties to illegal construction do not stop illegal construction, they shall report to the relevant departments in a timely manner.

The third is to establish a working mechanism to stop illegal buildings in urban and rural areas. If the illegal building is found and confirmed by the planning, land and housing management, comprehensive law enforcement and other departments according to law, the parties involved in illegal construction still do not stop their illegal construction, they can take effective measures such as informing the relevant departments in writing to stop the illegal building's power supply, water supply, gas supply and communication, and restrict its continued illegal construction and use, or the District People's Government (Northern New District Administrative Committee) will organize forces in time to seal up the construction site and forcibly dismantle the illegal building to reduce administrative costs and property losses.

(3) Implementing the listing supervision system. The Office of the Leading Group will strengthen the daily inspection, supervision, inspection and guidance of the special rectification work in all districts of the main city, supervise and supervise the construction of buildings that seriously affect the urban landscape, the strong reaction of the masses, the urban and rural planning, the control scope of the "four mountains" and the illegal wind, and take the demolition and rectification of listed supervision projects as an important part of the year-end assessment. Where the office of the leading group issues a supervision notice, all districts in the main city should intensify their work to ensure that the disposal work is completed on time. Not completed on time, transferred to the municipal government supervision.

(four) the implementation of strict acceptance system. The main city and the northern new district should establish a detailed account of illegal buildings and implement an acceptance form for an illegal building. Each illegal building should be accompanied by photos before and after demolition, detailed location, area and quantity, and the manager and inspector should sign the acceptance form. The acceptance form is used as the basis for year-end inspection and illegal fund allocation.

(five) the implementation of supervision system. The office of the leading group will supervise and supervise the rectification of illegal buildings in the main city and the northern new district from time to time in conjunction with the municipal government supervision office and the municipal supervision bureau, put forward rectification opinions in time for problems found in the inspection, and issue the Notice of Supervision and Supervision for those that have not been rectified.

(six) the implementation of accountability system. The people's governments of all districts in the main city, the Administrative Committee of the Northern New District and the relevant departments of the municipal government shall conscientiously perform their duties in accordance with the provisions of this notice. It is the responsibility of the functional departments to find illegal buildings, not to file an investigation and not to make a decision on handling them. Relevant functional departments apply to the District People's Government (Northern New District Administrative Committee) for compulsory demolition. If the District People's Government (Northern New District Administrative Committee) fails to organize compulsory demolition, the District People's Government (Northern New District Administrative Committee) shall be responsible. To supervise the project is not completed within the time limit, or a town (street) within the administrative area of a year more than three new illegal construction and untreated, the office of the leading group can draw supervision departments to implement accountability.

(seven) the implementation of the target assessment system. Incorporate the rectification of illegal buildings into the annual target assessment of the people's governments of all districts in the main city and the municipal government of the northern new district management Committee. According to the requirements of the "Responsibility Letter for Urban and Rural Planning Management Objectives" signed by the municipal government every year with the people's government of the administrative committee of the main city and the northern new district, if the task of rectifying illegal buildings throughout the year and creating a community without illegal buildings is not completed within the specified time, it shall be calculated according to the unfinished amount.

Deduct points for the proportion of assigned tasks. For those who fail to complete the listing supervision task within the time limit, add illegal buildings untreated, functional departments apply for compulsory removal or sealing up the construction site, and the District People's Government (Northern New District Administrative Committee) fails to organize the implementation according to law, points will be deducted according to regulations.

(eight) to carry out activities to create illegal construction communities and communities. Starting from 20 10, activities to create illegal building communities and communities will be carried out in the main city. In line with the conditions, the office of the leading group awarded the title of illegal building community and community, and commended and rewarded in the city. Delisting system will be implemented for new illegal buildings after the award, and informed criticism will be established in the city.

Fourth, strict work requirements.

(1) Implementing responsibilities at different levels. The renovation of illegal buildings is the responsibility of the people's governments of all districts in the main city and the administrative committee of the northern new district, and the main person in charge is the first responsible person. The people's governments of all districts in the main city and the northern new district management committee should attach great importance to it, strengthen organizational leadership, set up corresponding working institutions, further clarify the tasks and implement responsibilities at different levels. The relevant departments and units of the municipal government should earnestly perform their duties, increase guidance and actively assist in the rectification of illegal buildings.

(2) Adhere to administration according to law. For illegal buildings included in the demolition plan, we should adhere to the principle of mobilizing to dismantle them as much as possible. Units or individuals who are willing but unable to dismantle themselves can organize forces to assist in the demolition. For those who refuse to be demolished, after improving the relevant legal procedures, the District People's Government (Northern New District Administrative Committee) or the Town People's Government (street offices) shall organize the implementation of compulsory demolition according to law.

(3) Do a good job in safety. Earnestly implement the illegal building renovation funds. City, district finance should be based on the division of responsibilities of illegal building renovation, its work funds into the annual budget, and separate the special funds for illegal building renovation to ensure the development of illegal building renovation work. The environment after the demolition of illegal buildings should be rectified in time to prevent the emergence of new illegal buildings. After the demolition of garbage removal, road improvement, land reclamation, greening transformation, unified by the District People's government (Northern New District Management Committee) to organize the implementation.

(4) Strengthen publicity. We should do a good job in publicity and public opinion guidance with great fanfare, report the trends and typical cases of rectifying illegal buildings in a timely manner, give play to the role of public opinion supervision, expose typical illegal buildings in a timely manner, always maintain a high-pressure situation against illegal buildings, and create a good public opinion atmosphere and law enforcement environment for dismantling illegal buildings and comprehensively rectifying the urban environment.

(5) Ensure safety. People's governments at all levels in the main city (Northern New District Administrative Committee) and their departments should pay attention to their working methods, not only to work boldly and strictly enforce the law, but also to prevent simple, rude and barbaric law enforcement, to administer according to law, to carry out rectification work in strict accordance with the law, and to really grasp the rectification work of illegal buildings. In the renovation of illegal buildings, we should conscientiously make various plans to ensure the safety of law enforcement officers and staff and prevent violent incidents.

Five, the people's governments of counties (autonomous counties) outside the main city should refer to the spirit of this notice, combined with local conditions, formulate work plans, and effectively strengthen the rectification of illegal buildings.

20 10 year 1 1 month/day

Attachment 2:

Chongqing urban and rural master plan

List of towns (streets) within the scope of urban construction land in the main city

Yuzhong District: All administrative districts.

Dadukou district: All administrative districts.

Northern New District: All administrative districts.

Jiangbei District: Huaxin Street, Dashiba Street, Guanyinqiao Street, Shimahe Street, Wulidian Street, Yu Zui Town, Jiangbei Town Street, Cuntan Street, Fusheng Town, Tieshanping Street and Guojiatuo Street (partially).

Shapingba District: Chenjiaqiao Town, Ciqikou Street, Lian Fang Park, Shapingba Street, Qinjiagang Street, Tianxingqiao Street, Tuwan Street, Xiaolongkan Street, Xinqiao Street, Yubei Road Street, Zhanjiaxi Street, Geleshan Town, Geleshan Street, Yaodong Street, Shijingpo Street, Tongjiaqiao Street, Huxi Town (part) and Huilongba Town (part).

Jiulongpo District: High-tech Zone, Huangjueping Street, Zhongliangshan Street, jiulong town, Shipingqiao Street, Xiejiawan Street, Yangjiaping Street, Jinfeng Town (local), Hangu Town (local), Shiban Town (local), Baffo Town (local), Tongguanyi Town (local), Xipeng Town (local) and Baishi City.

Nan 'an District: Economic Development Zone, Garden Road Street, Haitangxi Street, Marble Stone Street, Longmenhao Street, Nanping Street, Tongyuanju Street, Jiguanshi Town (local), Changshengqiao Town (local), Yangguang Town (local), Nanping Town (local), Nanshan Street (local), Tushan Town (local) and Xiakou Town (local).

Beibei District: Tiansheng Street, Chaoyang Street, Caijiagang Town (local), BeiWenquan Street (local), Dongyang Street (local), Longfengqiao Street (local), Shijialiang Town (local), Tongjiaxi Town (local), Ma Xie Town (local), fuxing town Town (local), Shuitu Town (local) and Chengjiang Town (local).

Yubei District: Long Ta Street, Longshan Street, Longxi Street, Huixing Street, Lianglu Street, Gulu Town (local), Longxing Town (local), Muer Town (local), Shuangfengqiao Street (local), Shuanglong Lake Street (local), Wang Jia Street (local), Yufeng Town (local) and Yuelai Street (local).

Banan District: Lijiatuo Street, Huaxi Street, Longzhouwan Street, Yudong Street, Jieshi Town (local), An Lan Town (local), Huimin Street (local), Nanpeng Street (local), Nanquan Street (local) and Yipin Street (local).

Remarks: The scope of urban construction land in the main urban area of Chongqing urban and rural master plan is subject to the plan approved by the State Council, and the specific scope of construction land in each district is determined by the planning sub-bureau and land sub-bureau of each district.