Decision of Zhuhai Municipal People's Government on Amending the Measures for the Administration of Urban Planning and Construction in Zhuhai and the Measures for the Implementation of the Regulations

Decision of Zhuhai Municipal People's Government on Amending the Measures for the Administration of Urban Planning and Construction in Zhuhai and the Measures for the Implementation of the Regulations on Urban and Rural Planning in Zhuhai Special Economic Zone 1. Measures for the Administration of Urban Planning and Construction in Zhuhai (Order No.2004). Zhuhai Municipal People's Government 100)

(a) the "urban and rural planning and construction management department" in the first paragraph of Article 4 and the first paragraph of Article 17 is amended as "the competent department of natural resources".

(two) the "competent department of urban and rural planning" in Article 9, Article 10 and Article 23 shall be amended as "competent department of natural resources".

(three) the "urban and rural planning management department" in the third paragraph of article sixteenth and the first paragraph of article thirtieth shall be amended as "the competent department of natural resources".

(4) Article 21 is amended as: "Before the project starts, the villagers' homestead construction project shall inform the town (street) village residence construction management service organization of the project, and hang a notice board for publicity. "

(5) Article 24 is amended as: "The town (street) villagers' residential construction management service institution shall report the construction and completion acceptance of villagers' homestead construction projects to the district (economic functional area) construction management department for the record on a monthly basis; District (economic functional area) construction management department reports to the municipal housing and urban-rural construction department every quarter. "

(six) the thirtieth paragraph of the "urban management administrative law enforcement departments" to "urban management comprehensive law enforcement departments", the second paragraph of the "construction administrative departments" to "housing and urban construction departments".

(seven) the "urban and rural planning management department or urban management administrative law enforcement department" in the second paragraph of article thirty-third is amended as "urban management comprehensive law enforcement department". Two. Measures for the Implementation of the Regulations on Urban and Rural Planning of Zhuhai Special Economic Zone (OrderNo. Zhuhai Municipal People's Government 1 13)

(1) Article 2 is amended as: "The Municipal Natural Resources Department (hereinafter referred to as the Municipal Natural Resources Department) is responsible for organizing the implementation of these Measures.

The administrative departments of development and reform, transportation, water supply, housing and urban construction, ecological environment, culture and sports, municipal management, education, health, civil air defense, urban management and comprehensive law enforcement departments shall, according to their respective functions and duties, do a good job in the implementation of these measures. "

(2) Articles 5, 6 (2), 8 (2), 9 (1), 10, 12, 13, 15 (2), 21, 23, 25, 32 (2), 34 (2), 36 (3), 41, 42 (1) Article 69, 71, 72, 74, 77, 81, 85, 96, 100 and 101 of the "planning department" in Article 63 are amended as "Ministry of Natural Resources".

(three) twenty-fifth, twenty-sixth in the first paragraph, fifty-sixth in the first paragraph of the "site selection opinions" to "land pre-trial and site selection opinions".

(4) Article 27 is amended as: "If the opinions on pre-examination and site selection of construction projects are not obtained within three years, the opinions on pre-examination and site selection of construction projects will automatically become invalid.

If the approval and approval documents on which the construction project is based are revoked, withdrawn or revoked according to law, or the land use right is recovered according to law, the corresponding opinions on land pre-examination and site selection for the construction project are invalid. "

(5) Article 28 is amended as: "For a construction project that obtains the right to use state-owned land by means of allocation, the construction unit shall apply to the natural resources department for the issuance of a decision on the allocation of state-owned construction land and a planning permit for construction land at the same time with the relevant documents such as project approval, approval and filing."

(six) the "detailed planning of construction" in the second paragraph of article thirtieth is amended as "conceptual general plan".

(VII) Article 31 is amended as: "Where it is necessary to merge or divide construction land, the construction unit shall, after consulting the real estate registration agency, submit a written application to the natural resources department on the land ownership, idleness, seizure and mortgage involved in the merger or division of land.

In line with the requirements of merger or division, the natural resources department shall publicize it on Zhuhai Special Zone Daily, land use website and portal website, and the publicity time shall not be less than ten days. Involving multiple owners, there should be owners who account for more than two-thirds of the exclusive part area and owners who account for more than two-thirds of the total number to participate in the voting, and they should be agreed by more than half of the owners and more than half of the voters of the exclusive part area. With the consent of the natural resources department, the construction unit shall go through the formalities for changing the planning permit for construction land according to the procedures. "

(eight) delete the first paragraph of article thirty-second.

(9) Paragraph 1 of Article 34 is amended as: "The planning permission of a construction project shall meet the following procedures and requirements: the construction unit or individual shall submit an application for the review of the architectural design scheme to the municipal natural resources department with the construction land planning permit, the land or sea area use certificate, the architectural design scheme and other materials stipulated by laws and regulations. In line with the provisions, the construction project planning permit shall be issued. The architectural design scheme shall be entrusted to a design unit with corresponding qualifications. "

(10) Delete "constructive detailed planning or" in the first paragraph of Article 36 and "revision of constructive detailed planning" in the third paragraph, and delete "constructive detailed planning or" in the fifth paragraph of Article 48.

(eleven) delete thirty-ninth.

(12) Amend the second paragraph of Article 42 and the second paragraph of Article 55 of the Property Law into the Civil Code.

(thirteen) the "real estate registration department" in the second paragraph of the first paragraph of article forty-fourth is amended as "real estate registration agency".

(fourteen) delete forty-sixth.

(fifteen) the "Ministry of construction" in the third paragraph of article 56, the "construction administrative department" in the second paragraph of article 102 and the "Ministry of Housing and Urban-Rural Development" in article 103.

(16) Paragraph 3 of Article 69 is amended as: "If it cannot be corrected and affects the implementation of urban and rural planning, the municipal natural resources department shall hand it over to the comprehensive law enforcement department of urban management for investigation and handling according to law, and the comprehensive law enforcement department of urban management shall notify the municipal natural resources department after investigation and handling according to law; If it cannot be corrected but does not affect the implementation of urban and rural planning, the municipal natural resources department shall conduct on-site publicity in a prominent position on the construction site in accordance with regulations to solicit opinions from interested parties. "

(seventeen) in the first paragraph of article seventy-eighth, "the site selection opinions of the planning department and the land audit opinions of the land management department" are amended as "the site selection opinions and land audit opinions of the natural resources department".

(eighteen) the first and second paragraphs of Article 83 are amended as: "housing and urban construction, transportation, highways, public security, market supervision and other relevant departments. Should assist in the supervision and inspection of urban and rural planning within the scope of duties.

"The district government, the town government, the municipal natural resources department and the comprehensive law enforcement department of urban management should assist and cooperate with each other to do a good job in the supervision and inspection of urban and rural planning."

(XIX) Article 84 is amended as: "The municipal natural resources department shall establish a working system for the preparation, examination and approval, modification and implementation of urban and rural planning and the inspection and acceptance of planning indicators of construction projects, standardize the management of the preparation, examination and approval, modification and implementation of urban and rural planning, avoid arbitrary modification of urban and rural planning, difficult implementation of planning and illegal planning, and timely discover, stop and correct illegal urban and rural planning."

(20) The first and second paragraphs of Article 86 are amended as: "The municipal natural resources department is responsible for investigating and handling illegal construction activities on agricultural land and unused land according to law."

"The comprehensive law enforcement department of urban management is responsible for investigating and dealing with illegal construction activities on construction land according to law."

(21) In the first paragraph of Article 88, "People's governments at all levels, municipal planning departments and urban management administrative law enforcement departments may supervise and inspect urban and rural planning in the following ways" is amended as: "Municipal natural resources departments, urban management comprehensive law enforcement departments, district governments and town governments may supervise and inspect urban and rural planning in the following ways".

(22) Article 93 is amended as: "The municipal competent departments of natural resources, housing and urban and rural construction shall optimize the management mechanism, establish the daily supervision system of construction projects, and strengthen the daily supervision responsibility. The comprehensive law enforcement department of urban management and the town government should establish and improve mechanisms such as law enforcement inspection, and timely discover, stop and investigate illegal acts in urban and rural planning of construction projects. "

Article 94 is amended as: "If the comprehensive law enforcement departments of natural resources, urban and rural housing construction and urban management and the town government find that the illegal acts of urban and rural planning of construction projects do not fall within the scope of their duties, they shall notify the relevant units in writing within three working days to deal with them according to law."

(XXIV) Article 95 is amended as: "If the relevant departments of transportation, highways, public security, market supervision and other relevant units find illegal acts in urban and rural planning of construction projects, they shall inform the relevant departments in writing within three working days to deal with them according to law."

(twenty-five) the "administrative law enforcement department of urban management" in Articles 96 and 103 is amended as "comprehensive law enforcement department of urban management".

(twenty-six) Article 99 is amended as: "The comprehensive law enforcement department of urban management and the town government shall announce the information of administrative punishment in violation of urban and rural planning to the public through portals and other means. And incorporate its illegal activities into the credit information sharing platform, and relevant departments restrict relevant units or individuals from participating in urban and rural planning and construction activities according to law. "

(twenty-seven) the third paragraph of article 102 is amended as: "if the supporting facilities of public facilities are not built in accordance with the planning requirements, the comprehensive law enforcement department of urban management shall order them to be built within a time limit; If it is not built within the time limit, it shall be fined by the comprehensive law enforcement department of urban management. The amount of the fine is calculated according to twice the product of the project area of the supporting facilities to be built and the average unit price of residential sales or the market evaluation unit price. "

(twenty-eight) by deleting "planning department or" in article 103rd.

This decision shall come into force on April 5, 20021year.

The above government regulations are adjusted according to the revision and re-promulgated.