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Regulations
of Shenzhen Special Economic
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Zone
on Supervision of Planning Land
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(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.)
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Chapter
I General
Provisions
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Chapter
II Duty and
Competence
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Article 7 The
supervisor shall
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(1)
know the laws and regulations of planning land and the
supervision operation of planning land;
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(2)
maintain close ties with the masses and adopt the idea of
serving the people and companies;
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(3)
devote to duty and adhere to principles;
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(4)
set a model of enforcement of laws justly, honestly and
cleanly
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(5)
be trained and assess eligibility.
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Article 8 The
Competent Authority and Detached Office shall perform the
following duties:
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(1)
to supervise and inspect implement and compliance with the laws
and regulations of planning
land;
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(2)
to accept and hear the accusation and complaint about illegal
actions of planning land;
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(3)
to investigate and handle the case of illegal planning land;
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(4)
to supervise and inspect the performance duty of planning land
management of the lower-class
administrative authority.
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(5)
to assist the relevant authority to investigate the cases of
retaliating upon staff member who
is in charge of managing
planning land.
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Article
9 The Competent Authority and Detached Office exercise the
following supervising rights:
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(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;
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(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;
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(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.
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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.
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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.
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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.
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Chaper
III Docketing
a case, Investigation and Settlement
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Article 14 The
supervisor shall wear the uniform supervising mark and present
the supervising papers in exercising
the supervision right.
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If
violated, the supervised party has right to reject supervision.
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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.
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Article 16 The
Competent Authority and Detached Office shall place a case on
file once an illegal action with
the following conditions is
committed:
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(1)
with definite fact of illegal action violating the laws
and regulations of planning land by doer
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(2)
the administrative liability shall be pursued pursuant to
the laws and regulations of planning land;
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(3)
the case within the scope of supervision of the Competent
Authority or Detached Office.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Article
24 After
investigating a case, the Competent Authority or Detached Office
shall, in light of facts
and laws, dispose it accordingly:
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(1)
if the illegal facts does not exist or the main evidence was
insufficient,¡¡the case
shall be set aside;
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(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;
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(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;
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(4)
if the offense constitutes a crime, criminal liability
shall be pursued by judicial body according to law.
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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:
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(1)
the basic information of parties
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(2)
the nature of case
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(3)
the illegal facts
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(4)
the basis of application of law
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(5)
the content of penalty
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(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.
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(7)
the
time for making the penalty decision.
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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.
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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.
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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.
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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.
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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.
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Chapter
IV Compulsory
Measures and Enforcement
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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.
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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.
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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.
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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.
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Article 31 The
sealed ¨Cup property shall be sealed with strip by the
Competent Authority or the Detached
Office. Any other one shall
not unauthorized use them.
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The
Competent Authority or the Detached Office shall take care of
the distrained property.
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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" .
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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.
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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.
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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.
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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.
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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.
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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.
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Article 38
The Competent Authority or the Detached Office shall make
records of inquests on the compulsively-dismantled illegal
building before implementing compulsory dismantling.
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The
records of inquests shall include the name, structure,
architectonic acreage, fitting up standard,
etc.
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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.
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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.
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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.
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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.
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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.
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Article 42 The
Competent Authority or the Detached Office shall suspend
compulsory dismantling under the following
conditions:
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(1)
the court adjudicates or the reconsideration organization
decides to cease to execute compulsory dismantling;
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(2)
third party puts forward dissension that is reasonable after
inspected;
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(3)
the other situation that the Competent Authority or the Detached
Office deems to suspend compulsory
dismantling;
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The
situation of suspending compulsory dismantling disappears, the
Competent Authority or the Detached
Office shall renew to
implement compulsory dismantling.
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Article 43 The
Competent Authority or the Detached Office shall terminate
compulsory dismantling under the
following conditions:
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(1)
the court judges or the reconsideration organization
decide retract the dismantling decision;
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(2)
the party who be ordered to dismantle has dismantled
illegal building by himself;
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(3)
the other situation that the Competent Authority or the
Detached Office deems to
terminate compulsory dismantling.
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Article 44 Having finished compulsory dismantling, the executors shall
make executing records which shall include the following
contents:
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(1)
name of the party,
profession, residence, name of the organization£¬ name
of the legal representative
of the legal person, position, etc£»
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(2)
the name and the place of the dismantled building;
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(3)
the time and the process of compulsory dismantling;
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(4)
the signature and the seal of the executors of compulsory
dismantling and the witnesses on scene;
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(5)
the time of making executing records.
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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.
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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.
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The
court shall make the decision of compulsory execution or no
execution in 2 months of serving
the "Application of Compulsory
Dismantling" .
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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.
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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.
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Chapter
V Legal
Liability
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¡¡¡¡
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.
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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.
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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.
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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.
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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.
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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.
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Chapter
VI Supplementary
Provisions
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Article 52 The
terms referred in the following in these regulations means:
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(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.
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(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.
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Article
53 Shenzhen
Municipal Government may formulate the detailed implementing
measures pursuant to these
regulations.
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Article
54 These
regulations shall take effect as of January 1, 1996.
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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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