What are the contents of the Regulations on the Management of Urban Housing Demolition in Henan Province?

Article 1 In order to strengthen the management of planning and construction of villages and market towns, improve the production and living environment of villages and market towns, and promote rural economic and social development, these Regulations are formulated in accordance with the Regulations of the State Council on the Management of Planning and Construction of Villages and Market Towns and the relevant provisions of the state, combined with the actual situation of this province. Article 2 The formulation and implementation of village and market town planning within the administrative region of this province (hereinafter referred to as village and market town planning), and the construction activities within the village and market town planning area must abide by the Regulations of the State Council on the Administration of Village and Market Town Planning and Construction and these Regulations. However, construction on land collectively owned by the state is excluded. The planning and implementation of villages and market towns in urban planning areas shall comply with the provisions of the State Urban Planning Law. Article 3 The construction administrative departments of the people's governments at or above the county level shall be in charge of the planning and construction management of villages and towns within their respective administrative areas, and shall supervise and inspect the implementation of these Regulations. The people's governments at the township level shall be responsible for the management of village and town planning and construction within their respective administrative areas, and the specific work shall be undertaken by the village and town construction management institutions at the township level. Article 4 The planning and construction of villages and towns should be based on the existing villages and towns, adhere to the principle of rational layout and land conservation, make overall planning, guide correctly, rely on the masses, rely on self-reliance, adjust measures to local conditions, do what one can, and gradually build, so as to achieve the unity of economic, social and environmental benefits. Fifth to encourage scientific research on village planning and construction management, support the promotion of advanced technology in the construction of villages and market towns, and adopt new technologies, new materials and new structures. Chapter II Formulation of Town Planning Article 6 Town planning must be formulated for the construction of towns and villages. Township people's governments are responsible for the preparation of town planning within their respective administrative areas; Organize villagers' committees to formulate village construction plans. Seventh town planning should be based on county planning and overall land use planning, and coordinated with the basic farmland protection area planning, watershed planning and other professional planning, in line with national and provincial town planning technical standards. Town planning should follow the following principles: (1) According to the national economic and social development plan, combined with the local natural environment, resource conditions and the history and present situation of social and economic development, make overall planning and comprehensive arrangements for town construction; (two) to deal with the relationship between short-term construction and long-term development, transformation and new construction, so that the scale, speed and standard of village and market town construction can adapt to economic development and farmers' living standards; (three) rational use of land, land conservation, the construction should make full use of the original construction land, new construction, expansion projects and residential buildings should try not to occupy cultivated land and forest land; (four) is conducive to production, convenient life, reasonable arrangements for the layout of housing, township enterprises, public facilities and public welfare undertakings, and guide the concentration of township industries in industrial areas, and leave appropriate room for development; (five) to protect and improve the living environment and ecological environment, prevent and control pollution and other public hazards, and strengthen the greening, village appearance and environmental sanitation construction. Villages and towns located in areas prone to natural disasters such as floods, earthquakes and landslides shall, in accordance with relevant state regulations, formulate disaster prevention measures in the overall planning of villages and towns. Article 8 Town planning is divided into overall town planning, town construction planning and village construction planning. The overall planning of villages and towns, that is, township (town) planning, is the overall deployment of village layout planning and corresponding construction within the township administrative area, and the planning period is fifteen to twenty years. Its contents mainly include: the distribution of villages and towns within the township administrative area, the location, nature, scale and development direction of villages and towns, and the configuration of production and living service facilities such as transportation, water supply, power supply, post and telecommunications, commerce and greening. Ninth village and market town construction planning, should be under the guidance of the overall planning of villages and market towns, specific arrangements for the construction of villages and market towns, planning period, the recent three to five years, the long-term fifteen to twenty years. The main contents of town construction planning include: the layout and scale of residential land, land for township (town) village enterprises, land for township (town) village public facilities and public welfare undertakings, relevant technical and economic indicators, specific arrangements for recent construction projects and key lots. The main contents of village construction planning can be based on the local economic development level, referring to the contents of town construction planning, mainly making specific arrangements for housing and water supply, power supply, roads, greening, environmental sanitation and production facilities. According to the needs of social and economic development, if the market town where the people's government at the township level is located needs to be relocated, it shall be reviewed by the provincial construction administrative department and submitted to the provincial people's government for approval; The relocation of other villages shall be approved by the people's government at the county level. Article 10 The overall planning of townships and towns and the planning for the construction of market towns must be examined and approved by the people's congresses at the township level and reported to the people's governments at the county level for approval. Village construction planning must be discussed and agreed by the villagers' meeting and approved by the township people's government at the county level. Eleventh town planning after approval, announced by the people's governments at the township level, no unit or individual may change. According to the needs of social and economic development, with the consent of the township people's congress or villagers' meeting, the township people's government may make local adjustments to the town construction planning and village construction planning, and report them to the people's government at the county level for the record. Involving major changes in the nature, scale, development direction and overall layout of villages and towns, it shall be handled in accordance with the procedures stipulated in Article 10 of these Regulations. Chapter III Implementation of Town and Village Planning Article 12 The implementation of town and village planning shall be carried out step by step according to the local economic conditions and the wishes of most villagers. Advocate comprehensive development and supporting construction. Thirteenth in the construction of villages and towns must obey the planning and management. Any unit or individual must obey the adjustment of planning layout and land use, and shall not obstruct the implementation of planning. If losses are caused to units or individuals due to the implementation of the planning for the construction of public facilities and public welfare undertakings, compensation shall be made in accordance with the standards set by the people's government at the county level. Fourteenth homestead must be in accordance with the provisions of relevant laws and regulations, according to the local population and land conditions to determine the land use standards for approval. Villagers should apply to the villagers' committee for building houses. To meet the conditions of land use, the use of the original homestead, village parents and other land, after the villagers' committee to solicit villagers' opinions and discuss and agree, by the township people's government according to the town planning review and approval. The people's government at the township level shall make a decision of approval or disapproval within 30 days from the date of receiving the application. Need to use cultivated land, according to the procedures prescribed by relevant laws and regulations. The villagers' reconstruction of houses shall conform to the planning requirements and be approved by the villagers' committee. Non-agricultural registered permanent residence residents in cities and towns who need to use collectively-owned land to build houses within the scope of towns and villages shall first apply to the villagers' committee with the consent of their units or residents' committees, and after discussion and approval by the villagers' meeting or villagers' representative meeting, they shall report to the people's government at the county level for approval in accordance with the prescribed procedures. Workers, veterans, retired cadres and overseas Chinese, compatriots from Hong Kong, Macao and Taiwan who have settled in their hometowns need to use collectively-owned land to build houses within the scope of towns and villages, and they shall report to the people's government at the county level for approval in accordance with the prescribed procedures after obtaining the consent of the villagers' committee. Article 15 When building or expanding various enterprises in villages and towns, the construction unit or individual shall apply to the county-level construction administrative department for site selection with the project proposal or other approval documents approved by the people's government at or above the county level, and may apply to the land management department of the people's government at or above the county level for land use after examination and approval. Sixteenth township (town) village public facilities, public welfare land, must be audited by the people's government at the township level, submitted to the county construction administrative department for examination and approval and issued a site selection opinion, the construction unit can apply to the land management department of the people's government at the county level for land use. Seventeenth in accordance with the provisions of Article 15 and Article 16 of these regulations, apply for the location of village and market town construction projects, in accordance with the examination and approval authority, the county-level construction administrative departments shall issue opinions on the location within 30 days from the date of accepting the application. Chapter IV Design and Construction Management Article 18 The construction of township (town) village enterprises, township (town) village public facilities, public welfare undertakings, two-story and above buildings and other construction projects must be designed by units that have obtained corresponding design qualification certificates, or by units or individuals that choose general design and standard design and require the use of standard design and general design. County-level construction administrative departments and township people's governments can provide general design and standard design drawings. Nineteenth units that undertake the construction tasks of rural construction projects must have the construction qualification grade certificate issued by the construction administrative department at or above the county level, and undertake the construction tasks corresponding to their qualification grades. Construction in different places shall be registered with the county-level construction administrative department where the construction project is located. Individual craftsmen engaged in the construction of villages and towns must register with the village construction management institution of the Township People's Government before undertaking the construction task. It is strictly forbidden to undertake architectural design and construction tasks without a license or beyond the prescribed scope. Twentieth construction units and individual craftsmen should ensure the quality of construction, in strict accordance with the approved planning, design drawings and relevant technical specifications and standards, and prohibit the use of building materials and building components that do not meet the requirements of engineering quality. If the construction quality is unqualified, the construction unit and individual craftsmen shall repair or rework it free of charge; If losses are caused, compensation shall be made according to law. Twenty-first units and individuals engaged in the production and operation of building components in villages and towns must hold qualification certificates issued by the construction administrative departments at or above the county level. It is strictly forbidden to sell unqualified building components. (a) township (town) village enterprises, township (town) village public facilities and public welfare undertakings and other construction projects, the construction units and individuals must hold relevant certificates and corresponding architectural design drawings, to the construction administrative departments at or above the county level for construction, after examination and approval, can obtain the construction permit and experience the project. (two) residential construction, by the construction unit or individual to the relevant documents to the people's government at the township level to apply, after examination and approval, issued a certificate of approval; For remote villages and villages where villagers live scattered, the people's governments at the township level may entrust villagers' committees to handle the formalities for examination and approval of the commencement of residential construction. The villagers' committee can only start housing construction after checking the lines. In accordance with the examination and approval authority, the examination and approval authority shall issue a certificate within 15 days from the date of receiving the application for commencement, and timely check the line. Twenty-third approved units and individuals must carry out construction in accordance with the approved construction location, land area, architectural design drawings and environmental design requirements, and shall not be changed at will; If it is really necessary to change, it shall be reported to the original examination and approval authority for approval. If construction has not started within one year from the date of receiving the building permit and no extension has been applied, the building permit will automatically become invalid. County-level construction administrative departments and township people's governments shall strengthen supervision and inspection of the construction quality of village and market town construction projects. After the completion of construction projects such as township (town) village enterprises, township (town) village public facilities and public welfare undertakings, acceptance shall be organized in accordance with the relevant provisions of the state, and can only be delivered after passing the acceptance. Chapter V Management of Housing, Public Facilities and Environmental Sanitation Article 24 The construction administrative departments at or above the county level shall, in accordance with the relevant provisions of the state, exercise unified management over the property rights and property rights registration of villages and towns, and protect the legitimate rights and interests of house owners according to law. Twenty-fifth people's governments at all levels shall, according to their financial resources, arrange certain funds every year to support the construction of public facilities in old revolutionary base areas, poverty-stricken areas and key towns and villages. Public facilities construction projects determined by town planning should be incorporated into local economic and social development plans and organized for implementation. The urban maintenance and construction tax levied on cities and towns shall be used for the maintenance and construction of urban public facilities and shall not be used for other purposes. Twenty-sixth people's governments at the township level shall take measures to protect the sources of drinking water in villages and towns, strengthen the management of water supply, and the water quality shall meet the hygienic standards for drinking water stipulated by the state; Where conditions permit, centralized water supply should be provided. Twenty-seventh new construction, renovation and expansion of township enterprises, must abide by the relevant laws and regulations of the state and the province's environmental protection, to prevent environmental pollution in towns and villages. Twenty-eighth without the approval of the people's government at the township level, no unit or individual may arbitrarily set up temporary buildings, structures and other facilities in township streets, squares, markets and stations. Twenty-ninth any unit or individual shall ensure the safe use of houses, maintain public facilities in villages and towns, and shall not destroy or damage roads, bridges, water supply and drainage, flood control, irrigation, hydrology, power supply and greening facilities in villages and towns. Article 30 Township people's governments and villagers' committees shall strengthen the publicity and management of village appearance and environmental sanitation, organize the formulation of environmental sanitation control measures based on villagers' groups, and regularly check the implementation. It is forbidden to pile up garbage and feces in streets, schools, squares, markets, stations and other public places in urban planning areas. Article 31 All units and individuals have the obligation to protect cultural relics, ancient and famous trees, scenic spots, military facilities, flood control facilities, surveying markers, railways, posts and telecommunications, communications, power transmission and transformation, oil (gas) pipelines, transportation and other facilities in villages and towns, and shall not be damaged. Article 32 The people's governments at the township level shall establish archives for the planning and construction of villages and market towns, and timely sort out and file the documents, drawings and materials with preservation value formed in the planning and construction. Chapter VI Legal Liability Article 33 If anyone violates laws, regulations and the provisions of these Regulations, fails to approve the construction land according to the planning approval procedures or obtains the approval documents for construction land by deception, the approval documents for construction land obtained are invalid, and the occupied land shall be ordered to be returned by the people's government at or above the county level; Belong to the rural residential construction, can be ordered to return by the people's government at the township level. Administrative sanctions shall be given to the persons who are directly responsible for the illegal examination and approval of land. Thirty-fourth according to the village planning approval procedures for the implementation of construction or construction in violation of planning regulations, one of the following acts, the county construction administrative departments shall be punished; Villagers (residents) building houses can be punished by the people's governments at the township level: (1) If the planning of villages and market towns is seriously affected, it shall be ordered to stop construction, dismantle it within a time limit, or confiscate illegal buildings, structures and other facilities; (two) affect the town planning, can take corrective measures, shall be ordered to make corrections within a time limit, and may impose a fine of 2% to 4% of the civil engineering cost. Article 35 In case of any of the following acts, the county-level construction administrative department shall order it to stop designing or constructing, producing or selling, make corrections within a time limit, and may concurrently impose a fine of not less than 3,000 yuan in 300 yuan: (1) Failing to undertake the design and construction tasks or produce building components according to the business scope; (two) do not follow the design drawings or modify the design drawings without authorization; (3) failing to construct or use building materials and components that do not meet the requirements of engineering quality in accordance with relevant technical specifications and standards; The survey, design and construction unit that has obtained the design or construction qualification certificate provides the qualification certificate for the unlicensed unit, and undertakes the design and construction tasks beyond the prescribed business scope or the design and construction quality does not meet the requirements. If the circumstances are serious, the design or construction qualification certificate shall be revoked by the original issuing authority. Article 36 Whoever commits one of the following acts shall be punished by the people's government at the township level in accordance with the following provisions: (1) Whoever damages the houses and public facilities in the township shall be ordered to repair within a time limit or compensate for the losses, and may also be fined not more than 500 yuan; (two) in public places littering feces, garbage, firewood and building materials, destruction of village appearance and environmental sanitation, shall be ordered to clear and control within a time limit; (three) unauthorized construction of temporary buildings, structures and other facilities in rural streets, squares, markets, public green spaces and stations. , ordered to dismantle. Can be fined from 200 yuan to 500 yuan. Thirty-seventh damage to cultural relics, ancient and famous trees, scenic spots, military facilities, flood control facilities, surveying markers and railways, posts and telecommunications, communications, power transmission and transformation, oil (gas) pipelines, transportation and other facilities; Those who cause environmental pollution and other public hazards in towns and villages shall be punished in accordance with the provisions of relevant laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 38 Whoever, in violation of the provisions of these Regulations, obstructs village and town construction management personnel from performing official duties according to law or obstructs the construction of construction projects approved according to law, which constitutes a violation of public security administration, shall be punished by the public security organ in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-ninth village construction management personnel dereliction of duty, abuse of power, corruption, given administrative sanctions by their units or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 40 If a party refuses to accept the decision on administrative punishment, he may, within 15 days from the date of receiving the notice of the decision on punishment, apply for reconsideration to the administrative organ at the next higher level that made the decision on punishment; If he refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision; The parties may also directly bring a suit in a people's court. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision may apply to the people's court for compulsory execution. Chapter VII Supplementary Provisions Article 41 The planning, construction and management of state-owned farms, forest farms and grass-roots residential areas without town system shall be the responsibility of the competent departments respectively, and shall be implemented with reference to these regulations. The planning and construction management of towns shall be implemented in accordance with the relevant laws and regulations on urban planning and construction management. Forty-second construction administrative departments and township people's governments only charge fees for the construction permit of village and town construction projects, and the charging standard is approved by the provincial price department. Article 43 These Regulations shall come into force as of June 30, 0. In the past, the relevant provisions of this province were inconsistent with these regulations, and these regulations shall prevail.