广西壮族自治区实施《村庄和集镇规划建设管理条例》办法
Article 12
The time limit of village and town overall planning is normally 20 years and the time limit of short-term construction planning is 5 years. When the planned time limit expires, continuation should be made.
CHAPTER III
THE IMPLE3MENTATION OF VILLAGE AND TOWN PLANNING
Article 13
For construction to be carried out on the land within the planned area of towns or villages, the system of locating the construction site by the construction administrations of township governments or by the government of county level shall be practiced.
The government of county level shall verify and issue a position paper on the location of construction when villagers apply for to building houses on cultivated land, or governmental staff and workers, demobilized soldiers, retired officials, returned overseas Chinese and compatriots of Hong Kong, Macao and Taiwan who apply for utilization of the land for building houses, or establishing township and village enterprises, or building township and village's public facilities and utilities.
The government of township level shall verify and issue a position paper on the location of the construction when villagers apply for building houses on the land of their original houses, or on the unused land, or on the land of the other type, and when they apply for building temporary construction on the planned land of a village or town where the township's government locates , or on a town's planned land for development.
Article 14
The construction administration of township government and county government shall, within 10 days after receiving the application, issue a position paper on location of construction to those who meet the requirements of village and town planning, or notify the applicant in writing indicating the reasons if the applicant can not meet the requirements of village and town planning.
Article 15
The contents of a position paper for location of construction shall not be changed arbitrarily. If any change is needed in the course of implementation, the paper shall be verified and approved by the original issuing authorities.
Article 16
The position paper of construction cannot be traded or transferred.
Article 17
If a unit or individual that have received permission for construction, do not start the construction within 2 years after receiving the position paper of construction and do not go through the formalities for extension, the issued document shall become invalid.
Article 18
The position of location of construction shall be printed by the construction administration of the Guangxi Government.
Article 19
If any buildings, structures or facilities within the planned areas need to be dismantled due to the implementation of the village and town planning, the unit or individual that carry out the construction shall go through the formalities for approval and make compensations to the owners of the buildings, structures and facilities to be dismantled, according to the stipulations of the city or county governments.
Structures built against rules and temporary buildings that have passed the time limit shall not be compensated when being dismantled; temporary structures that have not exceeded the time limit shall be compensated when being dismantled.
Article 20
The construction administration of the county government and the township government shall check on the implementation of village and town planning regularly. The unit or individual that is checked shall cooperate and provide necessary information.
CHAPTER IV
DESIGN AND ADMINISTRATION OF VILLAGE AND TOWN CONSTRUCTION
Article 21
Within a planned area of a village or town, if the width and span or the height of a building exceeds that of public facilities and utilities in the village or town that is stipulated by the Guangxi Government or is higher than a two-storied building, the designer has to be the one who has obtained a qualification for construction design. A general design or a standard design may be adopted as well.
Article 22
Before the construction of public facilities and utilities in a town or village, or before construction of a township enterprise, the unit or individual that sponsor construction shall submit an application to the construction administration of the county government for the initiation of the construction by dint of the position paper for location of construction and the other documents relevant to the construction. No one can start construction until an approval of design and construction conditions and a Construction Permit are issued by the construction administration of county government.
Article 23
To build a house on the land within the planned area, the construction sponsor shall, before starting the construction, apply to the township government for initiation of construction with the construction description and the overall plan. If the house to be built is two-storied or higher, the blue print for the construction, the qualification certificate of the constructor and the position paper of location for the construction are also required. The construction cannot start until the township government issues an approval and construction Permit..
To build a house on the land within a village planned area, the construction sponsor shall go through the formalities for the initiation of construction with the villagers' committee, which is entrusted by the township government.
Article 24
The construction administration of the county government or the entrusted administration shall supervise the quality of the construction in villages and towns. Specific measures shall base on the relevant stipulations of the State and Guangxi.
Article 25
When the construction within a planned area of a village or town is completed, the construction sponsor shall ask the township government or the construction administration of the county government to check on the construction before the acceptance. The township government or the construction administration of the county government shall check to see if the construction meets the standard of village and town planning, and if the layouts of the plan and space, the color, the quality and the auxiliary facilities meet the standards. The construction can be put into use if it has been checked meeting the relevant requirements.
Article 26
The unit or individual involved in village and town planning and construction shall obey the supervision and administration of the construction administration of the local government.
CHAPTER V
ADMINISTRATION OF HOUSES, PUBLIC FACILITES, THE OUTLOOKS OF VILLAGES AND TOWNS, THE EVIRONMENT AND SANITATION
Article 27
All units or individuals shall comply with the stipulations of the State and the Guangxi government on the administration of property right of housing in villages and towns, and on safeguarding the legitimate rights and interests of the property owners.
Article 28
No unit or individual shall damage public facilities in villages and towns including roads, bridges, water and electricity supply, sewage, post and telecommunications, and afforestation.
If temporary use of public facilities occurs, an approval from by the concerned department of the county government or the township government is necessary. The facilities shall be returned to normal within the time given.
If dismantlement of the public facilities is indispensable, the new ones shall be built before the dismantlement according to the rules of "building new ones before dismantling the old" and an approval to do so shall be obtained from the township government.
Article 29
The township government and the villagers committee shall take measures to protect drinking water resources of the villages and towns and to ensure that the quality of drinking water meets the State's hygienic standard.
Article 30
The construction within the planned areas of a village or town shall comply with the relevant laws, rules and regulations of the State and Guangxi on environmental protection so as to effectively protect and improve the ecological environment of villages and towns and prevent pollution and public hazards of the other types.
Article 31
Villages and towns shall make good use of the roadside and riverside as well as the spaces around villages or houses for plantation of trees to improve the environment. The principle that whoever plants the trees and flowers shall take care of them and shall own them, shall be adhered to.
The planned public greenbelts, nursery, shelterbelt and the greenbelts that are specially planned to go with construction, should not be occupied arbitrarily and used for the other purposes.
Article 32
The funds for village and town construction allocated from the State and Guangxi's finance, the taxes of city maintenance and construction collected from towns and the supportive funds for the construction of small towns shall be used only for the maintenance and construction of public facilities of villages and towns.
Article 33
The township government shall include the construction of village appearance, environment and sanitation into the village and town construction planning and the social and economic development program. Top priority shall be given to the construction of environmental sanitation of villages and towns. Efforts shall be made to strengthen the administration of environmental sanitation. Manure piles, rubbish heaps and firewood shall be disposed of properly.
Article 34
In village and town planning and construction, the township government and the construction sponsors shall take effective measures to protect the historic relics, ancient trees, scenic spots, military facilities, protective facilities and surveying indications as well as facilities such as the national post and telecommunications, communication, power transmission, petroleum pipelines and water conservancy that are within the villages or towns.
CHAPTER VI
PENALTIES
Article 35
The construction administration of the county government shall order to stop the construction, to dismantle it within a definite time or to confiscate the illegally-built building, structure and other facilities that are built within the planned areas of a village or town without approval or against the stipulations of the plan and that have seriously affected the planning of the village or town. If the construction affects the village or town planning, but there is a possibility to make a change, the construction administration of the county government shall order to have it changed within a definite time and impose a fine of 5 to 30 yuan RMB per square meter of the construction space. If the construction is built without official approval, but does not affect the planning of the village or town, the construction administration of the county government shall order the owner of the construction to go through the formalities for approval within a definite time; those who do not go through the formalities within the definite time shall be penalized with a fine of 5 to 20 yuan RMB per square meter of the construction space.
The county people's government shall impose a fine according to the previous clause on the villagers that build houses without approval or against the stipulations of the planning.
Article 36
The authorities that issue the position paper for location of construction shall cancel the document issued to those who violate Article 16 by selling or transferring it, and shall impose a fine of one to three times of the illegal income on the party in concern, and for a deal without illegal income, the party in concern shall be penalized with a fine of 300 to 3,000 yuan RMB. If the case has constituted a crime, the party in concern shall be investigated for criminal liability according to the laws.
Article 37
If any unit or individual violates the Regulations or has committed any of the following misconducts, the construction administration of the county government shall order to stop the designing or the construction, and instruct the party in concern to correct the misconduct within a definite time, and shall be penalized with a fine of 1,000 to 10,000 yuan RMB:
(1) Undertaking without qualification the design of a construction with a span and height that exceeds the stipulated limits or the design of a two-storied house or higher, or undertaking the design that is beyond the scope as stipulated in the designing qualification certificate;
(2) Undertaking construction without a construction qualification certificate or a verification of qualification credentials, or undertaking a construction that is beyond the scope as stipulated in the construction qualification certificate;
(3) Undertaking a construction in violation of the relevant technical requirements by the State and Guangxi, or using materials and components in the construction that can not meet the quality standard of the project;
(4) Revising a construction blueprints arbitrarily or undertaking a construction without complying with the blueprints.
If a surveying and designing institution or a constructor with the qualification certificate of design and construction provides qualification credentials for someone without the necessary credentials, or go beyond the stipulated business scope, or cannot meet the standard of design and construction, the authorities that have issued the certificate shall terminate the qualification credentials for design and construction of the party in concern.
Article 38
If a constructor violates Article 19, dismantling arbitrarily buildings, structures and the other facilities mentioned in Article 19, or does not make compensation to the owners of the constructions as required, the construction administration of the county government shall order the party in concern to correct its misconducts and shall also be penalized with a fine of 1,000 to 10,000 yuan RMB.
Article 39
When a construction project in the planned areas of a village or town is completed, if the constructor does not go through the formalities of quality appraisal and acceptance by the township government or the construction administration of the county government that gave the permission for the startup of the construction, or if the constructor commissions the project without going through the above mentioned formalities, the township government or the construction administration of the county government shall order the party in concern to correct the misconducts and shall also be penalized with a fine of 1,000 to 5,000 yuan RMB.
Article 40
Whoever violates Clauses 1 and 2 of Article 28, shall be ordered correct his misconducts by the township government within a definite time and also be penalized with a fine of 100 to 1,000 yuan RMB.
Article 41
The township government shall order to whoever commits the following misconducts to stop his wrong doings and shall also be penalized with a fine of 100 to 1,000 yuan RMB; if any loss has been caused as a result, the party in concern shall make a compensation:
(1) causing damages on village and town houses and public facilities;
(2) stacking manure, rubbish and firewood arbitrarily and damaging the village appearance and environmental sanitation;
(3) violating Clause 2 of Article 29 and Clause 2 of Article 31.
Article 42
Whoever builds temporary buildings, structures and other facilities arbitrarily on the streets, or at the squares, markets or bus stations within the planned areas of a village and town shall be ordered to dismantle the illegal constructions by the township government and shall also be penalized with a fine of 100 to 1,000 yuan RMB.
Article 43
Whoever violates Article 32 shall be punished according to the relevant stipulations in the "Interim Stipulations of the State Council on Penalty for Violation of Financial Laws and Regulations".
Article 44
Whoever violates Article 20 and Article 26 shall be penalized by the public security according to the "Penalty Rules of Security Administration of the People's Republic of China".
Article 45
Administrative personnel of village and town planning and construction who ignores their duty, abuses their power and malpractices for personal ends shall be given disciplinary sanction according to laws; if the case is serious enough to constitute a crime, the party in concern shall be investigated for criminal liability.
Article 46
If the party concerned refuses to accept the disciplinary sanction, it can appeal for administrative re-judgment or take legal proceedings.
CHAPTER VII
SUPPLEMENTARY PROVISIONS
Article 47
The administration of planning and construction of state-owned farms, state-owned forest farms that do not practice the residence administration system of township shall be under the control of the relevant management departments of the farms according to the these Measures.
Article 48
These Measures shall come into effect as of January 1, 1998. The Regulations of Guangxi Zhuang Autonomous Region on the Administration of Village and Town Construction shall be nullified as of the same day.
原文地址：http://www.qingxiu.gov.cn/jiansheju/contents/2347/13117.html
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