城市規(guī)劃法word版-資料下載頁
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【正文】 nistration shall be empowered to inspect the construction projects in a planned urban area to see if they conform to the requirements of the plan for a city. The party subject to inspection shall state the actual situation and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party subject to 38 The petent department of city planning administration may participate in the checking and acceptance of important development projects within a planned urban area. The construction unit shall submit to the petent department of city planning administration documents related to the pletion of a development project within a planned urban area within six months of the checking and acceptance of the project. Chapter V Legal LiabilityArticle 39 If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for construction but without the acquisition of a permit for the planned use of land for construction, such documents of approval shall be declared invalid, and the land occupied shall be returned by order of a people39。s government at or above the county level. Article 40 Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with the requirements stated in the permit and which seriously affects city planning shall, by order of the petent department of city planning administration of the local people39。s government at or above the county level, be suspended, removed within a prescribed period of time or be punishable by the confiscation of illegal buildings, structures or facilities。 construction which affects city planning but can still be remedied shall, by order of the petent department of city planning administration of the local people39。s government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine. Article 41 A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements in the permit may be given administrative sanction by the organization where he works or by the petent authority at a higher level. Article 42 A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, apply for reconsideration to the department next higher to the authorities that decided on the sanction。 if the party refuses to accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people39。s court. A party may also bring a suit directly before a people39。s court within 15 days of receiving the notification on the sanction. If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people39。s court nor plied with the sanction, the authorities that decided on the sanction may apply to the people39。s court for pulsory enforcement. Article 43 Any member of a petent department of city planning administration who neglects his duty, abuses his power or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or by the petent higher authorities。 if his act constitutes a crime, he shall be investigated for criminal responsibility according to law. Chapter VI Supplementary ProvisionsArticle 44 This Law may be referred to for a residents39。 munity in an industrial or mining district without the administrative status of a town. Article 45 Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the petent department of city planning administration under the State Council, and shall be implemented after they are submitted to and approved by the State Council. Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing mittees of the people39。s congresses of the provinces, autonomous regions and municipalities directly under the Central Government. Article 46 This Law shall go into effect as of April 1. 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated therefrom. 7
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