Urban Management Law Enforcement Measures (Draft for Solicitation of Comments)

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Urban Management Law Enforcement Measures (Draft for Solicitation of Comments)

Contents

Chapter I: General Provisions

Chapter II: Scope of Law Enforcement

Chapter III: Team Construction

Chapter IV: Enforcement Safeguards

Chapter V: Regulation of Enforcement

Chapter VI: Coordination of Enforcement

Chapter VII: Oversight of Enforcement

Chapter VIII: Supplementary Provisions

Chapter I: General Provisions

Article 1: These measures are formulated to strengthen and regulate urban management law enforcement, raise the levels of enforcement and service, improve urban management, protect the lawful rights and interests of citizens, legal persons, and other organizations, in accordance with the relevant provisions of laws and regulations.

Article 2:These Measures apply to municipal and county people's governments' urban management law enforcement activities and supervision of law enforcement in their townships and developed area.

‘Urban management law enforcement’ as used in these Measures refers to acts by the competent departments for urban management law enforcement in fulfilling their duties in the area of urban management, such as administrative punishment, administrative compulsion, and administrative law enforcement, based on laws, regulations and rules.

Article 3: Urban management law enforcement shall obey the principles of being people focused, governing in accordance with law, governing at the source, punishment commensurate to the violation, unification of rights and responsibilities, coordinating innovation; persisting in strictly regulated, just, and civil law enforcement; emphasizing the unification of legal and social efficacy.

Article 4: The department of housing and urban-rural development under the State Council is responsible for guidance, supervision, and coordination work for of the entire nation's urban management law enforcement.

Each province and autonomous region's people's government's department of housing and urban-rural development is responsible for guidance, supervision, evaluation, and coordination work for of the that administrative region's urban management law enforcement.

Directly governed municipalities and subdistricted cities' competent departments for urban management law enforcement are responsible for guidance, supervision, evaluation, and coordination work for of the that administrative region's urban management law enforcement.

Counties‘ (cities, districts) competent departments for urban management law enforcement specifically carry out the work of urban management law enforcement.

Article 5: Local people's governments at the county level or above's competent departments for urban management law enforcement shall play an active role in the urban management coordination mechanisms set up by that level of government, coordinating relevant departments in completing urban management law enforcement work.

Article 6: Competent departments for urban management law enforcement shall strengthen publicity and education on laws and regulations about urban management law enforcement, strengthen the populace's awareness of respect and compliance with law, and promote joint societal preservation of the urban management order.

Article 7: Competent departments for urban management law enforcement shall actively provide conditions for public participation and supervision of urban management law enforcement activities.

Chapter II: Scope of Law Enforcement

Article 8: The scope of urban management law enforcement's administrative punishment powers includes the following:

(1) All administrative punishment powers provided for by laws, regulations and rules in the housing and urban-rural development field.

(2) administrative punishment powers for environmental protection management in social life: noise pollution, construction noise pollution, construction dust pollution, food-service industry oil and smoke pollution, and open air barbecue pollution.

Administrative punishment powers for environmental protection over soot and odors such as from urban incineration of asphalt and plastic trash, soot such as from open-air burning of leaves and the like, pollution from fireworks and so forth.

(3) administrative punishment powers for industrial and commercial management: unlicensed businesses in public places and setting up outdoor advertisements in violation of rules.

(4) administrative punishment powers for traffic management: unlawful parking of motor vehicles on urban roads.

(5) administrative punishment powers for water management: dumping waste and garbage in urban rivers, illegal soil removal, and removal of unlawful structures on urban rivers.

(6) administrative punishment powers for food and drug oversight: unlicensed sale of food in outdoor public venues and food carts, unlawful recovery and trafficking in medicines and so forth.

Article 9: Competent departments for urban management law enforcement may carry out compulsory administrative measures provided for by laws and regulations that are related to administrative punishments.

Article 10: Where there is need for the centralized enforcement of urban management law enforcement matters, other than those provided for in Article 8, in the six areas of housing and urban-suburban development, environmental protection administration, industry and commerce administration, transport management, water resources management, and food and drug administration, the following conditions shall also be met:

(1) is closely related to urban management;

(2) where they are closely related to the citizens' production and livelihood, and where duplicate law enforcement bothers the citizens;

(3) the law enforcement rate is high, and there are appropriate specialized technical requirements;

(4) centralized enforcement is truly necessary.

Article 11: Where it is necessary to centralize enforcement of urban management law enforcement matters, other than those provided for at article 8, in the six areas of housing and urban and rural construction, environmental protection management, business administration, traffic management, water management and food and drug supervision; the competent departments for housing and urban and rural construction, and the competent departments for urban management law enforcement of provincial, autonomous region, or directly governed municipality's people's governments shall submit comments in conjunction with the relevant departments and implement them after approval of the provincial, autonomous region, or directly governed municipality people's government.

Article 12: The enforcement of matters in areas other than urban management law enforcement matters in the six areas of housing and urban-suburban development, environmental protection administration, industry and commerce administration, transport management, water resources management, and food and drug administration must not be centralized in principle.

Article 13: For urban management law enforcement matters that are handled by the competent departments for urban management law enforcement through centralized enforcement, other than those provided for in article 8, the competent departments for urban management law enforcement shall organize and carry out an assessment, and where it is necessary to adjust the urban management law enforcement matters, it is to be handled in accordance with the provisions of article 11.

Article 14: A work plan shall be drafted for adjustments to the scope of urban management law enforcement matters, clarifying the basis for enforcement, the list of matters for enforcement, and the limits of duties; and this is to be released to the public after being verified through the legally prescribed procedures.

Article 15: After relevant departments' administrative punishment powers are transferred to the competent departments for urban management law enforcement, they shall reasonably partition the scope of duties of the relevant departments and the competent departments for urban management law enforcement.

Relevant departments shall continue to exercise the right of supervision and management they originally possessed.. Where the assistance and cooperation of competent departments for urban management law enforcement is required, the competent departments for urban management law enforcement should assist and cooperate.

Chapter III: Team Construction

Article 16: Competent departments for urban management law enforcement are to follow the principles of having distinct powers and duties, unifying power, streamlining and efficiency, in the set up of law enforcement teams.

Article 17: Competent departments for urban management law enforcement shall strengthen the establishment of law enforcement capacity and advance the professionalization of urban management law enforcement teams, making law enforcement capacity match the professional needs of law enforcement matters.

Article 18: Urban management law enforcement of directly governed municipalities and districted cities are to carry out municipality level law enforcement or district level law enforcement.

Where a municipal district's urban management law enforcement department is able to take on the urban management law enforcement matters of directly governed municipalities or districted cities, they may undertake district-level law enforcement.

The competent departments for urban management law enforcement of directly governed municipalities and districted cities may take on the investigation and handling of cross-district or major and complicated law enforcement cases.

Article 19: Municipal districts' competent departments for urban management law enforcement may establish street level enforcement bodies under them. The competent departments for urban management law enforcement of directly governed municipalities and districted cities may establish district or street level enforcement bodies under them.

Establishment of subordinate bodies should be in the name of the urban management law enforcement department setting them up, and they are to perform urban management law enforcement duties within the scope of their jurisdiction.

Article 20: The competent department for urban management law enforcement,shall put forward reasonable opinions on determining the number of urban management law enforcement officers in accordance with factors such as the size of the area, population size, ethnic distribution and management tasks of that administrative region,and on the basis of the relevant national standards; and shall follow procedures to report this for review and approval to the competent department for allocations at the same level.

Article 21: Urban management law enforcement personal carry out a system requiring certification to take positions.

Competent departments for urban management law enforcement shall periodically carry out training and exchanges for law enforcement personnel.

Article 22: The competent departments for urban management law enforcement may appropriately allocate urban management law enforcement auxilliary personal. The number of auxilliary personnel must not exceed the number of formal law enforcement personnel, and shall be gradually reduced.

Auxiliary personnel are to support enforcement personnel engaged in publicity and education, inspections, information collection, discouraging illegal behavior and other support services.

The legal consequences of auxiliary personnel engaged in law enforcement support matters is to be borne by the competent department for urban management law enforcement at the corresponding level.

The competent departments for urban management law enforcement shall have strict recruitment procedures, qualifications ,and conduct norms for auxiliary personnel.

Chapter IV: Enforcement Safeguards

Article 23: The competent departments for urban management law enforcement shall, in accordance with the provisions, allot the necessary law enforcement equipment such as vehicles, equipment for investigation and evidence collection, and protective equipment, and shall regulate their management.

Article 24: Urban management law enforcement's special uniforms, symbols, and insignia shall be uniform nationally, with the Ministry for Housing and Urban-Rural development supervising their manufacture.

Article 25: Urban management law enforcement shall ensure the necessary working expenses. Work expenses shall be listed in special finance budgets, ensuring the entire amount, and corresponding to that area's economic and developmental level.

Article 26: A digitalized urban management platform shall be established for the field of urban management.

Article 27: Telephone service platforms for the urban management field shall be integrated to establish a uniform urban management service hotline at 12319.

Article 28: Where urban management law enforcement need to carry out identifications, inspections, or testing, the competent departments for urban management law enforcement may carry out the identifications, inspections, or testing, or may follow relevant provisions to retain a third-party to do so.

Article 29: Urban management law enforcement information shall be recorded in the market entity credit archive, and included in the Social Credit Information system of the industry supervision system.

Chapter V: Regulation of Enforcement

Article 30: Competent departments for urban management law enforcement are to follow the legally prescribed procedures and the scope of their authority in carrying out law enforcement activities, fully safeguarding the legally prescribed rights that are lawfully enjoyed by the parties such as to make statements, defend and appeal, and hear evidence.

Parties shall cooperate with competent departments for urban management law enforcement conducting administrative law enforcement activities in accordance with law.

Article 31: At least two urban management law enforcement personnel shall engage in an urban management law enforcement activity, and they are to present their administrative law enforcement identification.

Article 32: When carrying out administrative law enforcement activities, the competent departments for urban management law enforcement shall adopt appropriate administrative law enforcement tactics and implement appropriate administrative penalties on the basis of the nature and harmful consequences of the illegal conduct. Where the illegal conduct is minor, give priority to use of measures such as education, admonishment, and counseling.

Where the illegal conduct was minor and promptly corrected, and there were no harmful consequences caused, administrative punishment is not given.

Article 33: Urban management law enforcement personnel carrying out law enforcement activities may lawfully employ the following measures:

(1) entering relevant venues to carry out on-site inspections:

(2) Verifying parties' identities and other relevant information;

(3) Collecting evidence on-site through methods such as inquiries, photographs, recordings, or video;

(4) Setting up on-site warning signs;

(5) Questioning case parties, witnesses, and so forth;

(6) Reading, collecting, or reproducing documentary materials related to unlawful conduct;

(7) Lawfully sealing or seizing venues, facilities, or assets related to unlawful activity;

(8) Other measures provided for in laws and regulations.

Article 34: Evidence shall be lawfully, comprehensively, objectively, and justly gathered during the process of urban management law enforcement, and stored in its entirety.

Competent departments for urban management law enforcement may comprehensively use law enforcement recorders, video surveillance and other technologies to strengthen the establishment of law enforcement informatization and to promote the effective handling of cases.

Article 35: Competent departments for urban management law enforcement shall appropriately store items that are sealed or seized, promptly handle them in accordance with law, and must not use, retain, destroy, or divide them among themselves. Where the sealed or seized items are contraband, they are to be transferred to the relevant departments for handling.

Article 36: The competent departments for urban management law enforcement may auction, sell off, or appropriately dispose of perishable goods other items that are difficult to store.

Article 37: The competent departments for urban management law enforcement must not rely on fee collection or confiscation as a source of funding; funds from fines, confiscation of illegal income, or auction of confiscated illegal assets shall be sent to the national treasury in accordance with provisions.

Article 38: Competent departments for urban management law enforcement shall utilize uniform administrative law enforcement documents in carrying out law enforcement activities.

Article 39: Service of administrative law enforcement documents is to be in accordance with the Civil Procedure Law of the PRC and other relevant laws and regulations.

Where parties provide an address for service, or consent to electronic service, service is to that address or the fax or email address.

Where service is not possible by direct delivery, lien, mail, entrusting others, transfer, or other such methods; local newspapers, portal websites, or other such means may be used to make service by announcement.

Chapter VI: Coordination of Enforcement

Article 40: All areas shall establish leadership coordination mechanisms for urban management law enforcement, strengthen organizational coordination, supervisory review, and performance evaluation rewards and punishments for urban management law enforcement efforts.

Article 41: The competent departments for urban management law enforcement shall report administrative punishment information and any necessary suggestions that relevant departments handle the illegal conduct of parties, to the relevant departments. The relevant departments shall promptly report administrative permits related to urban management law enforcement matters, and any illegal conduct discovered in the course of administrative management that needs to be handled by the competent department for urban management law enforcement, to the urban management law enforcement departments for handling. Where the competent department for urban management law enforcement and relevant departments are not in agreement, it is to be reported to the people's governments for that level to make a decision.

The competent department for urban management law enforcement may report fields where multiple urban management violations occur, or administrative management issues they discover, to the relevant departments, or may report them to the people's governments at that level.

Article 42: Where urban management law enforcement need relevant departments to lawfully carry out identifications, inspections, or tests in accordance with their duties, or to provide relevant materials, the relevant departments shall promptly make the identifications, inspections, or tests or provide the relevant materials,

Article 43:Cities' or counties' competent departments for urban management law enforcement may rely on the administrative management grid drawn by that level of people's government, and include urban management law enforcement matters in the grid management.

Article 44: Where during urban management law enforcement activities, the competent departments for urban management law enforcement discover illegal conduct that shall be investigated and handled by other departments in accordance with law, they shall promptly inform them and transfer it to the relevant departments.

Article 45:Where competent departments for urban management law enforcement discover unlawful conduct that is suspected of being a crime, it shall be promptly transfer it to the justice organs.

Article 46:Urban management law enforcement personnel lawfully performing official business and auxiliary personnel personnel carrying out ancillary services, receive the protection of law.

Chapter VII: Oversight of Enforcement

Article 47: Competent departments for urban management law enforcement shall establish and complete systems for recording the entire law enforcement process, for public notices on law enforcement, for criteria on discretion in administrative punishments, for evaluation and examination of law enforcement and case handling, for strictly carrying out legal audits on major enforcement decisions, and for putting in place a legal responsibility system for administrative law enforcement.

Article 48: Higher level departments for urban management law enforcement shall strengthen guidance and oversight of the administrative law enforcement actions of lower level departments of urban management law enforcement.

Article 49: Where citizens, legal persons or other organizations find that the conduct of competent departments for urban management law enforcement,or their personnel, violates their lawful rights and interests, they have the right to apply for an administrative reconsideration or raise an administrative suit in accordance with law.

Article 50: Competent departments for urban management law enforcement shall publicly release phone numbers for complaints and reports, and other means of supervision.

Competent departments for urban management law enforcement shall preserve the confidentiality of complainants and informers.

Article 51:Where these Measures are violated in any of the following circumstances, the department for urban management law enforcement at the level above, or the relevant departments are to order corrections, and persons who are directly in charge and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

(1) the use, retention, destruction and unauthorized disposal, sealing or seizure of goods;

(2) having fees, fines or confiscations as sources of funding.

Article 52: Where these provisions are violated by a department of a local people's government at the county level or above continuing to carry out administrative punishments that have already been transferred to the departments in charge of Urban Management Law Enforcement for centralized implementation, the organ with authority is to order corrections; and where the circumstances are serious, sanction the directly responsible managers and other directly responsible personnel.

Article 53:Where persons other than urban management law enforcement personnel wear urban management law-enforcement uniforms, the department for urban management law enforcement shall make corrections.

Chapter VIII: Supplementary Provisions

Article 54: The urban management law enforcement work of county-level people's governments in towns and villages other than the one it is located in, are carried out with reference to these Measures.

The urban management law enforcement work for all cities and regiments in the the Xinjiang Production and Construction Corps is to be carried out with reference to these Measures.

Article 55: These Measures take effective on _________. The "Provisions on Urban Construction Oversight" released June 3, 1992 (Ministry of Construction Order No. 20) are to be simultaneously repealed.

 

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