"Chongqing Housing and Urban-Rural Construction Commission on the issuance of" Chongqing Housing and Urban-Rural Construction Administrative Penalty Discretion Application Rules "" Chongqing Housing and Urban-Rural Construction Administrative Penalty Discretion Benchmark "" Chongqing Housing and Urban-Rural Construction List of No Penalties (First Batch) "Notice" Policy Interpretation"

 
On August 3, 2023, the Municipal Commission of housing and urban rural development issued the rules on the application of administrative penalty discretion in the field of housing and urban and rural construction of Chongqing (hereinafter referred to as the applicable rules), the administrative penalty discretion benchmark in the field of housing and urban and rural construction of Chongqing (hereinafter referred to as the discretion benchmark) and the list of non punishment in the field of housing and urban and rural construction of Chongqing (the first batch) (hereinafter referred to as the list of non punishment list), its background, drafting process, main contents and safeguard mechanism are as follows.
1. background
In order to implement the requirements of building a government under the rule of law and optimizing the business environment, at the same time, in order to standardize the administrative punishment behavior in the field of housing and urban-rural construction in our city and unify the punishment discretion standard, so as to avoid the abnormal and serious administrative punishment behavior, according to the the People's Republic of China Municipal Administrative Punishment Law, Chongqing Municipality's Measures for Regulating Administrative Penalty Discretion, the Ministry of Housing and Urban-Rural Development on Printing and Distributing the Implementation Measures for Regulating the Administrative Penalty Discretion of the Ministry of Housing and Urban-Rural Development and the Ministry of Housing and Urban-Rural Development Notice on Administrative Penalty Discretion Benchmark for Engineering Construction, combined with the actual situation of the city, formulated the "Applicable Rules", "," "" "" "" "" "" "" "" "" "" "" "" ""
2. drafting process
On March 13, 2023, the Municipal Bureau of Justice issued the "Notice on Doing a Good Job in the Formulation and Revision of Administrative Penalty Discretion Benchmarks", requiring municipal departments and units to make tables to promote the formulation and revision of administrative penalty discretion benchmarks. The Municipal Housing and Urban-Rural Construction Committee started the formulation and revision of the administrative penalty discretion benchmark in early February 2023. During the drafting process, the project team successively investigated and analyzed the formulation of administrative penalty discretion benchmarks in the field of housing and urban-rural construction in 27 provinces and cities, including Beijing, Guangdong, Jiangsu, Sichuan, and Zhejiang, and formed a research report. In the specific formulation, referring to the Chongqing Municipal Bureau of Justice's "Administrative Penalty Discretion Benchmark Reference Style", combined with the actual administrative penalty discretion in the field of housing and urban-rural construction, solicited and absorbed the opinions of various offices, districts and counties and housing construction committees, and organized and carried out many times. On the basis of fully absorbing the opinions of relevant parties, the "Applicable Rules", "Discretion Benchmark" and "No Penalty List".
Main contents of 3.
In order to regulate the exercise of administrative penalty discretion and guide the application of administrative penalty benchmarks, the Applicable Rules provide for the basic principles of the exercise of administrative penalty discretion, the circumstances of statutory penalties, and the manner in which the discretion benchmarks are applied.
The "Discretion Benchmark" sets discretionary situations and corresponding punishment standards for illegal acts. The types of acts are mainly divided into quality and safety, construction market, real estate and housing management, survey and design, urban drainage and other categories. Among them, the quality and safety category includes safety production license, safety management of contracting and subcontracting, personnel qualification, personnel safety responsibility, special operation personnel, etc.; the construction market category includes construction license processing, illegal contracting, beyond qualification contracting, fraudulent qualification contracting, lending qualification, etc.; the real estate and housing management category includes real estate transaction management, real estate brokerage management, commodity housing lease management, real estate surveying and mapping management, real estate appraisal management, etc; survey and design, urban drainage and other categories include construction engineering survey and design qualification management, survey and design, urban sewage discharge into the drainage network permit management, urban pipeline management, rail transit, etc.
The "List of Non-Penalties" is aimed at those who have not signed a safety production agreement between the general contractor and the subcontractor and have not unified coordination and management. Other construction projects that have not been put on record for fire control acceptance; 49 minor violations such as engaging in project cost activities in the name of registered cost engineers without registration will not be punished.
4. guarantee mechanism
First, the dynamic adjustment mechanism. The Municipal Housing and Urban-Rural Development Committee shall establish a dynamic adjustment mechanism for discretionary benchmarks. In the following circumstances, adjustments shall be made in accordance with the law and disclosed to the public: (1) The laws, regulations, and rules on which they are based are modified; the objective conditions of the (II) have undergone major changes; (III) Discretionary benchmarks are not compatible with actual work.
Second, the case transfer mechanism. In case of quality and safety accidents caused by illegal acts in the field of housing and urban and rural construction, the competent department of housing and urban and rural construction at the higher level or at the same level shall temporarily withhold the safety production license, order to suspend business for rectification, order to stop practicing, reduce the qualification level, revoke the qualification certificate, and revoke the practice qualification certificate, The competent department of housing and urban and rural construction in the place where the accident occurred shall be within 7 working days after the accident investigation report is approved, in accordance with laws, regulations and rules, as well as the "Applicable Rules" and "Discretion Standards", propose administrative penalties to the housing and urban-rural construction authorities at the next higher level or at the same level, and promptly transfer the accident investigation report, accident closure approval and other evidence materials.
Third, adjust the applicable mechanism. When applying the "discretion benchmark", the competent departments of housing and urban and rural construction of all districts and counties find that the applicable objective conditions have changed, they may be adjusted and applied with the approval of the principal person in charge of the administrative law enforcement agency or through collective discussion. The approval materials or collective discussion records shall be filed and kept as part of the law enforcement case file.