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Measures of Guiyang Municipality on Comprehensive Administrative Law Enforcement (revised in 2121)

chapter I general provisions article 1 in order to standardize comprehensive administrative law enforcement, improve law enforcement efficiency and service level, maintain social management order, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these measures are formulated in accordance with the relevant provisions of the administrative punishment law of the people's Republic of China and other laws and regulations, combined with the actual situation of this municipality. Article 2 These Measures shall apply to the comprehensive administrative law enforcement and its supervision and management activities within the administrative area of this Municipality.

the term "comprehensive administrative law enforcement" as mentioned in these measures refers to the behavior of comprehensive administrative law enforcement departments to perform administrative law enforcement powers such as administrative punishment and administrative coercion in urban management and other relevant fields and scope in accordance with the provisions of laws, regulations and rules. Article 3 Comprehensive administrative law enforcement shall follow the principles of strict law enforcement, fairness and openness, standardization and civilization, consistency of rights and responsibilities, people-oriented and combination of punishment and education. Fourth Municipal People's government unified leadership and overall coordination of the city's comprehensive administrative law enforcement work.

the people's government at the county level shall lead and coordinate the comprehensive administrative law enforcement work within its jurisdiction according to its responsibilities. The comprehensive administrative law enforcement department of the Fifth Municipal People's Government shall be responsible for the guidance, supervision, coordination and assessment of the comprehensive administrative law enforcement in the whole city, and coordinate the relevant departments to do a good job in the comprehensive administrative law enforcement.

the comprehensive administrative law enforcement department of the people's government at the county level is responsible for the comprehensive administrative law enforcement work within its jurisdiction according to its responsibilities, and accepts the professional guidance, supervision and assessment of the comprehensive administrative law enforcement department at a higher level. Article 6 Relevant departments in charge of urban management, housing and urban construction, natural resources and planning, ecological environment, market supervision, public security, housing accumulation fund, water affairs, civil affairs, development and reform, civil air defense, etc. shall, according to their respective functions and duties, do a good job in comprehensive administrative law enforcement. Seventh comprehensive administrative law enforcement departments and relevant competent departments should strengthen the publicity of urban management and other relevant laws, regulations and rules, enhance the awareness of the whole people to abide by the law, and maintain social order. Chapter II Scope of Law Enforcement Article 8 The power of administrative punishment prescribed by laws, regulations and rules within the following scope shall be implemented by comprehensive administrative law enforcement departments:

(1) All the power of administrative punishment in the field of housing and urban and rural construction;

(2) the right of administrative punishment in environmental protection management, such as social life noise pollution, building construction noise pollution, building construction dust pollution, catering service oil fume pollution, open-air barbecue pollution, urban burning asphalt plastic garbage and other smoke and odor pollution, open-air burning straw leaves and other smoke pollution, and setting off fireworks pollution;

(3) in terms of market supervision, the right of administrative punishment for operating outdoor public places without a license, illegally setting up outdoor advertisements, operating food sales and catering stalls in outdoor public places without a license, and illegally recycling and selling drugs;

(4) the right of administrative punishment in traffic management, such as occupying urban roads and illegally parking vehicles;

(5) the power of administrative punishment in water management, such as dumping wastes and garbage into urban rivers, illegally taking soil, and dismantling illegal buildings in urban rivers;

(6) other administrative punishment rights approved by the provincial people's government.

the power of administrative punishment beyond the scope specified in the preceding paragraph, which has been approved to be included in the scope of relatively centralized administrative punishment in various districts under the jurisdiction of the city, shall continue to be implemented by the comprehensive administrative law enforcement department.

in addition to the scope specified in the first and second paragraphs of this article and the scope of administrative law enforcement power determined by the provincial people's government that has been adjusted and concentrated by the comprehensive administrative law enforcement department, other administrative punishment powers need to be included in the scope of comprehensive administrative law enforcement. The comprehensive administrative law enforcement department of the Municipal People's Government shall, jointly with the relevant people's governments at the county level, put forward specific plans, which shall be examined and approved by the Municipal People's Government and implemented after being submitted to the provincial people's government for approval.

the implementation area, specific matters and time of the power of administrative punishment included in the scope of comprehensive administrative law enforcement shall be implemented according to the requirements of the municipal people's government or the plan approved according to law. Article 9 The comprehensive administrative law enforcement department of the Municipal People's Government shall be responsible for the following cases of administrative punishment:

(1) Cases that cross county-level administrative regions;

(2) major, complicated and difficult cases;

(3) cases that should be under the jurisdiction of municipal departments as stipulated by laws, regulations and rules;

(4) Other cases determined by the Municipal People's Government.

cases of administrative punishment beyond the scope specified in the preceding paragraph shall be implemented by the comprehensive administrative law enforcement department of the people's government at the county level where the illegal act occurred according to the principle of territorial jurisdiction. Jurisdiction disputes, designated by the comprehensive administrative law enforcement departments of the Municipal People's government jurisdiction. Tenth comprehensive administrative law enforcement departments can implement administrative compulsory measures related to the power of administrative punishment included in the scope of comprehensive administrative law enforcement as stipulated by laws and regulations, and implement relevant administrative compulsory execution according to the law. Eleventh included in the scope of comprehensive administrative law enforcement of administrative punishment and its related administrative coercive power, the original relevant competent departments no longer exercise, still exercise, the administrative punishment decision and administrative coercive decision is invalid. Chapter III Law Enforcement Norms Article 12 The comprehensive administrative law enforcement department shall announce the specific matters, authority, conditions, basis, procedures, scope, methods and other information included in the administrative punishment and related administrative coercion implemented by the department through the comprehensive administrative law enforcement information platform, the portal website of the department or the government affairs bulletin board. Thirteenth comprehensive administrative law enforcement departments shall, in accordance with the unified grid division of the city, implement grid management of comprehensive administrative law enforcement matters.