New Standards for Village Planning in Henan Province

Regulations for the Implementation of Village Planning in Henan Province

(Promulgated by DecreeNo. 10 in 2004) The People's Government of Henan Province took effect on August 4, 2022 (2 12) and June, 2022 (0/day).

Chapter I General Provisions

Article 1 In order to standardize the construction of villages, improve the livability and industrial level of rural areas, thoroughly implement the strategy of rural revitalization and promote high-quality development, these Provisions are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province.

Article 2 These Provisions shall be observed in the preparation and implementation of village planning within the administrative area of this province.

Villages within the scope of urban development shall be planned and constructed in accordance with the detailed planning of cities and towns.

Article 3 The people's governments at the city and county levels shall strengthen the organization and leadership over the preparation and implementation of village planning within their respective administrative areas, and establish a working mechanism led by the natural resources department, coordinated by the departments of finance, housing, urban and rural construction, ecological environment, agriculture and rural areas, and rural revitalization, with the participation of villagers and the support of professional and technical forces.

The natural resources departments of the people's governments at or above the county level shall be responsible for the guidance, supervision and inspection of village planning within their respective administrative areas, and other relevant departments shall do a good job in village planning according to law within their respective functions and duties.

Township people's governments are responsible for the preparation and implementation of village planning within their respective administrative areas.

Article 4 The people's governments at the county and township levels shall include the village planning funds into the fiscal budget at the corresponding level. If the finance at the same level cannot be guaranteed, the people's government at the next higher level shall be responsible for the implementation.

The people's governments at the city and county levels shall take measures such as incentives, subsidies, overall arrangement of funds, introduction of social capital, etc., to strengthen the funding guarantee for village planning and management.

Chapter II Planning and Compilation

Article 5 Village planning shall adhere to the principles of giving priority to protection, saving and intensive, adapting to local conditions, integrating multiple regulations, being concise and practical, determining characteristics according to reality, industries according to characteristics, paths according to industries, and planning according to paths, conforming to the laws of rural development, respecting villagers' wishes, retaining local characteristics, reshaping rural features, inheriting culture and retaining homesickness.

It is encouraged to explicitly promote the transformation of resources into assets, funds into shares, farmers into shareholders, returning to their hometowns and other measures in the industrial layout of village planning to stimulate the vitality of rural development and increase farmers' income.

Article 6 The people's government at the county level shall, in combination with the overall land and space planning, comprehensively consider the village location conditions, development status, resource endowments, local conditions and customs, and after fully soliciting the opinions of the township people's government and relevant departments, organize the preparation of county-level village classification layout planning, and guide the township people's government to prepare village planning.

Article 7 According to the classified layout planning of county villages, the villages shall be gathered, upgraded, protected and improved, and the village planning shall be promoted in an orderly manner according to the development needs; Suburban villages can be included in the overall planning of urban detailed planning; For relocated or merged villages, in principle, village planning is not prepared separately.

Village planning has been compiled, and it may not be compiled separately; If it needs to be supplemented and improved, it shall be submitted for approval according to law.

Article 8 Township People's governments shall conform to the needs of villagers' life and development, give full play to the villagers' main role, make overall plans for village development, make the best use of the situation, do what they can, optimize the spatial layout of village territory, pay equal attention to protection and construction, avoid blind demolition and construction, maintain the functions and characteristics of villages, and build beautiful countryside that is livable and suitable for business.

Ninth Township People's governments may organize professional and technical personnel or entrust professional teams to prepare village plans according to law.

The Township People's Government shall establish and improve the rural planning committee, establish and improve the operation and management mechanism of the rural planning committee, and clarify the work responsibilities and rules of procedure.

The rural planning committee is composed of the person in charge of the township people's government, personnel of relevant functional departments, planners, entrepreneurs returning home, village committee cadres and villagers' representatives, and is responsible for the review and appraisal of rural planning within their respective administrative areas.

Article 10 The content and depth of village planning shall conform to the requirements of "Guidelines for Village Planning in Henan Province", mainly including village development objectives, village layout, ecological protection and restoration, protection of cultivated land and permanent basic farmland, industrial layout, village settlement layout, infrastructure and basic public service facilities, protection of historical culture and characteristics, and recent project arrangement.

Eleventh village planning should invite villagers to participate and fully listen to their opinions.

The first draft of village planning shall solicit the opinions of villagers or villagers' representatives through publicity, posting, telephone, fax and data transmission in the village.

After the completion of the draft village planning, the Township People's Government shall make an announcement in the village public places for not less than 30 days, and solicit and listen to the villagers' opinions through forums, questionnaires and other forms.

Twelfth villagers' committees shall review the published draft village planning and form deliberation opinions. The villagers' meeting or the villagers' representative meeting discusses the draft village plan and the deliberation opinions of the villagers' committee, and a resolution is formed after more than half of the villagers or villagers' representatives present at the meeting agree.

Thirteenth draft village planning approved by the villagers' meeting or the villagers' representative meeting shall be submitted to the county or municipal people's government for examination and approval by the township people's government in accordance with the procedures.

The materials submitted for examination and approval shall be accompanied by adoption opinions, deliberation opinions of villagers' committees and resolutions of villagers' meetings or villagers' representative meetings.

Fourteenth village planning approved according to law shall be publicized in the village in the form of the general plan of village planning, the list of recent construction projects and the description of construction points for villagers to consult and use free of charge.

Fifteenth village planning approved according to law shall not be modified at will. If it is really necessary to amend according to the needs of economic and social development, it shall be submitted for approval in accordance with the original examination and approval procedures.

Chapter III Planning and Implementation

Sixteenth people's governments at all levels should increase investment in rural transportation, water supply, greening, public lighting, medical care, garbage disposal, toilets, sewage treatment and other infrastructure and public service facilities, and constantly improve the rural living environment.

Encourage social funds to invest in the construction, operation, maintenance and public welfare construction of village infrastructure and public service facilities, improve the living environment, improve the level of rural public services and promote rural economic development.

Article 17 The people's government at the county level shall, according to the development pattern of one county, one industry and one village and one product, adjust measures to local conditions, guide rural collectives around the industrial chain, supply chain and value chain, promote the integrated development of the primary, secondary and tertiary industries, and promote industrial revitalization.

Township people's governments should support rural collectives to base themselves on local resources and ecological advantages, make use of rural characteristics and excellent traditional culture, introduce rural operators, and develop characteristic planting, ecological agriculture, rural tourism, cultural experience, outward training, healthy old-age care and other formats.

Eighteenth township enterprises, village public service facilities, public welfare undertakings, villagers' self-built houses and other use of collective construction land shall conform to the village planning, and obtain the rural construction planning permit in accordance with the relevant provisions of the state and our province.

All kinds of construction activities involving new construction land shall go through the formalities for examination and approval of land use according to law.

Article 19 The housing and urban-rural construction department of the people's government at the county level shall, in combination with the housing needs of local villagers, climatic conditions, topographical features, traditional culture and traditional dwellings, organize the compilation of the design atlas of villagers' self-built houses for free use by villagers.

Twentieth Township People's Government shall, in accordance with the overall style and orientation of the village as determined by the village planning, select suitable self-built house design atlas for the villagers and guide the villagers to build houses according to the design atlas.

Villagers can build their own houses according to the village planning and design.

Twenty-first people's governments at all levels should strengthen the protection of historical and cultural villages, traditional villages and various historical and cultural resources.

Activities that affect the traditional pattern, historical features and spatial scale are prohibited in historical and cultural villages, the protection scope of traditional villages and the historical and cultural protection line of villages.

Chapter IV Supervision and Administration

Twenty-second people's governments at or above the county level and the competent departments of natural resources shall strengthen the supervision and inspection of the preparation and implementation of village planning, and adopt the methods of consulting materials, on-site inspection, setting up hotlines and accepting complaints and reports. In order to discover and correct illegal and improper behaviors in time. The situation of supervision and inspection and the results of handling shall be made public according to law and subject to public inspection and supervision.

Twenty-third Township People's governments should strengthen the daily supervision and inspection of the implementation of village planning, and use grid and intelligent monitoring means to timely discover and stop violations of village planning according to law.

Township people's governments are encouraged to strengthen publicity and education on the implementation of village planning through the distribution of publicity materials, on-site lectures and other forms, as well as radio and the Internet, and guide villagers to participate in the implementation of the planning.

Twenty-fourth villagers' committees shall assist the township people's government to do a good job in village planning, discourage violations of village planning, and report to the township people's government or the natural resources department of the county people's government in a timely manner.

Chapter V Legal Liability

Twenty-fifth acts in violation of these provisions, laws and regulations have legal liability provisions, from its provisions.

Twenty-sixth people's governments at all levels and their relevant departments have one of the following acts, which shall be ordered by their superior administrative organs or supervisory organs to make corrections within a time limit. informed criticism, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) failing to compile, publish and implement the village planning according to law;

(two) failing to perform the duties of village planning and supervision and management according to law;

(three) received a report of illegal behavior, failed to investigate and deal with according to law;

(four) there are other dereliction of duty, abuse of power, corruption in the preparation and implementation of village planning.

Chapter VI Supplementary Provisions

Article 27 These Provisions shall come into force as of June 6, 2022.