In 2003, we participated in the construction of Jiamusi Commercial Complex Building in Heilongjiang Province. This project is a project of attracting investment from Jiamusi Municipal Government. It has been listed as a key project of the Municipal Government, and has gone through the examination and approval formalities of project establishment, planning, land use, road occupation and construction according to law. However, when the project was nearly completed in 2005, we suddenly received a penalty notice issued by Jiamusi Administration Office of Heilongjiang Highway Bureau: the highway in front of the construction site is a first-class highway, the building within 50 meters belongs to illegal construction, should be stopped and demolished. Since then, Jiamusi management office staff blocked the road exit of the site, and the project was forced to stop construction.
Over the past 13 years, the construction units have paid part of our wages, but still more than 100 people in arrears more than 2 million yuan of wages, resulting in difficulties in our lives. It is puzzling that the project five certificates is complete, how to become a violation of the building? Thirteen years later, restaurants, stores, gas stations and automobile repair plants have been built in succession within 50 meters of the road. Why is it that our project was stopped? We have also looked for municipal and district government departments many times, and the answer is that the project is legal, but when on earth can we get the wages in arrears?
43 people such as Xue Yonggui and Yin Guibin
Rainy and rainy in late autumn in Jiamusi. The reporter arrived at the village of Changsheng, Lianjiangkou Town, the suburb of Jiamusi City, Heilongjiang Province, and saw Xue Yonggui, the contractor, at the site reflected by the letters from readers. Pointing to two buildings and a large area of crops on the west side of the north bank road of the Songhua River Highway Bridge, he said, This is the location of the commercial complex and the agricultural machinery market project planned by the Jiamusi municipal government. We are here to do the work.
Jiamusi Municipal Investment Promotion Bureau issued in 2003, on the Hegang Jiancheng Real Estate Development Company in the development and construction of commercial complex building project shows that the project by Hegang Jiancheng Real Estate Development Company and suburban Changsheng Village cooperative development and construction of commercial complex building. The total investment of the project is 17 million yuan, covering an area of 2,250 square meters and a construction area of 6,750 square meters. The project is completed in two phases.
District Government: planning and investment promotion shall be carried out in a unified way in the city.
Highway Management Office: it is ordered to demolish illegal buildings within a prescribed time limit and impose a fine of 50 thousand yuan.
Enterprise: a notice to stop the big project for 13 years
Reporters saw that the Jiamusi suburban (Yonghong) government on August 11, 2005 office meeting summary indicated that, North Export Reconstruction Project is from 2002 to determine the citys key projects. In order to implement the North Export Reconstruction Project, the Municipal Government has introduced Hegang Jiancheng Real Estate Development Company through inviting investment and built a new Changsheng Shangfu Street at the North Export. The economic and social benefits are considerable, which will have a positive pulling effect on the economic development of the suburbs and the whole city.
With the adjustment of administrative divisions, the suburbs (Yong Hong) renamed the suburbs. Fan Jitao, Deputy Secretary of the current suburban district committee, told reporters: The transformation of the northern export was the focus of the municipal government in that year. Planning and investment attraction were carried out by the city, and the district was responsible for land acquisition and demolition, with the landing of the project.
Most of the houses built by the trade and Commerce complex are still vacant. Newspaper reporter Jin Zhengbo photo
After undertaking the one-street commercial service project, Jiancheng raised tens of millions of dollars from mortgage brokerage company loans for construction. Jiamusi Municipal Investment Promotion Bureau issued a project record letter, Jiamusi City Development and Reform Commission issued a notice of the capital construction plan.
After that, the company successively obtained the construction land planning license, construction project planning license, construction project construction license, state-owned land use license, commercial housing pre-sale license, also known as the five certificates. When the project started, Xue Yonggui hired hundreds of migrant workers to work on the site.
On August 20, 2005, when the first phase of the project was almost completed, Jiancheng Company received the notice of suspension of construction from Jiamusi Administration Office of Heilongjiang Highway Bureau, which said, Your company is building Changsheng Residential Building on the west side of Jiamussonghuajiang Highway Bridge 54km + 500m. According to the Highway Law of the Peoples Republic of China, the first grade highway control red line is 50 meters, and the second grade highway control red line is 23 meters. As the higher level of the highway is under study and determination according to the technical requirements of the highway, your company should be determined after the highway grade construction, such as blindly during the construction, violation of the highway law caused by all economic losses by your company.
When the project is approved, Lu Mingming is the two grade road. How can it be determined? How can we stop working without a fixed rating? Five certificate is complete, how did it become an illegal building? Lv Chao, manager of Jian Cheng company, was puzzled.
On September 23, 2005, Jia Musi Administration of the Provincial Highway Bureau received a notice of traffic violations, which ordered the demolition of illegal buildings within a time limit and imposed a fine of 50,000 yuan. Lu Chao told reporters: Since then, the Jiamusi Management Office blocked the entrance and exit of the construction site to the highway, vehicle personnel in and out of difficulty, construction was forced to stop.
The project stopped, and it lasted for 13 years. Today, the company can not repay the loan on schedule and stop, has basically completed two buildings by the creditors, most of them are still vacant, the second phase of the project has been put on hold, more than 100 migrant workers did not receive the salary of more than 2 million yuan.
Debate on legality of projects
City Planning Bureau: when planning approval, this road is the two level road, and the project approval is legal and compliance.
Highway Management Office: this road is a first-class Road, and the transport department has files.
Enterprises: the highway management departments are inconsistent before and after they agree to the construction first, and then they are ordered to be demolished.
Is the road ahead of the commercial complex building a road or a two grade road? Is the project outside the red line or the red line? Is it an illegal building?
Wang Xiaofa said, the project was approved by our bureau in May 2004. Since its completion, this section has been assuming the function of mixed use of transit highway and urban road, belonging to the national highway. According to the Highway Regulations of Heilongjiang Province, the control area of the national highway is not less than 20 meters, and the building is 23.5 meters away from the highway, which conforms to the Highway Regulations of Heilongjiang Province. Project approval is legal and compliance.
After the stop of the commercial complex, the government of Jiamusi suburb (Yonghong) consulted the provincial traffic department in the form of No. 31 of 2005. This request shows that the project is approved by the relevant departments of highway administration. On August 18, 2003, Director Chen Guiyi of Heilongjiang Heda Highway Management Office and Chief Ge Yunsheng, who is in charge of highway administration, personally inspected the site and laid out the line. He agreed to construct 23.5 meters away from the highway and informed the developer to go through the relevant formalities at the highway office. Hegang Jiancheng Real Estate Development Company handled the formalities on August 22, 2003. The Heilongjiang Heda Highway Administration Office issued the Notice of Highway Administration Approval for Construction and Payment, and agreed to build a building (23.5 meters away) outside the flood control dike of G201 Songhua River Highway Bridge.
Various licenses for commercial complex buildings. Newspaper reporter Jin Zhengbo photo
Then, what is the Jiamusi Management Office of Heilongjiang Highway Bureau?
Reporters learned that due to institutional reform and internal management authority adjustment, the section was once managed by the provincial Heda Highway Management Office, and later by the provincial Highway Administration Jiamusi Management Office, and now the provincial Highway Administration Jiamusi Management Office.
On October 25, the reporter contacted Jiamusi Management Office of Shangdong Highway Administration. After several communications, the director of the Management Office agreed to send Wang Heyong, director of the Letter and Visit Office, to be interviewed. He said that Wang Liying, the law enforcement officer who punished the city construction company, had fallen and injured the day before the reporter arrived and could not be interviewed on the spot.
Wang Heyong put forward the basis for demanding the construction company to suspend construction, demolish within a specified period of time and pay a fine - Heilongjiang Provincial Transport Departments Opinion on the Grade of Construction Control Zone of the North Approach Road of Jiamusi Highway Bridge on Heda Highway. The Opinion states that the North Approach Road of Jiamusi Songhua River Highway Bridge should be built along the expressway in the long run Construction control zone control, considering the existing highway technical grade is grade 1, so it must be controlled by grade 1 highway construction control zone.
However, the submission was made on 16 September 2005 and the approval of the project by the Jiamusi Urban and Rural Planning Bureau was made in May 2004. That is, before planning approval, highway grade determination is controlled by the first class highway. Is it the approval of the urban and Rural Planning Bureau or is the provincial management office of the Jiamusi Highway Bureau punishing improperly? The two units stick to one word.
When planning approval, this road is the two level road. We are not wrong. Wang Xiaofa said.
This road is a first-class Road, and the transport department has files. Wang Heyong said.
Lu Chao pointed to the gas stations, automobile repair factories, restaurants and supermarkets on both sides of the highway and said, You see, in the past 13 years, many buildings have been built within 50 meters of the highway. Every 30 meters or so is the entrance of a vehicle. How can it be a first-class highway? And why are we alone?
Who will bear the loss?
The township government: the highway administration shall compensate for the economic losses caused by many stoppages to the construction units.
Highway Management Office: unreasonable demands from enterprises, no support.
Enterprises: the fight of gods can make us bitter.
The two government departments have different views on the grade of highway, but let the five certificates complete project shutdown for 13 years. This is really a mortal fight . It can make us suffer. Lv Chao said.
Because of personnel changes, most of the township cadres and village cadres who handled land requisition and demolition projects left their jobs. But the reporter saw on September 28, 2005 Jiamusi suburb Lianjiangkou Town government issued on the Songhua River Highway Bridge and Approach related information clearly stated, and Songhua River Highway Bridge Construction Command signed an agreement on July 24, 1986, the embankment to the turntable for the second-class road, since then has not received the superior. Any document and oral communication from the Department concerned on the section of the highway.
Part of the wages of migrant workers. Newspaper reporter Jin Zhengbo photo
Jiamusi suburban (Yonghong) government also asked the provincial traffic department for instructions, reflecting that the construction of Changsheng commercial complex project meets the relevant provisions, should not be forced to demolish it. On September 27, 2005, the government of Jiamusi suburb (Yonghong) sent a request to the Department of Transportation stating that the Heda Highway Administration Office of Heilongjiang Province has agreed to build a building (23.5 meters away) outside the flood control dike of G201 Songhua River Highway Bridge, and now it is proposed that the building should be 50 meters away from the highway. Such practices not only affect the overall image of the transport sector, but also for urban transformation and our citys investment attraction work caused adverse effects, but also to Hegang Jiancheng Real Estate Development Company caused significant economic losses.
Lv Chao, Xue Yonggui and hundreds of migrant workers have repeatedly reported the situation, the local government has repeatedly communicated with highway management departments, but the problem has never been solved.
On July 15, 2016, the government of Lianjiangkou Town in Jiamusi suburb proposed to the district government in the Request for Coordinated Solution to the Construction Problem of the North Export of Jiamusi City that this section is a secondary highway. The planning and construction of this project fully meet the requirements of the secondary highway, and holds the relevant construction approval of the Provincial Highway bureau, and appeals to the district government. To coordinate and solve this problem, and require the highway management departments to compensate for the economic losses caused to the construction units by repeated forced stops.
On November 16, 2016, the Jiamusi Administration Office of Heilongjiang Highway Administration said in the Answer Opinion to Lv Chaos petition: In view of the petitioners request, I think it is unreasonable and do not support it.
Thirteen years later, tens of millions of investment can not be returned, the wages owed to migrant workers can not be paid, the second phase of the preparation for the construction of the agricultural machinery market project is also `yellow, the greater the debt, their own houses and cars are sold... Talking about the present life, Northeast Han Lu Chao shed tears. These huge economic losses, who should bear?
Xue Yonggui had a bad time. He could not pay for his wages, but he could not afford it.
Administration according to law to create a good business environment
Five certificates complete project, but has become illegal construction, project legitimacy controversy is nothing more than three cases: one may be administrative permission errors, planning department five certificates issued wrong, the first-class road as a second-class road; one may be an administrative penalty error, the highway management department for illegal construction identified wrong, the second-class The road acts as a first-class road; another possibility is that the objective situation has changed dramatically and the grade of the road has been upgraded from the original second-class road to the first-class road.
In either case, enterprises and the masses should not be allowed to shoulder the losses and run for ten years to solve this problem. According to the Administrative License Law and the Administrative Punishment Law of China, citizens, legal persons or other organizations whose legitimate rights and interests have been damaged by administrative organs violating administrative licensing have the right to claim compensation according to law; those who have been damaged by administrative organs violating administrative penalties have the right to claim compensation according to law; those who have granted administrative licensing are based on the law. If the objective situation has changed significantly, the administrative organ may, for the sake of the public interest, alter or withdraw the administrative license that has already taken effect according to law, thereby causing property losses to citizens, legal persons or other organizations, the administrative organ shall compensate them according to law. Since the eighteen Partys Congress, the Party Central Committee attaches great importance to administration according to law. It takes a long time to build a government ruled by law and achieve good law and good governance. It needs to take every administrative examination and approval and every administrative punishment seriously so that the people can feel the legality, rationality and justice from every specific administrative act. Only by constantly accumulating public confidence in the construction of a government ruled by law from individual cases can we Only by creating a good environment for the rule of law and business, can enterprises operate with ease, invest with ease and concentrate on starting a business. Source: Peoples Daily - editor of the peoples Daily: Fan Jiang _NN9138
In either case, enterprises and the masses should not be allowed to shoulder the losses and run for ten years to solve this problem. According to the Administrative License Law and the Administrative Punishment Law of China, citizens, legal persons or other organizations whose legitimate rights and interests have been damaged by administrative organs violating administrative licensing have the right to claim compensation according to law; those who have been damaged by administrative organs violating administrative penalties have the right to claim compensation according to law; those who have granted administrative licensing are based on the law. If the objective situation has changed significantly, the administrative organ may, for the sake of the public interest, alter or withdraw the administrative license that has already taken effect according to law, thereby causing property losses to citizens, legal persons or other organizations, the administrative organ shall compensate them according to law.
Since the eighteen Partys Congress, the Party Central Committee attaches great importance to administration according to law. It takes a long time to build a government ruled by law and achieve good law and good governance. It needs to take every administrative examination and approval and every administrative punishment seriously so that the people can feel the legality, rationality and justice from every specific administrative act. Only by constantly accumulating public confidence in the construction of a government ruled by law from individual cases can we Only by creating a good environment for the rule of law and business, can enterprises operate with ease, invest with ease and concentrate on starting a business.