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Provisions of Jilin Province on Administration of Developing and Making Use of New Materials forWall

(Promulgated by Decree No.137 of Jilin Provincial People' s Government on April 4,2002)

Article 1. These Provisions are formulated for the purposes of developing and making use of the new materials for wall, saving energy, protecting land resources and environments, in accordance with the relevant regulations of the state, and in light of the factual circumstances of this province.

Article 2. "New materials for wall" referred to in these Provisions mean the wall materials which have the features of saving energy and land, and the features of heat preservation, thermal insulation, sound insulation, light weight, hightensile, etc., except the solid bricks which clinkered with clay or industrial residue like coal ash mixed with powder and so on.

Article 3. These Provisions shall apply to the units and individuals who product and make use of the materials for wall or engage in the relevant project plannings, construction, design and execution within the administrative division of this province.

Article 4. The people' s governments at the county level and upwards should strengthen the leadership of the work of developing and making use of the new materials for wall, and bring the work of developing and making use of the new materials for wall into the social, economic development plannings of their own administrative divisions.

Article 5. Departments of the provincial, municipal (prefectural), county (city) people' s governments which are responsible for the reform and administrative work of the wall materials (hereinafter referred to as wall-reform departments) shall be in charge of the work of developing and making use of the new materials for wall within their own administrative divisions.

The provincial, municipal (prefectural), county (city) reform offices of wall materials (hereinafter referred to as wall-reform offices) shall, entrusted by the wall-reform departments of the people' s governments at the same level, be concretely in charge of the administrative work of developing and making use of the new materials for wall within their own administrative divisions.

All the relevant departments should cooperate commonly, do well the work of developing and making use of the new materials for wall in accordance with their respective duties.

Article 6. The wall-reform offices at all levels should implement the responsibility system of management by objectives in the management work of developing and making use of the new materials for wall within their own administrative divisions.

Article 7. The units and individuals, who produce or make use of the new materials for wall, may enjoy the favourable policy stipulated by the state in aspects of revenue and setting up items.

Article 8. It is encouraged to carry out the scientific research and technical development of developing the new materials for wall.

As for the designing and construction of constructive projects, it should be given a first priority to adopt the new materials for wall.

Article 9. The wall-reform offices at all levels should regularly go to the administrative competent departments of planning, city planning, construction and etc., to understand the circumstances of the plannings for constructive projects, programs examination and approval, and licenses for starting construction; the relevant departments should offer their support and cooperation.

Article 10. It is forbidden to build, expand and rebuild new product lines of bolar solid bricks.

The wall-reform offices at all levels should formulate a regulating and controlling plan for production quantum of bolar solid bricks, together with the relevant departments and according to the developing circumstances of society and economy within their own administrative divisions and existing production scopes in production units of bolar solid bricks.

Article 11. It is forbidden to make use of bolar solid bricks in all the infilled walls of frame-construction buildings, the non-bearing walls of brick-concrete-construction buildings and barrier walls.

Article 12. As for all kinds of construction projects of newly building, expanding and rebuilding, the construction units and individuals must pay the special funds of new materials for wall before the construction project come into operation (hereinafter referred to as the special funds) according to the state regulations, except the establishment of roads, bridges, pipelines, water supply and bleeding, construction of water conservancy, works of harnessing the environmental contamination and comprehensive utilization of "waste water, waste air, waste goods" , items of helping the disabled and helping study in Hope Project, repairing projects of ancient architectural structures which have been listed as historic preservation units, peasants' newly built or rebuilt personal houses, and other projects which may reduce or remit stipulated by the state. As for those failing to pay the special funds according to

these Provisions, the planning departments may not establish items, city planning departments may not issue the permit for construction project program, the administrative competent departments of construction may not approve them to start working.

The special funds shall be collected by grade. The construction projects of the units directly under central authorities and this province shall be collected by the provincial wall-reform office; the municipal (prefectural), county (city) construction projects shall be collected separately by the local wall-reform offices of municipality (prefecture), county (city) where the projects locate. The special funds collected by municipality (prefecture), county (city) should be handed in to the province, municipality and prefecture according to the relevant regulations of the province.

The special funds must be used to develop the undertaking of the new materials for wall, be brought into the management of the budgets at all levels, special funds for special uses only, any units or individuals shall be forbidden to reduce, remit, withhold or embezzle them. The detailed collection management and using measures shall be formulated separately by the province.

Article 13. For those in violation of these Provisions and having any of the following behaviors, the wall-reform offices shall instruct them to correct with a time limit, those having illegal gains shall be imposed a fine of RMBŁ¤10,000 to 30,000, those without illegal gains shall be imposed a fine of RMBŁ¤5,000 to 10,000:

(1)To newly build, expand and rebuild the product lines of bolar solid bricks without authorization; and

(2)To use bolar solid bricks in infilled walls of frame construction, non-bearing walls of brick-concrete-construction and barrier walls.

Article 14. As for those project-construction units which fail to pay the special funds according to regulations, the wall-reform departments shall instruct them to terminate their works, and let them pay the special funds in arrears and shall impose an overdue fine at the rate of 0.5ˇë by day.

Article 15. As for those in violation of these Provisions and approving to newly build, expand and rebuild the product line of bolar solid bricks, the approval document shall be invalid, the losses caused shall be beared by approving organs.

Article 16. The working staffs of wall-reform departments, who fail to utilize the special bills unifiedly printed by provincial finance departments, and those abusing their authorities, and indulging in malpractice, shall be given disciplinary sanctions by their work units, the superior competent departments or supervision departments according to law.

Article 17. Where the litigants disagrees to the administrative examination and approval or to the disciplinary sanctions, they may apply for an administrative reconsideration or file a lawsuit according to law.

Article 18. These Provisions shall become effective as of May 1, 2002. If the regulations about developing and making use of the new materials for wall promulgated earlier by this province are disaccording to these Provisions, these Provisions shall prevail.