Social News
Written by: Chen Jingqi
2020-01-14 13:33
Last updated: 2020-01-14 13:33According to the terms of the lease, the public pedestrian walkways and public indoor plazas provided in the ministry's private malls cannot be used for commercial activities. The Ombudsman's Office today (14th) released an active investigation report, pointing out that the Lands Department has a number of deficiencies in handling the above breaches for commercial use, including non-registration or delay in enforcement, insufficient enforcement, and lack of enforcement. Actively recovering exemption fees from owners of breach of contract, involving 65 cases, one of which recovered over 5 and a half years, involving more than 24 million yuan, and the remaining cases that did not actively collect funds are expected to be estimated In billions.
The Ombudsman recommends that the Lands Department review the relevant work guidelines, set a time limit for issuing warning letters and send them to the Land Registry for registration, and recover the waiver fees as soon as possible.
The Office of The Ombudsman today issued an active investigation report on the administration of the Lands Department for the use of public pedestrian walkways and public indoor squares in private shopping malls for commercial purposes. (Photo by Zhang Haowei)
The Office of The Ombudsman today issued an active investigation report on the administration of the Lands Department for the use of public pedestrian walkways and public indoor squares in private shopping malls for commercial purposes.
According to the Lands Department's work guidelines, if the sub-district land administration office finds a violation, it will issue a warning letter asking the owner or the management company engaged by the owner to correct the violation before the specified period. After the expiry of the period, the department will conduct a review within 1 to 3 weeks. If the problem is not corrected, the Lands Office will forward the warning letter to the Land Registry's "Deed".
The Office of The Ombudsman conducted four inspections in shopping mall B from September 2018 to August 2019. Each time, it was found that multiple tables and chairs were placed on the public aisle involved. (Report of the Office of the Ombudsman)
After investigation, the Office of the Ombudsman found that the General Administration of Lands and Lands had several deficiencies in dealing with the above violations. The Office of The Ombudsman stated that the Lands Department had problems with non-registration or delays in enforcement. Among them, there were cases where the Lands Office conducted an annual inspection in a shopping mall ("Shopping Mall B") and found that multiple tables and chairs were placed in public aisles. Commercial breach of contract "but no enforcement action was taken. Ten months later, the same problem was found during the annual inspection of the next year, and a warning letter was sent to the owner of the mall B.
There are also two cases showing that the Lands Office started issuing warnings to the owners of the relevant shopping malls ("Shopping Mall D" and "Shopping Mall A") more than 4 months and 5 months after they discovered "compliance problems in commercial use". letter.
The Office of The Ombudsman stated that the Lands Department had not issued a time limit for issuing warning letters in respect of violations found by the Lands Department. In two cases, the Lands Office only arrived at the incident two months and 81 days after the warning letter expired. Shopping mall review. Therefore, the Office considers that the Lands Department should review the relevant work guidelines and set a time limit for issuing warning letters so that the Lands Office staff can have objective guidelines to follow and take enforcement actions in a timely manner.
The Office of The Ombudsman stated that "Shop C" had multiple shops selling clothes, cooked food or groceries next to the public aisle, which constituted an "infringing commercial problem". (Report of the Office of the Ombudsman)
At the same time, the Administration of the Lands Department also had problems with inadequate administration and failure to send warning letters to the Land Registry for registration. The Office of The Ombudsman pointed out that there are many shops selling clothes in the public aisle of "Shopping Mall C", which constitutes a "compliance problem". The Lands Office issued 13 warning letters to this case, but the first 7 times to the owner A warning letter was issued. The warning letter was issued to the shop owner and the owner at the 7th to 9th times. The warning letter was issued to the owner only at the 10th to 13th times, and the Lands Office had conducted 17 reviews on this case. In 13 of these cases, violations were still found, but in the end, they have not been submitted to the Landmark Office for registration.
The shopping mall B also had "compliance problems with commercial leases". After the warning letter period expired, the Lands Office also did not send the relevant warning letter to the local office for registration. The Ombudsman's Office believes that the Lands Office should send warning letters to the shop owners and mall owners when it finds any violations. At the same time, it should also review the relevant work guidelines and set a time limit for sending the warning letters to the local office for registration. , And stated the time limit in the warning letter to strengthen the deterrent effect on the violators.
The Office of The Ombudsman stated that the Lands Office had taken the initiative to recover from the owner of "Shopping Mall A" the waiver of the breach involving the lease for up to 5 and a half years, with a sum of up to more than 24 million yuan. (Report of the Office of the Ombudsman)
In addition, according to the current mechanism, if the owner of a private shopping mall conducts commercial activities in the public passage or plaza specified in the land lease, he must first apply to the Lands Office for a short-term exemption and pay the administrative fee and exemption fee. If the owner does not apply for an exemption letter and engages in commercial activities, the Lands Office can take the initiative to recover the exemption fee for up to 6 years.
The Office of The Ombudsman found that from 2014 to 2019, the Lands Office found a total of 65 cases with "commercial problems in breach of contract", but only two cases were submitted for exemption applications after the relevant issues were found. And the Lands Office took the initiative to recover from the owner of a shopping mall ("Shop A") the waiver of the breach involving the lease for up to 5 and a half years, with a sum of more than 24 million yuan. The remaining 60 cases have not been applied for exemption, and the Lands Department has not actively collected the exemption fee. The exemption fee involved involved hundreds of millions.
The Office of The Ombudsman believes that the Lands Office should proactively collect exemption fees for these cases in order to obtain deterrent effects and increase the revenue of the treasury.
In December last year, the Lands Department completed uploading information on public facilities (including public passages / squares) to be provided in private developments in accordance with the lease conditions on the department's "Geographic Information Map" website. (Report of the Office of the Ombudsman)
In terms of information dissemination, the Office of the Ombudsman stated that the Lands Department uploaded information on its website about private developments that required public access and / or plazas in accordance with the terms of the lease. It was just a simple text description, which did not allow the public to identify the relevant scope and specific location. Therefore, it is recommended that the owners or management companies of a total of 118 private shopping malls display plans at the entrances and exits of public passages or squares in the shopping malls, indicating the locations and routing of these facilities. The Lands Department will upload relevant information to the website in December 2019.
The Ombudsman Zhao Huixian said that whether the Lands Department should severely ban "violating commercial issues" or allow the owners of private shopping malls to carry out commercial activities in public passages and squares in their shopping malls by applying for exemptions, the policy objectives are not clear. , It is recommended to set a clear goal for the enforcement action and develop the enforcement measures to achieve that goal.
Ombudsman Education Bureau has n’t approved private school bonds for many years
Ombudsman approves Housing Department's assignment of office of parliament member to unnamed joint tenant
Ombudsman unveiled charging place at car yard, reporters inspected and charged facilities failed for more than ten days
The Office of The Ombudsman Zhao Huixian (The Ombudsman)