Machine Translation of "On Deepening The Construction Of Chongqing Municipal Decisions Focused On Administrative Examination And Approval System..." (China)

Reaffirmation of the decision of the Government of the People of the city to deepen the reform of the administrative approval system focused on the area of construction

(Summit of 29 December 2008 at the 27th Annual Meeting of the People's Government of the city to consider the adoption of Order No. 222 of 30 December 2008 of the Order of the Government of the People of the Republic of the Greater Jurisdiction, which came into force on 1 January 2009)

In order to implement the scientific development perspective in depth, the Government's functions have been further driven by changes in and management of innovation, the improvement of the investment environment in my city, the accelerated construction of an inland open land, the promotion of rejuvenation, and, in accordance with the provisions of the administrative licence law and the requirements of the Department of State to advance the reform of the administrative approval system, the following decisions have been taken on matters related to deepening the reform of the administrative approval system focused on the area of construction.

Establishment of a city-wide administrative approval project bank

In accordance with the uniform deployment of the city and city governments, a full municipal administrative approval project has been established in accordance with the principles of “the executive, efficient, accountable and dynamic management”, based on the full clean-up and regulation of the legitimate and effective administration clearance projects carried out by the entire municipal administration. The administrative approval projects implemented by municipal administrations and related units (including administrative and non-licensor approval projects) are included in the administrative approval project bank of the municipal administration, which is published through the Public Information Network of the Government of the Greater Hygiene (http://www.cq.gov.cn) and the reopening of the Government's Rule of Law Network (http://www.cqfzb.gov.cn). Regions (in self-governing areas) should be established, in accordance with the provisions of the municipal government, the current administrative approval project bank, which is published by law and is subject to social oversight.

With effect from 1 January 2009, new, cancelled or adapted administrative approval projects have been established in the State and in the city, the executive organs should update the project bank in a timely manner and strengthen day-to-day dynamic regulation, in accordance with changes in administrative approval projects.

In the case-by-case project, the legal nature of the legal nature is not the nature of the licence approval, and the executive organs shall not be authorized by a request for approval as a matter of application. In-house approval, the executive branch shall not carry out the administration of a relative person for the purposes of the administration of matters such as personnel, property, etc. within the Government.

Further redeployment of administrative approval projects

The seventh administrative approval project (a total of 21) has been cancelled and modified on the basis of the six administrative approval projects that have been cancelled, discontinued or adjusted for the past.

(i) A total of 11 administrative approval projects, such as the clearance of a list of country-owned land-use options for project selection, etc.

(ii) Changes in the number of administrative clearance projects such as construction of engineering planning tests, totalling 10.

The above is contained in the Seventh Executive Approval Project.

Continuation and joint approval of reform

In order to expedite the transformation of government functions, innovative government management, improve administrative efficiency and improve the investment environment, must further deepen and jointly endorse reforms.

(i) Enhancing the reform of the area of construction “five” and joint approval”

A shorter and joint approval time frame.

The pilot programme for the reform of the administrative approval system in the area of rejuvenation (Health People's Government Order No. 190, the following briefly referred to as the pilot programme) shall be completed and jointly approved by the host departments within 20 working days from the date of the reunification of the receipt and, in particular, difficult to complete within 20 working days, with the approval of the main heads of the host sector, five working days may be completed and co-approved. The Unit shall, within 10 working days from the date of receipt of the approval material, respond to the written approval conclusions of the host sector and shall not extend the time frame for approval for any reason; the Consular Office shall receive the approval material at the date on which the special circumstances are admissible (within the next working day) to the host sector, after receipt of the submissions, and the time period for its approval has been met.

Adjustments and joint approval projects.

(1) The Urban Meteorological Bureau, together with the Urban Planning Bureau, prepares meteorological environmental protection planning based on rural and urban planning, and assigns planning to the planning sector to take care when approving construction projects.

(2) Approval of the Industrial Health Agency's implementation of the “Establishment of project occupational hazards pre-assessment reports” (a major category and limiting project for business-owned investment)” is included in the Feasibility Study Approval (Public Investment Project) and the approval of the Enterprise Investment Project (EIPA) and is jointly approved.

(3) The terms of reference for “building project selection of sites” are limited to “a construction project requiring approval or approval by the relevant authorities in accordance with national provisions and the provision of State land-use rights by allocation”.

Harmonization and joint approval of service measures.

The four host departments of the Urban Development Reform Commission, the Urban Planning Bureau, the Urban Land Management Service, and the Urban Defence Board should further strengthen their linkages with the various offices, establish a regular and non-recurrent joint mechanism, identify inter-sector focal points and establish an interdepartmental recommendation feedback mechanism.

The host sector should publish, on a regular basis, approved construction projects at the municipal government public information online in order to accept oversight by the consular offices and the various sectors of society.

Districts (Autonomous Regions) may autonomously explore the area of construction and join the approval of operational mechanisms, based on local practice, taking into account the pilot programme, the guidance provided by the Government of the Greater Juridical People on further regulating administrative clearance matters (statements [2007]9).

The Urban Development Reform Commission, the Urban Planning Bureau, the Urban Land Management Service, and the Urban Defence Board should revise the implementation approach in the area of construction, in accordance with this decision.

(ii) Explore registration of enterprises and jointly approve reform

In order to further promote the improvement of the investment environment, relevant sectors at the municipal level, districts (in self-governing districts) are encouraged to explore, on the basis of past and jointly with the experience of the reform process, business registration components and joint approval reforms in accordance with the provisions of legal regulations such as administrative licence laws.

Enhanced oversight of administrative clearance matters

In order to further improve the quality and efficiency of administrative approval, corruption in the area of prevention and governance of administrative approval must be further strengthened by monitoring administrative clearance matters and exploring the promotion of e-monitoring of administrative approval.

(i) Enhanced oversight of the adjustment of planning elements

The construction of the State's right to land use through tenders, walls, auctions shall in principle not be adjusted for the identified land use, the size of the land on the ground (conduction rate), the density of buildings, the high construction of buildings, the green land ratio. In the event of a change in environmental conditions, it must be submitted in advance to the Government of the people that approves this land to be allowed to decide whether the State's land-use right has been recovered; the people's Government decides that it is not required to recover and that the necessary arguments should be carried out by the planning department in conjunction with the national authorities, the relevant units, and that it is reasonable to determine the adjustment programme, which can be adjusted by the people's Government's approval; otherwise, the State's land-use rights should be recovered in accordance with the law, the auction shall be redirected and made. Prior to the adjustments to planning conditions, the planning sector must make a presentation to society, listen to stakeholders, seek expert and public advice, and should be sent in writing to the supervisory department within three days of the adjustment.

Adjustments to the various types of control-based detailed planning of public service facilities and urban infrastructure sites, as well as the overall size of the local plots, the size of the local buildings, the size of the public service facilities and the municipal infrastructure, the size of the special geospatial building control, the need to be strictly implemented in accordance with article 48 of the People's Republic of China Rural and Urban Planning Act and the notification of the Government of the Remuneration of the People's Republic of China regarding the further strengthening of the management of the detailed planning changes (statement of capital No. [2008]118). In this regard, public greenfields and public service facilities can in principle be increased only and cannot be reconciled, affecting the quality of life of the urban population, such as home photos, visions, interlocuts and landscapes.

The planning sector in the city, the district (in the autonomous district) should establish a mechanism for determining the adjustments to the planning elements with the peer inspection department.

(ii) Enhance monitoring of changes in the local nature

Lands such as industrial, commercial, tourism, recreation, oil (gas) stations, highway-coordinated services, trajective municipal projects such as orbital transport and commodity homes, and the provision of non-operational land changes to operating land must be made in the form of solicitation, auctions, wallchboards that allow State-owned land-use use.

Further rigorous conversion of agricultural land to non-agricultural land approvals, strengthening planning and planning reviews for agricultural land transfer approval, strengthening control and guidance for agricultural land-use master planning and land-use annual plans, and no approval of land use is permitted incompatible with planning, non-agricultural land transfer of annual plan indicators.

The inspectorate will effectively strengthen the monitoring of the use of land with the relevant authorities, use the manner in which the State's land-use rights should be subject to tendering, auctions, walls and concessions or agreements in the form of cooperation development, solicitation, historical legacy issues, or use of pre-emptions, pre-selection points to determine the means of circumventing tenders, auctions, layboarding concessions, and the use of agricultural land in violation of the provisions.

(iii) Enhanced monitoring of land concessions

(b) The extension of the land tenure system, which is subject to strict approval by the Government of the People's Republic of the Republic of China, is subject to the provisions relating to the evaluation of the cost of public transactions that enhance the use of State-owned land for use (statements No. 39 of the Ministry of Land Resources);

The National Lands Authority will further refine the land supply project decision-making system with the relevant authorities, form a working mechanism for collective research on the major issues of land supply, prohibit the directing of land violations, regulate the land titling system, simplify and harmonize land credit measurement methods, and seek to be simple and practical in order to effectively prevent corruption in operational operations.

(iv) Enhance oversight of charges for administrative purposes

Governments of municipalities, districts (in autonomous districts) should organize sector-wide clean-up of existing types of administrative expenses (including land credits, convenues, human defence fees, planning integrated fees, urban road exhumation costs, concentration of greening fees, etc.) and their relief policies, which are firmly repealed, which are refined as soon as possible and released to society. The relief of urban construction packages must be strictly enforced in accordance with the provisions of the notification of the Government of the Greater Celebrity on the management of the associated issues (statement of the capital, No. [2008]120).

(v) Establishment of a mechanism for the Consultative Process on Administrative Approval

In administrative approval, the authorities concerned have significant differences in administrative approval matters and should be addressed as much as possible; consultations are not exhaustive and can be brought to the same level of government rule of law institutions.

This decision has been implemented effective 1 January 2009.

The original provisions of the past municipal government system are inconsistent with this decision, which is based on this decision.

The relevant sectors in the area of construction should continue in 2008 on the basis of the five-phased and Jointly Approval reform pilot, to deepen and co-approve reforms in accordance with this decision, to improve and harmonize the approval measures, to improve and coordinate the effectiveness of clearance and to provide efficient and quality services for economic and social development.

Annex: Excluding and changing the seventh list of administrative approval projects (21 cases)

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