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2018

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05

State Office issued Document No. 33, canceling construction contracts, energy conservation records, and incorporating fire and civil air defense into the drawing review!

On May 18, 2018, the General Office of the State Council officially announced the "Notice of the General Office of the State Council on Pilot Reform of the Approval System for Engineering Construction Projects" (Guo Ban Fa [2018] No. 33), which will greatly streamline the approval process, mainly including:


On May 18, 2018, the General Office of the State Council officially announced the "Notice of the General Office of the State Council on Pilot Reform of the Approval System for Engineering Construction Projects" (Guo Ban Fa [2018] No. 33), which will greatly streamline the approval process, mainly including:

cancel Construction contract filing, building energy-saving design review filingOther matters. The construction unit may independently decide on the method of contracting for housing construction projects invested by society.

Incorporate technical reviews such as fire protection design review and civil air defense design review into the review of construction drawing design documents, and relevant departments will no longer conduct technical reviews.

Merge the engineering quality and safety supervision procedures with the construction permit for processing.。Planning, national land, fire protection, civil air defense, archives, municipal public utilities and other departments and units shall implement limited time joint acceptance, unify the completion acceptance drawings and standards, and issue unified acceptance opinions. For the measurement work involved in acceptance, implement "one-time commission, unified surveying and mapping, and result sharing".

When the construction project planning permit is issued, a design scheme review will be conducted together,The issuing department shall solicit opinions from relevant departments and units,other departmentsNo further separate review of the design proposal。Promote the unified organization of regional assessments by the government for earthquake safety assessment, geological hazard assessment, environmental impact assessment, energy conservation assessment, and other matters.

Implement the requirements for canceling the delegation of administrative approval items. Environmental impact assessment, energy conservation assessment, seismic safety assessment, and other evaluation items shall not be considered as project approval or approval conditions. Seismic safety assessment can be completed before the engineering design, and other evaluation items can be completed before the construction permit.

The preliminary review opinions on land use can be used as proof documents to apply for a construction project planning permit, and the land use approval procedures can be completed before the construction permit.

Apply for installation of municipal public infrastructure such as water supply, power supply, gas, heating, drainage, and communication in advance after the issuance of the construction permit. Complete the construction of relevant facilities during the construction phase, and directly handle the connection matters after completion acceptance.

For approval matters that can correct behaviors that do not meet the approval conditions through in-process and post supervision without causing serious consequences, a notification commitment system will be implemented.

 

Notice of the General Office of the State Council on Pilot Reform of the Approval System for Engineering Construction Projects

Guo Ban Fa [2018] No. 33

People's governments of various provinces, autonomous regions, and municipalities directly under the Central Government, as well as various ministries and commissions of the State Council and directly affiliated institutions:

In order to implement the deployment requirements of the Central Committee of the Communist Party of China and the State Council on deepening the reform of "delegating power, regulating power, and improving business environment", promote the shift of government functions towards reducing approval, strengthening supervision, and providing excellent services, and promote fair market competition, the State Council has decided to carry out a trial reform of the approval system for engineering construction projects. With the consent of the State Council, the relevant matters related to the pilot work are hereby notified as follows:

1、 Overall requirements

(1) Guiding ideology. Fully and deeply implement the spirit of the 19th National Congress of the Communist Party of China and the Second and Third Plenum of the 19th Central Committee of the Communist Party of China, guided by Xi Jinping's Thought on Socialism with Chinese Characteristics in the New Era, in accordance with the deployment requirements of the Party Central Committee and the State Council on deepening the reform of "delegating power to management and serving the government" and optimizing the business environment, with the goal of promoting the modernization of the government's governance system and governance capacity, carry out a full process and comprehensive coverage reform of the approval system for engineering construction projects, and strive to build a scientific, convenient Efficient engineering construction project approval and management system.

(2) Pilot areas.Beijing, Tianjin, Shanghai, Chongqing, Shenyang, Dalian, Nanjing, Xiamen, Wuhan, Guangzhou, Shenzhen, Chengdu, Guiyang, Weinan, Yan'an, and Zhejiang Province.

(3) Reform content. Reform covers the entire process of project approval for engineering construction projects (including project initiation, completion acceptance, and public facility access services);Mainly related to housing construction and urban infrastructure projects, excluding special projects and major projects in the fields of transportation, water conservancy, energy, etc;Covering approval matters such as administrative licensing and other types of matters such as technical review, intermediary services, municipal public services, and filing, promoting process optimization and standardization.

(4) Work objectives.In 2018, the approval system framework and management system for construction projects in pilot areas were established. According to the prescribed process, the approval time was reduced by more than half, from an average of over 200 working days to 120 working days.In 2019, summarizing and promoting pilot experience, carrying out nationwide reform of the approval system for engineering construction projects,In the first half of the year, the approval time was reduced to 120 working days, and the approval items and time in pilot areas were further reduced; Framework and management system for approval of construction projects in prefecture level and above cities. By 2020, a unified national engineering construction project approval and management system will be basically established.

2、 Unified approval process

(5) Optimize the approval stage.The approval process for engineering construction projects is mainly divided into four stages: project land planning permission, engineering construction permission, construction permission, and completion acceptance.

Among them:

The stage of land use planning permission for project approval mainly includes project approval and filing, issuance of site selection opinions, land pre examination, land use planning permission, etc.

The construction permit stage mainly includes design scheme review, issuance of construction project planning permit, etc.

The construction permit stage mainly includes design review and confirmation for fire protection, civil air defense, and the issuance of construction permits.

The completion acceptance stage mainly includes planning, national land, fire protection, civil air defense and other acceptance and completion acceptance filing. Other administrative permits, mandatory assessments related to safety, intermediary services, municipal public services, and filing matters shall be included in the relevant stages or promoted in parallel with the relevant stages.

(6) Classification refinement process.According to the type of engineering construction project, investment category, scale, etc., classify and refine the approval process, determine the approval stage and items.Simplify the approval of small and medium-sized engineering construction projects for social investment. For projects with land transfer plans, the design plan will no longer be reviewed, and the engineering construction permit and construction permit will be merged into one stage. For engineering construction projects that transfer land, the approval of construction land will be included in the approval stage of project land planning.

(7) Vigorously promote parallel approval. Each approval stage determines a leading department, implementing "one leading, parallel approval, and limited time completion". The leading department organizes and coordinates relevant departments to strictly complete the approval within the limited time.

3、 Streamline approval process

(8) Refine approval items and conditions.Cancel approval matters that do not comply with upper level laws and regulations. Cancel unreasonable and unnecessary approval matters.For retained approval items, it is necessary to reduce the pre approval conditions and publish a list of approval items.Cancellation of construction contract filing, review and filing of building energy-saving design, and other matters. The construction unit may independently decide on the method of contracting for housing construction projects invested by society.

(9) Decentralize approval authority. According to the principle of facilitating the handling of affairs by enterprises and the public, the approval matters that lower level organs have the ability to undertake shall be delegated or entrusted to lower level organs for approval. Relevant departments should strengthen communication and coordination, develop supporting measures, improve regulatory systems, conduct guidance and training, and improve approval efficiency.

(10) Merger approval matters.Multiple approval items implemented by the same department with similar management content or belonging to the same processing stage should be integrated into one approval item. Incorporate technical reviews such as fire protection design review and civil air defense design review into the review of construction drawing design documents, and relevant departments will no longer conduct technical reviews. Promote the review of construction drawing design documents through government procurement services. Merge the engineering quality and safety supervision procedures with the construction permit for processing. Planning, national land, fire protection, civil air defense, archives, municipal public utilities and other departments and units shall implement limited time joint acceptance, unify the completion acceptance drawings and standards, and issue unified acceptance opinions.For the measurement work involved in acceptance, implement "one-time commission, unified surveying and mapping, and result sharing".

(11) Transform management methods.For approval matters that can be replaced by soliciting opinions from relevant departments, they will be adjusted to internal government collaboration matters.When the construction project planning permit is issued, a design scheme review will be conducted together, and the issuing department will seek opinions from relevant departments and units. Other departments will no longer conduct separate reviews of the design scheme.Promote the unified organization of regional assessments by the government for earthquake safety assessment, geological hazard assessment, environmental impact assessment, energy conservation assessment, and other matters.

(12) Adjust the approval timing.Implement the requirements for canceling the delegation of administrative approval matters,Environmental impact assessment, energy conservation assessment, seismic safety assessment, and other evaluation items are not considered as project approval or approval conditions,The seismic safety evaluation can be completed before the engineering design, and other evaluation items can be completed before the construction permit. The preliminary review opinions on land use can be used as proof documents to apply for a construction project planning permit, and the land use approval procedures can be completed before the construction permit.Apply for installation of municipal public infrastructure such as water supply, power supply, gas, heating, drainage, and communication in advance after the issuance of the construction permit. Complete the construction of relevant facilities during the construction phase, and directly handle the connection matters after completion acceptance.

(13) Implement a system of notification and commitment.Implement a notification and commitment system for approval matters that can correct behaviors that do not meet the approval conditions through in-process and post supervision without causing serious consequences。Publish the list of approval items and specific requirements for implementing the notification commitment system. If the applicant makes a written commitment according to the requirements, the approval department can directly make the approval decision. For engineering construction projects that have already undergone regional assessment, a notification and commitment system will be implemented for the corresponding approval items. Implement the construction project planning permission notification and commitment system in some construction projects.

4、 Improve the approval system

(14) Coordinate project implementation with a 'blueprint'. Accelerate the establishment of a "multi compliance and integration" business collaboration platform, and coordinate various plans. Based on the "one blueprint" of "multiple regulations in one", coordinate and coordinate various departments to propose project construction conditions, the construction unit implements construction condition requirements, and relevant departments strengthen supervision, management, and assessment.

(15) Implement unified management of 'one system'. On the basis of existing national and local information platforms, we will integrate and form a "horizontal to edge, vertical to bottom" engineering construction project approval management system, covering various departments and levels of cities, counties, districts, townships (streets), achieving unified acceptance, parallel approval, real-time circulation, tracking and supervision, and information sharing. Among them, classified projects shall be executed in accordance with relevant confidentiality requirements. The approval management system should be interconnected with information platforms such as the "multi compliance and integration" business collaboration platform and the approval management systems of various departments to achieve real-time transmission of the approval process and results. Strengthen the guidance and supervision management of local engineering construction project approval work through the engineering construction project approval management system.

(16) One Window provides comprehensive services. Integrate the scattered service windows established by various departments and municipal public units, and establish a comprehensive service window for engineering construction project approval. Establish and improve the "front-end acceptance and back-end review" mechanism, unify the receipt and delivery of packages through comprehensive service windows, and achieve "one window" service and management.

(17) Integrate the application materials into one form. Each approval stage implements the operation mode of "one work guide, one application form, one set of application materials, and completing multiple approvals". The leading department develops a unified work guide and application form, and applicants only need to submit one set of application materials for each approval stage. Approval departments at different approval stages should share application materials and not require applicants to submit them repeatedly.

(18) Standardize the operation of approval through a set of mechanisms. Establish and improve the supporting system for engineering construction project approval, clarify departmental responsibilities, clarify work procedures, standardize approval behavior, and ensure seamless connection between various stages and links of approval. Establish an approval coordination mechanism to coordinate and resolve departmental disagreements. Establish a supervision and inspection system, track the approval process in real-time, and supervise the entire process.

5、 Strengthen supervision and management

(19) Strengthen supervision during and after the event. Establish a regulatory system that is compatible with the reform of the approval system for engineering construction projects. Comprehensively implement "double random and one open" supervision, increase supervision and inspection efforts, and seriously investigate and punish illegal and irregular behaviors. For approval matters that implement the notification and commitment system, the approval department shall inspect the applicant's performance of commitments within the prescribed time. If the applicant fails to fulfill their commitments, the administrative approval decision shall be revoked and the applicant shall be held accountable accordingly.

(20) Strengthen the construction of credit system. Establish a credit information platform for engineering construction project approval, establish a blacklist system, and publicly disclose the illegal, irregular, and non fulfilling behaviors of enterprises and employees to society. Establish a joint punishment mechanism of "one breach of trust, one restriction".

(21) Standardize intermediaries and municipal public services. Establish a sound management system, implement a service commitment system, clarify service standards and procedures, and standardize service fees. Establish an online trading platform for intermediary services based on the approval management system of engineering construction projects, and implement full process supervision of intermediary service behavior.

6、 Overall organization and implementation

(22) Strengthen organizational leadership. The Ministry of Housing and Urban Rural Development should effectively shoulder the responsibility of organizing, coordinating, supervising and guiding the reform of the approval system for engineering construction projects, and all relevant departments should strengthen cooperation and close cooperation. The people's governments of pilot areas should attach great importance to the reform of the approval system for engineering construction projects, establish a leadership group led by the main responsible comrades, improve the working mechanism, and compact responsibilities layer by layer. The pilot area shall prepare an implementation plan in accordance with this notice, refine and decompose tasks, clarify responsible departments, formulate a timetable and roadmap, ensure the orderly progress of the pilot work, and submit the implementation plan to the Ministry of Housing and Urban Rural Development before June 15, 2018. Encourage reform and innovation. If the reform involves breaking through relevant laws, regulations, and policy provisions, it shall be authorized by the competent authorities in accordance with the procedures. Support pilot areas to take the lead within their legislative authority and promote reform work in accordance with the law and regulations. Research and promote the reform of the approval system for related engineering construction projects in rural areas according to local conditions.

(23) Establish an evaluation mechanism. The Ministry of Housing and Urban Rural Development, in conjunction with relevant departments, should establish a reform and evaluation mechanism for the approval system of engineering construction projects, focusing on assessing and evaluating the implementation of the reform throughout the entire process and coverage of pilot areas. It should also assess and evaluate the unified approval process, streamlined approval processes, and improved approval systems in pilot areas, timely summarize pilot practices, form replicable and promotable experiences, and report relevant information to the State Council. The people's governments in pilot areas should increase their supervision of the reform work of relevant departments and track the implementation of the reform tasks. The pilot areas should regularly report the progress of their work to the Ministry of Housing and Urban Rural Development. For those who fail to advance their work effectively and affect the reform process of the approval system for engineering construction projects, especially those who fail to complete the phased work goals on time, they must be held accountable in accordance with the law and regulations.

(24) Conduct good publicity and guidance. Pilot areas should timely promote and report on relevant work measures and achievements through various forms, strengthen public opinion guidance, enhance public understanding and support for pilot work, respond to public concerns in a timely manner, and create a good public opinion environment for the smooth promotion of pilot work.

General Office of the State Council

May 14, 2018