Document of leading group of Shanghai Municipal Government about Reform of Construction Project Approval system
Shanghai Municipal Government Construction Approval Office [2018] No. 1
Notice of the Leading Group of Shanghai Municipal Government about Issuance of “Implementation Rules of Shanghai Municipal Government about Reform of Construction Project Approval System"
The "Implementation Rules of Shanghai Metropolitan Government about Reform of Construction Project Approval System" has been approved by the municipal government, which are hereby forwarded to you for your earnest implementation.
Leading group of Shanghai Municipaln Government about Reform of Construction Project Approval System
September 28, 2018
(This document is released publicly)
Implementation Rules of Shanghai Metropolitan Government about Reform of Construction Project Approval System
In order to implement the requirements of the Party Central Committee and the State Council about deepening the reform of "combination of devolution with governance, optimization services" and optimizing the business environment and accelerate reform experiment on construction project approval system in this city. The "Implementation Rules" are formulated on the basis of " Notice of Shanghai Metropolitan Government about 'Implementation Plan of Shanghai Metropolitan Government about Reform of Construction Project Approval System" (Shanghai Metropolitan Government Specification (2018) No. 14, hereinafter referred as “Implementation Plan”).
I. Scope
These rules apply to all new construction, reconstruction and expansion engineering projects (mainly including housing construction and urban infrastructure projects) invested by all government of of this Municipality but except for the following projects:
(1) Secrecy-involved projects related to national security;
(2) Major engineering projects in the fields of transportation, water resources and energy.
The above two types of construction projects implemented in accordance with the the current legal procedures.
The government investment specified in the these rules refers to the fixed assets investment activities carried out with the use of government funds which include investment fund within the financial budget, various special construction fund, foreign loans borrowed and other government funds.
The implementation rules for specific financial funds projects such as urban infrastructure maintenance and reconstruction will be formulated separately by the related industry administrative department.
II. Handle Issues
The handle issues covers various administrative approval, technology approval, intermediary services, municipal public services and record as well as other types of issues related to the entire process of project construction. The administrative approval involves cases such as new application, deferment and cancel but not include issues that shall be submitted to the State Council and approved by central ministries according to law.
III. Implementation Process
The entire process of the municipal government-invested construction project approval can be integrated and merged into four stages such as project land planning permits, construction engineering permits, construction permits and completion acceptance. The early research of construction project shall be strengthened and two links of early planning of project reserve library and implementation library shall be set.
Each stage shall be implemented according to " led by one, one form, powerful execution mechanism for one package service, informing and pledging method, synchronous approval, fulfillment within specified time and certification in sequence."IV. Division of Responsibility
The departments for municipal, district development and reform, land resources planning and housing and urban-rural construction management and the specific area management committees authorized shall, according to the division of responsibility, be responsible for organizing, supervising, and coordinating the implementation of the reform measures of the links led, leading all approval departments to formaulate, update and publish the standard specifications and handling guidelines for the approval stages and timely studying and solving new situations and problems in the reform advance process.
The departments of municipal, district transportation, health and family planning, economy informatization, civil defense, environmental protection, safety supervision, traffic police, fire protection, greening, water affairs, meteorology, housing management, cultural relics, earthquake resistance and the specific area management committees authorized shall, according to the division of responsibility, be responsible for implementing the specific approval work and consulting services to ensure the approval and consulting services can be completed within the specified time limit.
The departments such as municipal approval reform office, municipal legal affairs office, municipal finance bureau and municipal State Capital Office shall, according to the division of responsibility, be responsible for the work such as comprehensive coordination of the affairs related to approval reform, legal guarantee, capital security, and state-owned enterprises to ensure that the approval system reform can be advances in order.
VI. Time Limits
With the integration of engineering feasibility study report and preliminary design documents, co-management of planning location and land prequalification, cancel of project construction report, preliminary design document review and overall design document consultation and the implementation of regional assessment, multi-drawing joint review, multi-test integration and multi-inspection integration, etc., the main approval issues of municipal government-invested construction project can be simplified and integrated into 13 items to be advances in order. Other relevant approval affairs, mandatory assessments involving safety, intermediary services, etc. shall be implemented with the main approval issues in parallel or be included in the related stages.
(1) Time limit for housing construction project
Take the project to obtain the land use rights by means of transference under the approval system as the case, the maximum period is 83 working days. Among them, the time period for project land planning approval stage is 30 working days, including, project location selection and land prequalification (10 working days), feasibility study report approval (preliminary design depth, including budget estimation) (15 working days), construction land planning permit (5 working days); The time period for project construction permit stage is 10 working days, including, design plan review / construction project planning permit issuance (10 working days), and the transfer decision issuance (5 working days, synchronous), construction land approval letter issuance (5 working days, synchronous); The time period for construction permit stage is 23 working days, including, drawing design document review (20 working days), construction permit issuance (3 working days); The time period for completion acceptance is20 working days, including, comprehensive acceptance and filing (15 working days), public facilities access service (20 working days, synchronous), and first registration of real estate (5 working days).
(2) Time limit for municipal linear (non-independent land occupation) project
Take the project of non-independent points under approval system as the case, the maximum period is 48 working days. Among them, the time period for project land planning approval is 15 working days, including, feasibility study report approval (preliminary design depth, including budget estimation) (15 working days); The time period for project construction permit is 13 working days, including, construction drawing design document review (10 working days), construction project planning permit issuance (10 working days) ; The time period for completion acceptance is 10 working days, including, comprehensive acceptance and filing (10 working days).
(3) Time limit for municipal linear project
Take the project to obtain the land use rights through transfer under the approval system as the case, the maximum period is 88 working days. Among them, the time period for project land planning approval is 35 working days, including, project location selection and land prequalification (10 working days), feasibility study report approval (preliminary design depth, including budget estimation) (15 working days), design scheme review (5 working days), construction land planning permit (5 working days); The time period for the project construction permit is 20 working days including, preliminary design approval and budget estimation (15 working days), transfer decision letter issuance (5 working days, synchronous), construction land approval letter issuance (5 working days, synchronous), construction project planning permit issuance (5 working days); The time period for project construction permit is 18 working days, including, construction drawing design document review (15 working days), construction permit issuance (3 working days); The time period for completion acceptance is 15 working days, including, comprehensive acceptance and filing (15 working days).
In case of the above-mentioned situations, 7 working days and 15 working days (the design scheme approval including 12 working days for internal consultation) can be increased for the time period for projects not included in the “multi-plans integration” business coordination platform project implementation library for the coordination and implementation of construction conditions and not finish the joint review and the project with the location selection (or approved planning and design conditions) and design scheme approval need to collect oponions from the related departments, respectively.The investment supervision department shall implement the special approval process for the secrecy-involved related to the national security and the project in the fields such as transportation, water conservancy and energy according to the approval process of the government investment projects.
VII. Project Reserve Library
The municipal development and reform department shall take the lead to set up and manage the municipal government-invested project reserve library. The departments such as Urban Planning, Land and Resources Commission, Housing and Urban Rural Construction Management and Finance shall, in accordance with their own duties, formulate the conditions for projects going into and out of the library collaboratively and implement the preliminary study funds of the project.
The competent departments of various industries, the district governments, and the specific area management committees are responsible for pushing the declaration of the projects and coordinating the advance of the preliminary study.
For the projects included in the list, the application departments shall implement the work such as project proposal formulation, basic data collection, professional planning deepening, urban-rural planning comparison, land ownership survey, design plan research, controlled and detailed (special) planning adjustment, and supplement of arable land scheme study and shall improve the quality and efficiency of project planning.
The application department shall implement the work such as project proposal formulation, basic data collection, professional planning deepening, urban-rural planning comparison, land ownership survey, design plan research, controlled and detailed (special) planning adjustment for the projects included in the list in advance so as to improve the quality and efficiency of project planning.
The upfront fees include project proposal, feasibility study report, environmental impact assessment report and preliminary ownership investigation fees, as well as patent and proprietary technology use fees and the development and reform department and financial department shall implement and arrange the upfront fees together.
The municipal development and reform department shall approve the project proposal and clarify the project construction main body before the project transferred from the reserve library to implementation library.
Specific implementation measures of the municipal government-invested project reserve library shall be formulated by the Municipal Development and Reform Commission separately.
The district governments shall, in accordance with the municipal government-invested project reserve library management regulations, study and formulate the management regulations for the district-level government-invested project reserve library.
VIII. Project Implementation Library
The Urban Planning, Land and Resources Commission, together with the Ministry of Land and Recourses, will take the lead to set up and manage the unified project implementation library of the city and district level. The development and reform, the housing and urban-rural construction and other industry competent departments as well as the departments related to administrative approval, technical review, intermediary services, municipal public services etc., shall, in accordance with their own duties, implement the establishment, implementation and supervision of the project implementation library collaboratively.
For the projects transferred into the implementation library, the construction unit shall determine the conduction of survey and design bidding activities, decide the survey and design units, carry out the geological surveys, deepen the design plan, and formulate the feasibility study report (preliminary design depth). And the unit can entrust the third-party organizations with corresponding qualifications simultaneously to formulate the reports for environmental impact, social stability risks, energy conservation assessment, sunshine analysis, traffic impact, water resources, and land use, etc., and eliminate negative factors to ensure the overall stability. Replying on the business collaboration platform with "multi-plans integration", the Planning, Land and Resources Commission shall push project information to the required departments such as investment, industry, environmental protection, housing urban and rural construction management, housing management, greening, transportation, water affairs, fire protection, civil defense, health and family planning, traffic police, safety supervision, etc. as well as the optional departments such as specific area management committees, cultural relics, education, civil affairs, culture and movie, sports, tourism, ethnic religion, foreign affairs, water supply, drainage, electricity, gas, communications, rail transit, two sides of the Huangpu River, railway, aviation, microwave, military, national security, meteorology and earthquake resistance and so on, consult the construction conditions and management requirements in one time and form the integrated consultation opinions to be included in the opinion or planning conditions. Specific management requirements related to landscape protection, infrastructure protection, and security protection should be included.
The construction nuts shall, in accordance with the integrated consultation opinions of Planning, Land and Resources Commission, implement the plan design, advance the technical review of the feasibility study report (preliminary design depth) and budget estimation and entrust the third-party evaluation agency identified by the development and reform department for the comprehensive evaluation. For the projects with stable overall scheme, the Planning, Land and Resources Commission can implement the work such as plan scheme publicity, collection and reply of the citizens' opinions.
The consultation opinions, jury opinions, and comprehensive consultation opinions provided by the relevant departments on the business collaboration platform with "multi-plans integration" can be regarded as formal opinions and the basis for follow-up project approval. The consultation issues should normally be completed within 7 working days and completion period can be prolonged up to 12 workings for the technical sophistication. The issuing department for the approval with the consultation clearly reflects the participation in the internal collaboration shall ask opinions of the collaboration department which can not approve separately.
The project feasibility study report (preliminary design depth) can be transferred out of the implementation library after passing the comprehensive evaluation, indicating that the preliminary planning and formation of the two libraries are completed and the project can be officially approved. Once the project construction conditions and management requirements consultation, design plan publicity, design program joint review have been completed in the implementation library stage, then there no need to repeat the above processes in the formal approval.
Specific implementation measures for the project implementation library shall be formulated by the Municipal Planning, Land and Resources Commission separately.
IX. Land Use Planning Permit
The land use planning permit stage mainly includes procedures such as location opinion, land prequalification, approved planning and design conditions (own land), land use planning permit, feasibility study report approval (preliminary design depth, including budget estimation and so on. The range of project for land transfer shall be determined by the design scheme and the construction project design plan approval can be included in the land use planning permit stage. For the project selling land, the construction land approval letter issuance shall be included in the land use planning permit stage.
The municipal and district planning, land and resources departments shall, in accordance with their own duties, take the lead in coordinating various procedures for the land use planning permit stage. After the feasibility study report (preliminary design depth) passes the comprehensive evaluation, the construction unit shall submit the application for land use planning permit to the Planning, Land and Resources Commission which shall take the lead in accepting it can pushing the relevant application materials to the corresponding investment approval department in time. Then the approval department shall, according to the different ways of land acquisition, complete all procedures of this stage within 15 to 35 working days.
(1) Projects to obtain land use rights by transfer
In general, the approval of all stage of the project can be completed in order within 30 working days, mainly including location selection (5 working days), land prequalification (5 working days), feasibility study report approval (preliminary design depth, including budget estimation) ) (15 working days), construction land planning permit (5 working days).
(2) Projects using their own construction land
In general, the approval of all stage of the project can be completed in order within 20 working days, mainly including, approved planning and design conditions (5 working days), feasibility study report approval (preliminary design depth, including budget estimation) (15 working days).
(3) Projects to obtain land use rights by way of transfer
The municipal and district planning, land and resources departments shall simultaneously issue the construction land planning permit (instant) when the construction unit signs the land transfer contract. They shall handle the construction land approval letter (instant) simultaneously when the land transfer fee is paid up.
(4) Projects of non-independent points
In general, the approval of all stage of the project can be completed in order within 15 working days, mainly including, feasibility study report approval (preliminary design depth, including budget estimation) (15 working days).
In case of the above-mentioned situations, 7 working days shall be increased for the location selection (or the approved planning and design conditions) for project not included in the construction conditions of business coordination platform with " multi-plans integration" of the implementation library which requires the consultation of the related departments and the consulted department shall complete the approval of consultation within the specified time limit. The super high-rise building earthquake fortification review for the super high-rise projects shall be completed before the feasibility study (preliminary design depth) approval.
X. Project Construction Permit
The project construction permit stage mainly includes the procedures such as transfer decision letter issuance, construction land approval letter issuance and construction project planning permit (including the design plan review).
The municipal and district planning land and resources departments shall, in accordance with their own duties, take the lead in coordinating the procedures for the construction permit stage. According to the land acquisition method and project type, the procedures of this stage shall be completed within 10-20 working days.
(1) Issuance of the transfer decision letter and the construction land approval letter
The Planning, Land and Resources Commission shall issue the transfer decision letter and the construction land approval letter within 5 working days. The construction land approval can be issued together with construction project planning permit and the approval time limit is 10 working days.
(2) Issuance of construction project planning permit
The construction unit shall submit the application for project construction permit to the Planning, Land and Resources Commission which shall, in accordance with the " integrated acceptance, internal consultation, fulfillment within specified time and one-time approval", complete the design scheme approval (design scheme publicity, municipal government approval and special demonstrations related to landscape protection, infrastructure protection, security protection, etc. shall not be counted in the time limit) within 5 working days after acceptance.
After the approval of the design scheme, the construction unit shall, in accordance with the approved construction design plan, formulate the construction drawing design document of the construction project and submit the planning part of the construction drawing design document. The Planning, Land and Resources Commission shall issue the construction project planning permit within 5 working days and issue the construction project permit within 10 working days for the municipal linear projects except for the municipal public infrastructure access applied by the users. The construction drawing design document approval certificate and the single line selection planning for the municipal linear projects are no longer pre-conditions for the issuance of the construction project planning permit. Any changes in use nature, building area, height, structure or general layout shall be subjected to the approval of the original issuing department.
The design scheme approval for those not included in the coordination and implementation construction conditions of the business coordination platform with "multi-plans integration" of the implementation library and not complete the joint review requires the consultation of the related departments such as traffic police, transportation, greening. The time limit of the Planning, Land and Resources Commission is 20 working days in which the collaboration department shall complete feedback within 12 working days.
The construction project planning permit of the infrastructure and emergency engineering of the public service projects that have completed land reserve in early stage and adopted the land transfer method can be applied for with the planning land opinion and land use agreement as the land use supporting documents; The construction project planning permit shall be issued to the municipal transportation linear projects after obtaining the approval document through the commitment that the earlier construction will not impact the affairs such as rights and interests of the land-expropriated rights holders and interested parties, expropriation proceedings clearly completed and agreed period of the construction land approval; The construction project planning permit shall be issued to the projects such as technological innovation center, social and people's livelihood, ecological civilization construction and urban infrastructure with special construction period requirements by the above informing and pledging method.
(3) Expanding the exemption of scope of technical review for design
The exemption of scope of technical review shall be expanded for the construction projects publicized according to the exemption of design scheme. The pipeline comprehensive planning approval (except for the important pipelines with strict planning control requirements) of new construction and reconstruction of municipal pipeline projects shall be implemented when the construction project planning permit is issued.
XII. Construction Permit
The construction permit stage mainly includes the procedures such as construction drawing design document review and construction permit issuance and so on.
The municipal and district housing and urban-rural construction management departments shall, in accordance with their own duties, take the lead in coordinating the procedures for the construction permit stage. After the completion of the formulation of construction drawing design document, the construction unit shall submit the application for the construction permit and the construction drawing review organization and housing urban-rural construction management department shall complete the construction drawing design document review and the construction permit issuance successively. The procedures of this stage can be completed within 13-23 working days based on the project type and size.
(1) Construction drawing design document review
After the completion of formulation of construction drawing design document, the construction unit shall submit the construction drawing design document and other materials as required and choose the corresponding construction drawing review organization to implement the construction drawing review. The construction drawing design document of the housing construction and municipal infrastructure project shall implement the digital “multi-drawing joint review” system. The approval departments such as fire protection, civil defense, health planning, water affairs, earthquake resistance, etc. shall, in accordance with their own lawful duties, entrust the same authorized construction drawing approval organization, in the way of government's purchasing health-care service, to uniformly approve the construction drawing design document and affairs such as fire protection design, air defense basement with the combination of construction of civil architecture, preventive sanitary design, water saving facility design and specialized earthquake fortification design, and the construction drawing review organization shall issue the review opinions as the opinions of the approval department.
The construction drawing design document review time limit for the government-invested housing construction project, municipal linear (non-independent land occupation) project, and municipal transportation linear project are 20, 10, and 15 working days respectively.
The construction unit shall, according to the actual conditions of the project, complete the glass curtain wall light reflection impact demonstration, the glass curtain wall structure safety demonstration, the deep excavation engineering review and approval of special demonstration of flood prevention impact of underground public-works construction project and take the review opinions as the construction drawing design approval documents.
The inflammable and explosive construction projects and sites such as oil depots, gas depots, ammunition depots, chemical warehouses, fireworks, petrifaction, etc., the tourist attractions in the lightning-prone area or the construction (structures) and facilities put into use shall be the places installed with the lightning protection devices simply and the approval of places with high lightning risk without the lightning protection device design shall be completed with the meteorological department jointly within the specified time limit.
(2) Construction permit
The procedures for construction permit shall be simplified and the preconditions such as on-site safety and quality measures review and construction funding proof before the issuance of construction project construction permit shall be canceled. No procedures of project land for the construction permit are required for the reconstruction projects such as maintenance and reinforcement, repair with no new land. No examination and approval procedures (except for the landscape protection project) are required for the reconstruction projects which are not increased in building area, the total height of the building, the number of building layers and not involved in modification of façade, reduction of safety level of the building structure and change in nature of use.
The classified management shall be implemented and the construction permit procedures shall be accelerated. The issuance time of construction permit shall be shortened to less than 3 working days. The construction electronic certificate of the construction projects (including housing construction and municipal infrastructure projects, similarly hereinafter) shall be pushed across the city. The construction electronic certificate has the equal legal effect with the paper "construction engineering construction permit" and the construction units can download and print it out by themselves.
(3) Simultaneous management affairs
Various government review and approval for construction layout and construction project occupation or that impacting urban roads, highways, bridges, tunnels, rail transit, railways, rivers, seawall embankments, water lifting facilities, completed green areas can be managed simultaneous at the construction permit stage and the approval affairs for environmental impact assessment approval and energy conservation review shall be completed before the project starts.
Before the application of construction permit, the construction unit shall, as required, organize the construction and energy conservation review for the construction projects that shall invite tenders in accordance with laws and complete the procedures before the project starts.
The application for municipal public infrastructures such as water supply and drainage, power supply, gas, etc.attached to the building construction project can be processed after the housing project construction permit issuance and the relevant facilities shall be completed during the construction stage of the project. The specific management measures shall be studied and formulated by the administrative departments of water supply and drainage, electricity and gas.
Ⅻ Final Acceptance
The final acceptance mainly includes the procedures such as acceptance of departments such as planning land and resources, fire protection, civil defense and final acceptance filling, municipal public infrastructure access and first registration of real estate (involving housing construction).
The municipal and district housing and urban-rural construction management departments shall, in accordance with their own duties, take the lead in coordinating the procedures for final acceptance. The construction unit shall submit the application after organizing the final acceptance and the municipal and district housing and urban -rural construction management department, municipal public access service organization, and the real estate registration department shall complete the final acceptance and filing, the municipal public infrastructure access and the first registration of the real estate. The procedures in this stage shall be completed within 10-20 working days according to the project type and size.
(1) Final acceptance and filing
After the final completion, the construction unit shall uniformly apply for the acceptance of the project quality, planning land and resources, fire protection and other professional departments and the housing and urban-rural construction management department shall take the lead in organizing the planning, land and resources commission, fire protection and other professional acceptance departments to implement the comprehensive acceptance of the construction project. For projects with large construction scale, complicated technical difficulty or other projects that the construction unit can not master whether they are consistent with all acceptance criteria, the construction unit with one or part of the professional completion acceptance conditions can, according to the actual conditions of the project, apply for the on-site checking to the relevant acceptance management departments. As the advance service provided by the government before the unified application for acceptance, the relevant acceptance management department shall provide on-site checking services within the time limit.
All acceptance management departments shall strictly follow the laws and regulations, the mandatory standards of engineering construction, and the completion drawings submitted by the construction unit for the acceptance (including on-site checking). After on-site acceptance, all acceptance management departments shall issue acceptance opinions of “pass”, “conditional approval” or “not pass”, and inform the construction unit at one time.
The housing and urban-urban construction management department shall issue the uniform final acceptance filling certificate to the project passing the professional acceptance or conditions. The time limit for the final acceptance and filling shall be shortened to 15 working days, including, 12 working days for professional on-site acceptance and 3 working days for final acceptance filling. The time limit for final acceptance and filling of municipal linear (non-independent land occupation) projects is 10 working days, including, 8 working days for professional on-site acceptance and 2 working days for final acceptance filling.
The final acceptance filling electronic certificate shall be pushed cross the city. The electronic certificate has the same legal effect with the paper one and the construction units can download and print it out themself.
(2) Synchronous management affairs
The final acceptance implements the multi-tests integration and the mapping services such as planning land comprehensive acceptance mapping, green area measurement, civil defense project area mapping, motor vehicle parking lot (garage) measurement, fire measurement and real estate mapping. The construction unit shall entrust the mapping service organization that meets the qualification requirements once for the uniform mapping to achieve results sharing.
The special completion acceptance and filing links for gas, sanitation facilities, water supply and drainage facilities, etc.attached to the housing construction project handled separately shall be canceled and the access to municipal public infrastructure such as water supply and drainage, electricity and fuel power shall be handled simultaneously with the completion acceptance filling of the project.
After the filling of final acceptance, the first registration of the real estate can be carried out simultaneously, and the time limit is 5 working days.
XIII. (1) simplification of approval links
Under the premise of ensuring public safety, public interest and project quality, the report requirements and preconditions for the existing approval affairs shall be further arranged and the unreasonable and unnecessary affairs shall be canceled. The construction project application, water supply project construction approval, building energy conservation design review and filing, construction contract filing, construction drawing design document review and filing, construction project fire design filing, review of supporting greening project completion drawing and acceptance results, construction fund proof, letter of commitment for no default on construction cost, work-related injury insurance procedures in construction industry and proof of construction projects overturning mineral resources, etc. shall be canceled; The land investigation organization shall apply for the land ownership survey for new transferred land project and the internal departments for issuance of planning land opinion, construction land planning permit shall confirm the scope of of the preliminary survey and detailed survey. The location selection opinion and construction land planning permit shall be no longer taken as the basis for confirming the scope of of the preliminary survey and detailed survey; On the basis of the original approval time limit, the time limit for all approval procedures shall be reduced by more than half. The deferred approval affairs shall be simplified. The validity for project location selection opinion, the approved planning and design conditions, and the approved construction project design plan shall be extended to one year and that of the construction project planning permit shall be extended to one year. If the land transfer contract have been agreed, such agreement shall prevail.
(2) Optimization of assessment and review affairs
The construction unit shall implement the negative assessment and review affairs such as environmental impact assessment, capability assessment, stability assessment, earthquake risk assessment, fire risk assessment, transportation assessment, water resource, optimal land utilization etc. to ensure the overall stability of the plan. The specific area management committees shall implement the " multi-assessment integration" in the specific areas such as development area, industrial parks at the early stage of area development and the assessment report for the project sharing assessment and review results in the area will not be formulated separately. For the government investment projects that reach the threshold, various assessment and review processes shall be further standardized and optimized and the time shall be reduced by more than half on the original basis. The specific area management committees integrate the assessments for glass wall light reflection impact demonstration with the glass wall structure safety demonstration.
(3) Joint approval affairs.
The existing approval processes shall be arranged and various approval affairs shall be further optimized and combined. Several approval affairs belonging to the same approval main body at the same management stage can be integrated into one approval affair and those not belonging to the same approval main boday can be handled simultaneously.
The location selection opinion issuance, approved transferred land planning conditions and approved planning conditions shall be integrated into the planning land opinion. Co-management is allowed for the location opinion and land prequalification belonging to the same main body; In addition to the municipal transportation linear projects, the feasibility study report, preliminary design and budget estimation shall be integrated and the feasibility study report shall be formulated in accordance with the preliminary design; The approval of construction project plan within the scope of river management, the issuance of " River Temporary Use Permit", the approval of trees removal within the scope of river management, the approval of embankment break construction or breach, hole of the level 1 rivers, the approval of embankment break construction or breach, hole of the seawall, the approval of construction projects within the scope of raw water pipe protection and approval of the construction within the scope of protection of important drainage facilities and other approval affairs shall be integrated into the approval of the construction project scheme related to the water affairs. The multi-drawing joint review and multi-inspection integration and other reform pilots shall be further deepened and the multi-test integration shall be introduced. The mapping results shall be taken as one of the basis for project completion acceptance.
(4) Changes in management methods.
Under the premise of retaining the existing approval affairs, the following measures shall be implemented, such as, further change in management methods, implementation of informing and pledging method, publicity of list for construction projects with informing and pledging method, clarification of format text for various letters of commitment, implementation of" one project, one stage and one commitment" and active implementation of architect responsibility system pilots. The projects for architect responsibility system pilots shall be free from technology review of the design documents (except for the scheme publicity) by the informing and pledging method and just have the procedures legality review. In the construction permit stage, the construction unit and the executive architect may apply for the use of informing and pledging method to avoid the provision of the construction drawing approval certificate and the housing urban-rural construction management department shall issue the construction permit first; the construction unit may choose to start the sample review or sample review filling independently. The construction unit shall complete the review procedures of the construction drawing design document within three working days from the date of receiving the construction permit and during the period, the housing and urban-rural construction management department shall supervise and inspect whether the applicant's commitment is true.
(5) Strengthening the information sharing.
Relying on "one-time management on network", the intercommunication of the information platforms of the departments such as joint review platform and development and reform, planning, land and resources, and housing and urban-rural construction management shall be strengthened to achieve the real-time sharing of enterprise information, project information, approval (review) information, and regulatory information. The report materials of all stages and report materials and approval results submitted at the early stage shall be simplified greatly and there is no need to submit them in the subsequent stages.
The construction project code system shall be implemented and the project code is the only identity mark throughout the construction period and the government investment project code is generated in the reserve library stage. The processing information, approval information and supervision information of the project at each link and stage shall be collected into the project code.
(6) Strengthening legal guarantees.
All approval departments shall, in accordance with the implementation rules, formulate the relevant provisions voluntarily for affairs such as the cancellation, combination, decentralization, adjustment clarified in the list of whole process published by the city as well as the administrative approval, technology approval, municipal public services and filing, etc. of transformation of administrative management; The relevant state ministries shall, in accordance with the Shanghai Pilot Free Trade Zone, intermit the relevant regulations for those consistent with the host law basis stipulated by laws, administrative regulations, and departmental rules within the city limits.
XIV. Improving Consulting Services Level
(1) Strengthening technical consulting capabilities.
In order to ensure the quality of design documentation and the quality of project construction, the construction unit shall ask the relevant approval departments for advisory opinion on design contents or final acceptance content they can not master through the joint review platform(ask for written advisory opinion through leading department during the transitional period) in the process of organizing the design documentation or before the final acceptance and provide the relevant data as required.
After the construction unit submits the consulting application on the joint review platform, the consulted department shall, within prescribed time limit, reply and upload the consultation opinions which serve as the basis for deepening design, construction drawing review, final acceptance and daily supervision and management. The consulted department shall upload the original scanned copy of the approval document on the joint review platform.
In principle, the time limit for technical advisory services that require formal advice shall be less than 7 working days and for those with technical difficulty shall be less than 10 working days.
All approval departments shall provide advance services initiatively and consulting services for the corresponding contents according to the application of the construction unit; for those require coordination of departments, as the leading departments, the departments such as development and reform, planning, land and resources, housing and urban-rural construction management can organize the special coordination meeting to clarify the joint consultation and review opinions.
(2) Optimizing consulting services
The .construction unit shall submit the corresponding consulting departments the consultation through the jury platform (ask for written advisory opinion through leading department during the transitional period), city, district or specific area management committee consultation window for any problem such as unclear management processes during the handling processes of all links and stages and shall upload the consultation on the joint review platform.
In principle, the time limit for regular service consulting services shall be less than 3 working days from the date of receipt. The consulting department should regularly analyze questions encountered during the consulting service process and publish the problems and handling opinions on the joint review platform.
The municipal leading departments, the district administrative service center and the specific area management committees shall set up the uniform comprehensive consulting service window to provide consulting services for enterprises through various methods such as track trace service, hotline and WeChat. The third-party consulting organization or prequalification agencies are supported to provide market-oriented professional consulting services.
XV. Strengthening In-process and Postmortem Supervision
The supervision model of" double random and one publicity" shall be implemented fully and the perfect in-process and postmortem supervision system for approval, recording, spot check and discipline with the informing and pledging affair as the key. All approval departments shall, in accordance to the "Implementation Plan" and provisions of this Implementation Rules, timely issue the corresponding supporting policies and documents, implement the approval and in-process and postmortem supervision in accordance with their own duties and propose supervision opinions through the joint review platform. The construction unit shall handle and respond to the supervision opinions and the supervision department shall confirm and verify that.
The construction market integrity platform shall be improved and the credit information recorded by all approval supervision departments at four approval stages such as project land planning permit, project construction permit, construction permit, completion acceptance shall be collected. The sound credit files for enterprises and employees covering construction unit, sunshine analysis unit, engineering consulting, survey, design, construction, supervision, testing, etc. shall be established and the record, disclosure, evaluation and application system of credit information shall be improved. What's more, the scope of enterprises and registered personnel implementing the credit evaluation shall be expanded. The measures of trustworthy incentives and dishonesty constraints shall be strengthened and the application of credit evaluation results in the whole process of project approval, voting, qualification and other links or field shall be expanded. The information sharing mechanism with the city's public credit information service platform shall be improved and the cross-departmental dishonesty joint punishment shall be strengthened.
The standardization construction of administrative approval intermediary services shall be advanced. The intermediary services guidelines for administrative approval shall be studied and formulated and the work standards, service standards and quality, charging basis and procedures for intermediary services shall be formulated. The online supermarket for administrative approval intermediary services of the construction project shall be explored for the unified external services. The potential defect insurance for project quality shall be implemented. The pilot areas and project types shall be expanded and that the third-party organizations such as engineering guarantees and insurance actively participate in construction project quality risk management and control shall be encouraged to ensure the quality and safety of construction projects and resolve quality and safety risks through market-based means.
XVI. Methods
During the pilot transition period from September 1st to December 1st, 2018, the administrative approval and technical review of the entire process of government investment projects shall be applied to the leading department of the approval stage or the previous stage in accordance with the procedures and each stage or link shall implement the action mode of“one service guide, one application form, one set of application materials and simultaneous approval within time limit”. The relevant municipal leading departments , the district governments and the specific area management committees shall establish the unified acceptance and consultation service window on the basis of the original approval hall and te original certificate (except for the receive of electronic certificates) shall be received by window or express delivery service. Replying on" one-time management on network", the Shanghai Construction Engineering Joint Review Sharing Platform can be improved and the online management of government investment projects shall be put online in stages.
From December 1st, 2018, the entire process such as application, acceptance, approval, reply, and issuance of certificates will be handled online without paper or window because the whole process of administrative approval and technical review of government investment projects has been included in the platform, which can help to monitor the approval department's approval behavior, help the whole process tracking oversight of the approval links and control of approval nodes, help to strengthen the interconnection between the internal approval business systems of each department and help to transfer the approval process and the approval results in real time.
XVII. Project Application
Before September 1, 2018, the projects with no project proposals applied for shall be implemented in accordance with the Implementation Rules.
Before September 1, 2018, the project with no project completion acceptance applied for shall be implemented in accordance with the Implementation Rules at the acceptance stage.
The following procedures of other projects except for the above-mentioned projects shall, based on the actual situation of the construction project, be completed according to the original approval process of the city; or can be implemented in accordance with the Implementation Rules at next approval stage after the completion of all approval affairs at the same approval stage.
This Rules have been tried out throughout the city since September 1, 2018.