Implementation Suggestions of General Office of the State Council on Comprehensive Reform of Review and Approval System for Construction Project
GBF [2019]No.11
People's governments of provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions of the State Council and organizations directly under the State Council:
The reform of review and approval system for construction project is the major decision made by the Party Central Committee and the State Council under the new situation and an important part of promoting the transformation of government functions and deepening the reform of “giving power away and improving management and services of government” and enhancing the business environment. Since the pilot project for the reform commenced in May 2018, complete reform of construction project review and approval system has been carried out in pilot areas in accordance with instructions of the State Council, and unified review and approval process, unified information and data platform, unified approval management system and unified supervision approaches have basically achieved. With the approval of State Council, the following suggestions are proposed on the comprehensive reform of review and approval system for construction projects.
I .General Requirements
(1) Guiding Ideology. Guided by Xi Jinping thought on socialism with Chinese characteristics for a new era, thoroughly implement the spirit of the 19th CPC national congress and the second and third plenary sessions of the 19th CPC central committee, put the people first, firmly embrace new concepts of development, and aim at promoting modernization of the government management system and capacity and providing better services to enterprises and citizens, enhance the transformation of government functions and giving power away, and comprehensively carry out the reform of review and approval system for construction projects, to unify the review and approval process, information and data platform, approval management system and supervision approaches and to achieve the "four unifying" of construction project review and approval.
(2) Reform Contents. Provide full-process and full-coverage reform for review and approval system of construction project. The reform covers full process of project review and approval (from project application to as-built acceptance and utilities access, etc); mainly include house and urban infrastructure projects; special project, traffic, water conservancy project and energy projects are not included. Include administration approval, technical review, intermediary services, municipal public services, filing and other issues to promote standardization and optimize process.
(3) Main targets.In the first half of 2019, the review and approval time for national construction projects is reduced to less than 120 working days. In the provincial (autonomous region) and prefecture-level cities and above-level cities, project review and approval system frame and information data platform are established preliminarily; by the end of 2019, project approval management system and relevant platforms are connected. Reform is deepened in the pilot areas, promoting the reform innovation, simplifying review and approval procedures, reducing review and approval stages and time, enhancing counseling services, and improving the efficiency of review and approval. By the end of 2020, nationwide unified project approval and management system for construction project will be basically established.
II. Unifying Review and Approval Process
(4)Simplifying review and approval procedures. Reduce issues and conditions required for review and approval, cancel the illegal, unreasonable and unnecessary issues and minimize prerequisite for necessary issues. Decentralize the review and approval authority, and give the power and authority to or authorize lower-level government offices to review and approve issues that lower-level government offices are capable to undertake for convenience of enterprises and citizens. Merge issues for review and approval, and several issues with similar contents or under the same procedure for review and approval of the same department can be merged. Change the mode of management, and issues that can be replaced with consulting to relevant government departments can be changed into government internal coordination issues. Adjust review and approval sequence, seismic safety evaluation can be completed before project design, and environmental impact assessment, energy efficiency evaluation and water withdrawal permit can be completed before the commencement of construction. Land pre-review comments can be used as land use certificate to apply for construction project planning permit. Access of water, electricity, gas, thermal and drainage and telecommunication can be applied before commencement of construction, relevant facilities can be completed during construction and access procedures can be directly completed after as-built acceptance. Review and approval procedures shall be further simplified in pilot areas, and copy-able and expandable experiences should be achieved in terms of canceling construction drawing review (or narrowing the scope of the review) and implementing informing and pledging method and designer's lifelong responsibility system, etc.
(5) Standardizing the review and approval items. Various regions shall, in accordance with the unified requirements of the State Council, comprehensively simplify the review and approval items of construction projects in the region, unify the review and approval items and legal basis, and gradually form nationally unified names, application materials and time limit for the review and approval items. In accordance with the principles of legality, simplification and efficiency, formulate a list of review and approval items for urban construction projects at the national, provincial (autonomous region) and prefecture level and above, specify the scope of application and preconditions of various review and approval items, and implement dynamic management. In principle, the list of review and approval items formulated by the lower level government shall be consistent with the list of review and approval items of superior government. Items beyond scope of superior government shall be reported to the superior authorities for record and the reasons shall be explained.
(6) Reasonably dividing approval stages. Review and approval process of construction projects is mainly divided into four stages: entitlement land use permit, engineering construction permit, construction permit, and completion acceptance. Among them, the entitlement land use permit stage mainly includes project review and approval, issuance of site selection comments, land pre-review, and land use permit. The engineering construction permit stage mainly includes design scheme review and issuance of planning permit of construction project. The construction permit stage mainly includes design review confirmation and issuance of construction permit issuance. The completion acceptance stage mainly includes planning, land, fire protection, civil air defense, archives and other acceptance and completion acceptance records. Other administrative permits, mandatory assessments, intermediary services, municipal public services, and recording are incorporated into relevant stages or in parallel with relevant stages. Determine one lead department for each review and approval stage, and implement “one lead, parallel approval, completion as scheduled”. The lead department shall organize and coordinate relevant departments to complete the review and approval in strict accordance with the limited time.
(7) Formulating review and approval process by category. Formulate unified model texts for the review and approval process of the construction projects. The local people's governments at the prefecture level and above shall, according to the model texts, formulate review and approval flow charts for different types of projects such as government investment projects and social investment projects; meanwhile, further summarize the combined approval process according to the project type, investment type and scale. Simplify review and approval of small and medium-sized social investment construction projects; for projects transferred with scheme, design scheme will not be reviewed and engineering construction permit and construction permit will be combined into one stage. The pilot areas should further increase the intensity of reforms, and it can be explored in other construction projects to integrate engineering construction permits and construction permits into one stage.
(8) Implementing joint review and joint acceptance. Formulate joint review of construction drawing design documents and joint completion acceptance management measures. The technical review of fire protection, civil air defense, and technical defense will be incorporated into the construction drawing design document review, and relevant departments will not conduct technical review. Implement joint acceptance for planning, land, fire protection, civil air defense, archives and other items within limited time, unify acceptance drawings and acceptance standards and issue acceptance comments. For the surveying and mapping work involved in the acceptance, “one-time entrustment, joint surveying and mapping and achievement sharing” will be implemented.
(9) Carrying out regional assessment. In various development zones, industrial parks, new districts and other conditional areas, the government shall organize regional assessment for important mineral resources, environmental impact assessment, energy conservation assessment, geological disaster risk assessment, seismic safety assessment, and water resources demonstration. If regional assessment is adopted, related governmental department shall notify Developer of the related construction requirements before the land is transferred or allocated.
(10) Implementing notification commitment system. A notification commitment system shall be implemented for review and approval items that will not cause serious consequences after actions that do not meet review and approval conditions are rectified through post-event supervision. Announce list of review and approval items and specific requirements of construction projects that implement the notification commitment system; if the applicant makes a written commitment in accordance with the requirements, the review department may directly make an approval decision based on the applicant's credit and other conditions. For the construction projects within the scope of the regional assessment, the notification commitment system shall be implemented for corresponding review and approval items.
III. Unifying Information Data Platform
(11) Establishing and improving the review and approval management system of construction projects. The local people's governments at the prefecture level and above shall, in accordance with the principle of “horizontal to the side and vertical to the bottom”, integrate and construct the project review and approval management system covering all local departments and districts and counties, and connect with the national review and approval management system of construction projects to realize real-time sharing of approval data. The provincial construction project’s review and approval management system shall incorporate the provincial review and approval items of construction projects into the system for management, and realize the real-time sharing of the approval data with the national and regional approval management systems of urban construction projects. Study and formulate management methods for review and approval management system of construction projects, and strengthen the guidance and supervision of review and approval of construction projects through the review and approval management system of construction projects. The local construction project’s review and approval management system shall have the functions of strengthen business collaboration of the "multi-regulations", online parallel approval, statistical analysis, supervision and management, etc., and carry out review and approval on the basis of “one blueprint” to achieve unified acceptance, parallel approval, real-time circulation and supervision. Oriented by application, break the “information isolated island”, realize connection of review and approval management system of construction projects with national integrated online government service platform and promote interconnection of review and approval management system of construction projects with online review and approval supervision platform of investment project and review information system of related departments before the end of 2019. The local people's government shall guarantee the capital arrangement for the integration and construction of review and approval system of construction projects.
IV. Unifying Review& Approval Management System
(12) “One blueprint” guiding project implementation. Holistically integrate various planning, divide various control lines, and establish “one blueprint” integrating "multi-regulations". Relying on approval management system of construction projects, strengthen business collaboration of the "multi-regulations", holistically coordinate construction conditions of various departments on construction projects and items to be assessed and evaluated, to provide basis for Employer to implement construction conditions and for related departments to reinforce supervision management, accelerate the planning production of the project in the early stage, and simplify the project’s review or approval procedures.
(13) “One window” providing comprehensive services. The people's government at or above county level shall strengthen the construction of the government affairs hall and give play to the role of serving enterprises and the public, supervising, coordinating and approving. Integrate service windows decentralized by various departments and municipal public organizations, and set up a comprehensive service window for construction project review and approval. Establish and improve "front desk acceptance and backstage review" system and provide comprehensive service window for unified receiving and issuing of documents, and achieving “one window” service and management. The provincial people's government shall uniformly formulate work procedures for “one window acceptance” in this region. It is encouraged to provide construction project review & approval consulting, guidance, coordination and agency services for applicants, help enterprises learn review and approval requirements, submit list of application materials of relevant construction project to increase passing rate.
(14) “One form” integrating application materials. Implement operation mode of “one guideline, one application form, one set of application materials and completion of multi-item review and approval” in each review and approval stage. Leading department shall formulate unified guideline and application form. Applicant is only required to submit one set of application material at each review and approval stage. Establish perfect review and approval service list and system. Actively provide list of items requiring review and approval for applicant. Review and approval departments of different review and approval stage shall share application materials and shall not request applicant for resubmission.
(15) “One system” for normalized review and approval. Establish sound review and approval support system for construction project; specify department duties and clear work procedures, normalize review and approval behaviors and ensure seamless connection of review and approval stages and procedures. Establish review and approval coordination system, and provide coordination on settlement of department disputes. Establish follow-up and supervision system, and provide real-time follow-up on review and approval progress, and supervise the whole process. Governmental departments at different levels shall actively strengthen communication and coordination with People's Congress and judiciary organizations, accelerate formulation, revision, abolishment and interpretation of laws, regulations, normative documents, standards and codes, revise or abolish relevant systems that fail to comply with review and approval system reform requirements of construction project, and set up long-term system for legal execution of reform.
V. Unified Supervision Approaches
(16) Enhancing in-event and after-event supervision. Further change supervision concept, perfect in-event and after-event supervision system, unify and normalize in-event and after-event supervision pattern, set up new supervision system with “two random selections and one informational publicity” supervision as basic method, important supervision as supplementation, and credit supervision as base, and seriously investigate and deal with illegal behaviors. For review and approval items executing informed-commitment, review and approval department shall check commitment fulfillment of undertakers within stipulated period. In case of non- fulfillment of commitments, review and approval department will withdraw administrative decision and investigate corresponding liabilities of undertakers legally.
(17) Enhancing credit system construction. Set up credit information platform for review and approval of construction project, perfect applicant credit record, establish red list and blacklist system, implement credit classification management and issue memorandum on joint incentive and joint punishment for dishonesty in construction project review and approval for strict supervision of untrustworthy enterprises and employees. Incorporate dishonest behaviors of enterprises and employees in violation of laws and regulations, and failing to fulfill their commitments into construction project review and approval management system, realize nationwide credit information sharing platform, strengthen credit information sharing, and build a joint punishment system of “being restricted everywhere in case of dishonesty in one area”.
(18) Normalizing intermediary and municipal public services. Establish sound intermediary and municipal public service system, implement service commitment system, specify service standard and work procedures, and normalize service fee charging. Based on review and approval management system of construction project, establish online transaction platform for intermediary services, and implement whole process supervision of intermediary services. Water supply, power supply, gas, thermal, drainage, telecommunication, and other municipal public services shall be completely provided in governmental affairs service hall for unified and normalized management, and providing “one-stop” services for developer.
VI. Enhancing Organization and Implementation
(19) Enhancing organization and leadership. Ministry of Housing and Urban-Rural Development shall be responsible for organization, coordination, supervision and guidance on reform of construction project review and approval system. Departments shall keep close coordination, and enhance linkage of review and approval system reform of construction project, reform of investment review and approval systems, and various reforms for streamline administration and institute decentralization to form resultant force of reform. Provincial people’s government shall thoroughly lead reform of review and approval system of construction project in this region as per implementation comments, and enhance overall coordination, guidance and supervision to provide organization and fund guarantee for reform, and actively promote implementation of various reform measures. Provincial people’s government shall formulate specific implementation scheme within 1 month after printing and issuing of the implementation suggestions and submit it to Ministry of Housing and Urban-Rural Development for record. Local people’s governments shall pay high attention to reform of review and approval system of construction project, undertake main responsibility for reform, establish leadership group with main principal as group leader, specify responsible department, formulate schedule and route map, and ensure qualified completion of tasks as scheduled.
(20) Enhancing communication feedback and training. Ministry of Housing and Urban-Rural Development shall establish communication feedback system linking upper level and lower level, timely learn review and approval system reform of local construction project, and urge and guide local department to study and solve the issues occurred in reform. Focused training, network training, special subject training and others shall be adopted to tackle the focuses and difficulties in each region. Enhance work training of various leaders, employees and applicants, provide thorough clarification and education on relevant policies, and improve reform capability and business level.
(21) Strict supervision and implementation. Ministry of Housing and Urban-Rural Development together with relevant departments shall establish evaluation mechanism on review and approval system reform of construction project, and focus on assessment of whole process and full coverage reform, unified review and approval procedures, unified information platform, unified review and approval management system, and unified supervision approaches of each region, and report to the State Council. Various local people’s governments shall enhance supervision of work of relevant local department, and follow up implementation of reform task. Provincial people’s governments shall regularly report work progress to Ministry of Housing and Urban-Rural Development. If work is not carried forward as scheduled, reform progress of review and approval system of construction is influenced, especially phased work objective is not completed as scheduled, liabilities of relevant party shall be seriously investigated as per laws and regulations.
(22) Strengthening publicity and guidance. Departments in each region shall timely publicize and report relevant work measures and achievements via multiple ways, enhance public opinion guidance and undertaking and support of the public on review and approval system reform of construction project, and make response to concerns of the public in a timely manner to create sound public opinion environment for smooth implementation of reform.
Office of the State Council
March 13, 2019
国务院办公厅关于全面开展工程建设项目审批制度改革的实施意见（国办发[2019]11号）