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463 Implementation Measures for Registration of Social Investment Construction Projects Application 深圳市社会投资建设项目报建登记实施办法

来源:深圳市司法局 日期:2020年02月21日 字号:[] 【内容纠错】

  (Adopted at the 129th Executive Meeting of the 6th Shenzhen Municipal People's Government on July 3, 2018) 

  Chapter One General Provisions 

  Article 1 In order to create an optimal business environment and promote high-quality economic and social development, the Implementation Measures for Registration of Social Investment Construction Projects Application (the “Measures”) herein are formulated with the efficient and smooth application of projects as the core, combined with the actual situation of Shenzhen Municipality.

  Article 2 The Measures herein apply to projects of new construction, reconstruction, and expansion using social capital within the administrative area of Shenzhen Municipality, except for projects subject to approval.

  Article 3 In the registration process, government authorities shall, in accordance with the principles of providing service proactively, optimizing the examination and approval procedures, improving the serving methods, and attaching equal emphasis to both delegating power and strengthening oversight, timely understand the progress of construction projects and project information, demands and opinions sent by relevant departments, and intensify consulting services to offer proactive guidance and deal with problems of project companies in the registration. In addition, government authorities shall actively coordinate projects involving examination and approval powers of the state and the province.

  Article 4 Unless otherwise stipulated by laws and regulations or newly approved by higher authorities, it is strictly forbidden to add or split items, permissive conditions and acceptance materials subject to examination and approval beyond the published list of items, to extend the time limit without authorization, and to carry out business flow outside the information system of examination and approval.

  Items subject to informative record management shall be confirmed by receiving documents. The project entity shall be responsible for the authenticity and validity of the submitted application materials, and the administrative approval department shall undertake the review and management duties for the contents of the record.

  Relevant authorities shall abandon the concept and mode of replacing supervision with approval, implement notification and commitment systems, strengthen supervision in and after the project, punish those who violate the rules and regulations, guarantee the quality and safety of projects as well as the integrity of the officials and governments.

  Article 5 Online Approval and Examination and Regulation Platform of Investment Project (Management System of Construction Project, hereinafter referred to as the online platform), as the online acceptance system of Shenzhen Branch of Administration Service Hall of Guangdong Province, shall meet the common use requirements of project companies, examination and approval departments, intermediaries, etc. It shall be an inter-departmental collaborative platform for procedures of the registration of application, achieving unified acceptance, conducting parallel project reviews online, real-time flow, tracking and inquiry, and information sharing. The municipal government service department shall actively guide project companies to apply and carry out relevant procedures online.

  Article 6 The registration process shall be divided into four stages in accordance of respective construction time: the permit for transfer of land and planned use, the construction project planning permit, the construction permit, acceptance of completion and real estate registration. The planning and land resources department and its dispatched institutions (The permit for transfer of land and planned use for urban renewal projects, and the permit on planning for construction project shall be undertaken by the district urban renewal department) shall be responsible for the permit for planned use and transfer of land and the construction project planning permit. The housing and construction department shall be responsible for, and the construction permit, and the acceptance of completion. The responsible departments shall organize and coordinate relevant departments to complete the examination and approval in strict accordance with the time limit.

  There are items that shall be subject to approval and items that may be subject to approval in each stage. The approvals of the two types of items shall be carried out in parallel. The items may be subject to approval in each stage shall not be in particular order, and each shall be dealt with as long as the necessary conditions are met. The flow chart for the registration of application, and specific items in each stage shall be formulated and announced by the municipal government service departments in accordance with the Measures herein.

  From the signing of the transfer contract of the land use right to the completion of registration of real estate, the time for approval shall be limited within 45 working days. From the signing of the transfer contract of the land use right to the acquisition of the construction permit, the time for approval shall be limited within 33 working days.

  Chapter Two Permit for Transfer of Land and Planned Use 

  Article 7 The signing of the transfer contract of the land use right (issuing the permit for planned use of land) shall be completed within 5 working days.

  Article 8 The municipal development and reform department shall file the social investment construction projects in accordance with relevant regulations. In addition to the projects involving the state secrets, the construction projects’ filing shall be subject to online acceptance, procedures, administration and service through an online platform.

  The development and reform department shall assign a unique ID code for each social investment construction project which carries out registration of application through the online platform as the unique identification mark during the whole construction period.

  Article 9 The municipal planning and land resources department shall establish the information platform of "combining multiple regulations into one" to integrate various spatial planning and relevant information, such as planning and land resources, development and reform, transportation, environmental protection, ocean, forestry, water affairs, meteorology, and sponge city, forming a blueprint for the city's spatial planning. Such a blueprint would provide a platform support for project demonstration and project generation, spatial data and related functional support for an online platform, and information inquiry for project construction.

  Article 10 The planning and land resources department and its dispatched institutions shall formulate transfer plans of the land use, and shall seek for opinions from the district governments, departments of development and reform, water affairs, environmental protection, transportation, housing construction, cultural relics, and industry authorities. The district government shall clarify the competent department of projects involving agent construction of public service facilities. Upon approval from the government, the transfer of land use right by means of bid invitation, auction or listing for sale shall be carried out.

  After successful transfer of the land use right, the project entity may apply for signing the transfer contract of the land use right after paying the land price and completing the verification of the source of funds, and obtain the construction land planning permit when signing the contract.

  Article 11 The project land to the contract approved by the district government or the municipal government and recorded in the online system shall be subject to the application of the construction land planning permit and the conclusion of the transfer contract of the land use right.

  Projects involving geological disasters, important minerals, cultural relics protection, airports, water, dangerous goods, gas, electricity, rail transit, etc., shall obtain review opinions from the relevant competent authorities.

  Chapter Three Construction Project Planning Permit 

  Article 12 The scheme verification of the project shall be completed within 15 working days, and the construction project planning permit shall be issued within 10 working days.

  Article 13 Project schemes of key areas and important stages shall be acquired through bidding and shall be recorded by the planning and land resources department and its dispatched institutions.

  In addition to projects mentioned in the preceding paragraph and subject to bidding in accordance with the laws, regulations and rules, the project entity may independently determine the contracting methods of scheme and construction, and the bidding shall no longer be compulsorily required.

  Article 14 The project entity shall apply for the scheme verification after completion in accordance with the construction land planning permit issued by the planning and land resources department and its dispatched institutions.

  For the transportation infrastructure of which the property right has been transferred to the government (including municipal roads, pedestrian three-dimensional crossing facilities, etc.) and the construction of the first and last bus station, the departments of transportation and planning and land resources and their dispatched institutions shall jointly conduct a parallel review on the project scheme, and shall issue a professional review report first.

  The project subject to one of the following circumstances shall be exempted from scheme verification: construction projects with single planning function, single building type and prescribed construction area of not more than 5, 000 square meters in the land parcel; general industrial and warehousing projects included in major project plans of Shenzhen Municipality; temporary buildings.

  Article 15 In addition to the project in which the annual comprehensive energy consumption is less than 1, 000 tons of standard coal and the annual power consumption is less than 5 million kWh, and the project that the energy conservation review may not be separately carried out in accordance with the state regulations, the project entity shall obtain energy conservation review opinions issued by the development and reform department before the construction of projects.

  Article 16 The housing and construction department shall integrate the construction drawing reviews of planning, construction, civil air defense, lightning protection, sponge city and other related departments, and shall incorporate the technical review content of the construction drawing into the comprehensive drawing for unified review by the service organization with the review qualification.

  Article 17 The project with obtaining the transfer contract of the land use right, the scheme verification opinion, and verification certificate of construction drawing, may apply for the construction project planning permit.

  Approval items such as fire protection, civil air defense, soil and water conservation, environmental protection shall not be preconditions for the construction project planning permit. For large-scale construction projects, the planning and land resources department and its dispatched institutions shall seek for the opinions from the transportation department as needed.

  The planning and land resources department and its dispatched institutions shall issue the construction project planning permit to projects involving national security, track safety, cultural relics protection, and construction of public service facilities in accordance with opinions of the relevant competent departments and the acceptance institutions of public service facilities.

  The approval of geographical?names (including approval of the naming of the building / approval of the public facility’s name / approval and record of professional facility’s name) shall be processed jointly with items of the construction project planning permit, and the relevant approval or permit shall be issued respectively; the approval of the establishment of permanent intersection and the approval of municipal pipeline shall be processed jointly, and the relevant approvals shall be issued respectively.

  The approval of the establishment of permanent intersection and the traffic impact assessment shall be no longer issued by the transportation department. The project involved with occupation and excavation of the roads and the establishment of temporary intersections shall be processed by the transportation department and the traffic police department of the public security bureau respectively in accordance with regulations of property rights management and traffic order management, and the integrated approval shall be issued.

  Article 18 After the project entity completes the project design scheme, the civil air defense department shall propose requests on civil defense engineering construction to projects of self-built civil air defense engineering construction, the projects with no civil air defense engineering construction and projects with civil air defense engineering construction in an exchanged land in accordance with respective application. For the project which is required to build civil air defense engineering construction, the relevant design shall be included in construction drawing for review.

  Article 19 For projects of large-scale personnel-intensive places and special construction projects stipulated by law such as hotels, restaurants, shopping malls, markets, theaters, dance halls, etc., the review of fire protection design shall be processed after the completion of the preliminary design.

  In addition to the construction projects specified in the preceding paragraph, the fire protection design documents shall be reported to the fire department for record within 7 working days after the construction permit is obtained.

  Article 20 After the project entity completes the scheme design or preliminary design, it shall be allowed to synchronously apply for the approval of the water and soil conservation scheme, and the informative record of the report on water conservation assessment. The approval of development and utilization schemes of tidal flats in the Pearl River Estuary within one municipal administrative division, the approval of schemes of project construction within the scope of river courses and schemes of removal and modification of urban drainage and sewage treatment facilities shall be processed synchronously.

  Article 21 Construction projects shall adopt soil and water conservation measures in accordance with relevant technical specifications and standards to prevent and control soil erosion. All construction projects in the developed areas of Shenzhen Municipality shall be implemented with informative record management except for those which can be exempted from the approval of water and soil conservation.

  Chapter Four Construction Permit 

  Article 22 The construction permit shall be completed within 3 working days.

  Article 23 The Environmental Impact Statement (Chart) shall be approved and recorded by the environmental protection department before the project starts. Before that process, geological exploration, site leveling, foundation pit support, pile foundation, the dismantlement of old buildings, temporary buildings, temporary roads for construction, water supply, electricity supply and the like may be carried out.

  Where the project is required to prepare the Environmental Impact Statement (Chart), but its environmental impact is relatively light and it does not need to be built with pollution prevention facilities and does not involve environmentally sensitive areas, the informative record shall be carried out; for projects that shall have filled and submitted the Registration Form of Environmental Impact, the environmental impact assessment shall be exempted.

  Article 24 Where the project contractor and the supervision entity are confirmed, the measures for ensuring the quality and safety of the project have been taken, and the review certificate of foundation pit and earthwork construction drawing and the construction land planning permit have been obtained, the project may start after the housing construction department jointly processes the construction permit (special) application and the registration of supervision regarding quality and safety.

  A project may start, where the project contractor and the supervision entity are confirmed, the measures for ensuring the quality and safety of the project have been taken, the review certificate of pile foundation construction drawing and application certificate of pile foundation are obtained, and the construction permit (special) application and quality and registration procedures of safety supervision completed by the housing and construction department.

  Article 25 Where the project contractor and the supervision entity are determined, the measures for ensuring the quality and safety of the project have been taken, the review certificate of construction drawing, construction project planning permit and fire protection review opinions are obtained, the housing and construction department shall jointly process the construction permit and registration on supervision of quality and safety.

  Article 26 Where the project entity provides the written commitment, the insurance payment certificate of employment injury insurance and the independent account agreement of wage of contract employees may not be provided for the construction permit, and the verification of the originals including the safety production license and personnel qualification certificate may not be conducted.

  Chapter Five Completion Acceptance and Real Estate Registration 

  Article 27 The project entity may choose joint acceptance or sub-item acceptance in light of the actual circumstances, and the joint acceptance shall be completed within 7 working days. The land use right and house title shall be registered within 5 working days for the first time.

  Article 28 The competent departments including housing and construction, transportation, water affairs, shall, in accordance with the needs of the project entities, support implementation of joint acceptance or partial joint acceptance, unify acceptance of completion drawings, acceptance criteria, and issue acceptance opinions jointly.

  The measurement work involved in the acceptance shall be carried out with one-time entrustment, unified surveying and results sharing, and the measurement data in the acceptance shall be included in the online platform.

  Article 29 The project entity which shall be accepted in sub-items shall be accepted by competent departments of each special acceptance department.

  Article 30 The project entity shall hand over the files of the construction to the municipal urban development archive within 3 months after the acceptance check upon completion.

  Article 31 After the project entity signs the transfer contract of land use right and obtains the on-site survey report, it may apply for the initial registration of the land use right.

  For projects involving the content of the former transfer contract of the land use right, the project entity may apply for the registration of alteration of the land use right after signing the supplementary agreement.

  Article 32 For construction of new projects or expansion projects, the project entity may apply for the initial registration of the land use right and house ownership after obtaining the acceptance certificate of construction project planning, completion acceptance certificate, and completion survey report. Where the land use right is not registered, the project entity shall apply for such registration together with other application.

  For the reconstruction project, the project entity may apply for modification registration of the land use right and house ownership after the construction project planning acceptance certificate, completion acceptance certificate, and completion survey and mapping report are obtained. Where the supplementary agreement is concluded for the transfer contract of the land use right, the relevant agreement shall be submitted.

  Article 33 If the project involves the use of sea areas, the project entity may apply for the initial registration of the right to use sea areas after signing the transfer contract of the right to use sea areas or obtaining the project approval document for the use of sea areas, the nautical chart and the boundary point coordinate materials.

  For the land reclamation project, the project entity shall apply for the modification of registration or deregistration of the right to use sea areas when the land use right is initially registered after the completion of the land reclamation project.

  Article 34 If the land price, the premium for the use of sea areas and taxes shall be paid in accordance with the law, relevant payment certificates shall also be provided.

  Chapter Six Supplementary Provisions 

  Article 35 The registration procedures of supporting facilities not provided herein shall be carried out in accordance with the relevant provisions of Chapter Five of the Management Regulations of Shenzhen Municipal Government on Investment Construction Projects Permit.

  Article 36 "Key areas and important stages" of the construction projects as stated herein are:

  (1) projects located in Futian Central Area, Xiangmihu Area, the?Qianhai Shenzhen-Hong Kong?Modern Service Industry?Cooperation Zone, Houhai Central Area, Shenzhen Bay Super Headquarters Area, Shennan Avenue and Binhai Avenue with construction area not less than 20, 000 square meters;

  (2) non-residential projects located in Airport New City, Liuxiandong Headquarters Base, Bao’an Center, Longgang Dayun New City, Shenzhen North Railway Station and neighboring area, Guangming Phoenix City, Pingshan Central Area with building area of not less than 50,000 square meters;

  (3) projects along the coastline of the eastern coast.

  Article 37 The Measures herein shall come into effect on August 1, 2018.