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Decision of Shenzhen Municipal People's Government on Adjustment of Administrative Authority over Planning and Natural Resources深圳市人民政府关于规划和自然资源行政职权调整的决定

来源: 日期:2023-01-03 字号:[]

  for the purpose of optimizing the Shenzhen Municipality's allocation of administrative authority over planning and natural resources, upon deliberation, Shenzhen Municipal People's Government hereby decides:

  I. The examination and approval authority for the implementation plan on the conversion of the use of agricultural land originally exercised by the Shenzhen Municipal People's Government shall be moved to the district government (including the administrative agencies of the new districts, the same below), except for the conversion of the use of agricultural land and unused land of a construction project in which site is separately selected by the State or provincial government.

  II. The land supply schemes under the following circumstances shall be reviewed by the municipal planning and natural resources department and then submitted to the municipal people's government for examination and approval:

  (1) Land for residential use (excluding land for residential use transferred by methods of urban renewal and shantytown renovation);

  (2) Land used for capital contribution after evaluation;

  (3) Land used for municipal investment and municipal construction projects;

  (4) Houses for innovative industries and land used for scientific research projects that are supplied by means of allocation or agreement for rent only and not for sale;

  (5) Land that has not completed the compensation procedures for land requisition (conversion) and land circulation plan;

  (6) Land for replacement;

  (7) Land reserved for use, land returned after land requisition and land for resettlement housing which occupies 3,000 square meters or more of state-owned reserve land.

  Except the circumstances set forth in the preceding section, land supply schemes shall be examined and approved by the district government. The municipal planning and natural resources department shall gather the information of examination and approval from all district governments and submit it to the municipal people's government every six months.

  III. District governments and their functional departments shall be responsible for the post-approval supervision over the construction land examined and approved by the municipal and district governments within their respective jurisdictions, which specifically includes:

  (1) Management of commencement and completion of construction on land for construction;

  (2) Investigation, identification and disposal of idle land;

  (3) Collection of land premium and interest, and overdue fine;

  (4) Dynamic monitoring and supervision over land;

  (5) Other matters decided by the municipal people's government.

  IV. The following powers shall be exercised by district governments and their functional departments:

  (1) Examination and approval of land for temporary use and temporary buildings (including the issuance of permits for planned use of temporary land, conclusion of contracts regarding land for temporary use, management of land reclamation, and the issuance of planning permit for temporary construction project, etc.);

  (2) Adjudicating on disputes over the scope of exploration area and mining area between the exploration right holders and the mining right holders.

  V. District governments and their functional departments shall specifically handle matters concerning administrative reconsideration, litigation, petition, and information disclosure within their functions and powers, and bear the corresponding administrative responsibilities. If a matter is an entrusted matter, the entrusting party shall cooperate with the entrusted party to carry out the administrative reconsideration, litigation, and other work.

  VI. Dispatched offices of the municipal planning and natural resources department shall exercise, in their own names and within their respective jurisdictions, such administrative management functions as administrative licensing and administrative confirmation for national land and space planning, land, ocean, fishery, forestry, surveying and mapping, place name, geological environment and mineral resources, as well as administrative enforcement powers including but not limited to administrative penalty and administrative inspection on surveying and mapping, place names, geological environment and mineral resources, which are assumed by planning and natural resources departments.

  VII. The municipal planning and natural resources department shall intensify the business guidance and training for the undertaking departments, and shall closely track the implementation of the adjustments, and strengthen the supervision over the adjustment items by daily inspection, random inspection and other means.

  The municipal planning and natural resources department shall be in charge of engraving the special seals for business and legal affairs, which shall be kept and used by the departments designated by district governments. The management measures for use of the special seal for business and the special seal for legal affairs shall be formulated separately by the municipal planning and natural resources department.

  VIII. With regard to the adjustments involved in this Decision, if they fall into the scope of entrusted matters, an entrustment agreement shall be signed, the list of powers and responsibilities shall be improved, and they shall be announced to the public in a timely manner.

  IX. This Decision shall come into force on June 1, 2020. Decision of the Shenzhen Municipal People's Government on Deepening the Reform of Systems and Mechanisms of Planning and Land Resources (Order of the Shenzhen Municipal Peoples Government No.298) promulgated on August 12, 2017 shall be repealed simultaneously.


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