522.Rules of Shenzhen Municipality on the Construction Administration of MTR Projects深圳市轨道交通项目建设管理规定

　　深圳市轨道交通项目建设管理规定

　　Rules of Shenzhen Municipality on the Construction Administration of MTR Projects

　　Chapter One General Provisions

　　Article 1 These Rules are enacted in light of the reality of Shenzhen Municipality for the purposes of facilitating urban rail transit construction, standardizing the management and approval of rail transit planning and construction, and ensuring the smooth progress of rail transit construction.

　　Article 2 These Rules shall apply to the construction management of rail transit projects invested by the municipal government within the administrative area of the Shenzhen Municipality.

　　The rail transit projects referred to in these Rules include metro, light rail, urban rapid transit, monorail system, magnetic levitation system, automatic guided rail system and the corresponding auxiliary projects.

　　The auxiliary projects referred to in these Rules include the rail transit complex, network operation control center, underground space and other projects that have been deliberated on and decided by the municipal government to be included in the scope of rail transit projects for simultaneous implementation.

　　Article 3 The construction management of rail transit projects shall follow the principles of ensuring performance of responsibilities of relevant entities, strengthening departmental responsibilities, comprehensively controlling the process, fully sharing information and putting people first to ensure safety and reliability, reasonable functions, affordability, energy-conservation and environmentally-friendliness, as well as intensive use.

　　Article 4 The competent rail transitauthority shall be responsible for making overall planning and coordination for the rail transit network plans and immediate construction plans of the whole Shenzhen Municipality, coordinating the design, construction, operation, comprehensive development as well as investment and financing of rail transit projects and their auxiliary projects, formulating annual plans and leading the organization and implementation of such plans, organizing project feasibility studies, social stability risk assessment, preliminary design review and initial operational safety assessment, supervising and inspecting rail transit construction work, and making overall planning and coordination for the construction approval progress of rail transit projects.

　　The municipal development and reform, planning and natural resources, housing and urban-rural development, ecology and environment, water, transport, urban management, public security, emergency management and other government departments shall do the construction management and review work of rail transit projects well according to their respective functions and responsibilities.

　　The people’s government of each district (including the management authority of each new district, the same below) shall do the work related to the construction of rail transit projects well according to their respective authority of office.

　　Article 5 Onlineexamination and approval shall be implemented for rail transit projects through the investment project online approval and supervision platform and its sub-platform (engineering construction project management system, hereinafter referred to as the “Online Platform”). The Online Platform shall set up a single module for approval of rail transit project submissions and establish an information database to achieve network-wide approval and information sharing.

　　Unless otherwise provided by laws and regulations and except for the State Council’s decisions and the new devolution delegated by superior departments, no examination and approval department shall adjust the items for construction approval of rail transit projects.

　　Article 6 Eachdepartment shall use the “Multi-Planning Integration” Information Platform (hereinafter referred to as “Multi-Planning Platform”) to strengthen business synergy and support the project technical demonstration and pre-planning generation to ensure the progress of rail transit projects.

　　Article 7 Developers shall fulfill the principal responsibility for construction project management, take responsibility for the organization of the preliminary work, design, construction application, construction, acceptance and other work, develop plans in a scientific manner, optimize project management and declare project approval information in a timely manner to ensure the authenticity, integrity and legitimacy of project information.

　　Developers and participating units shall implement the applicable laws and regulations as well as requirements of technical specifications and shall implement lifelong accountability for project quality.

　　Article 8 The competent rail transit authority shall carry out annual assessment of the application, administrative approval and other relevant matters of a rail transit project and issue an assessment report for the previous year in the first quarter of each year.

　　Chapter Two Project Establishment and Preliminary Work

　　Article 9 The municipal development and reform as well as planning and natural resources departments shall prepare the immediate construction plan and environmental impact assessment of planning of rail transit projects based on the territorial space planning and urban rail transit network planning and submit the results for approval according to the applicable State regulations. The official written approval to the immediate construction plan issued by the National Development and Reform Commission of the State Council shall be used as the project establishment document. Developers shall apply to the Development and Reform Commission of Shenzhen Municipality for project registration and code assignment according to the official written approval to the immediate construction plan issued by the National Development and Reform Commission of the State Council.

　　Preliminary research and demonstration shall be carried out for rail transit projects beyond the scope of the immediate construction plan in accordance with the applicable provisions generated by the government investment construction project planning, and project proposals shall be formulated. However, for the rail transit projects approved by the municipal government, the developers may apply to the Development and Reform Commission of Shenzhen Municipality for project registration and code assignment with the minutes of the executive meeting of the Municipal Government as the project establishment document.

　　Based on the characteristics of rail transit projects, a development interface shall be reserved in the Online Platform construction application or approval module. The municipal planning and natural resources department shall set up additional branch codes during the planning and approval of the worksites (stations, intervals, field sections, main offices, etc.) of rail transit projects.

　　Article 10 Theupfront expenses shall be included in the annual government investment plan for the preparation and study of the immediate rail transit construction plan, the preparation and evaluation of feasibility studies and budget estimates for rail transit projects, environmental impact assessment, social stability assessment, surveys, consulting and related project studies.

　　The budget of the municipal planning and natural resources department shall arrange for the costs needed for preparing a detailed plan for the rail transit network and a detailed plan for the integrated transport hub (hereinafter collectively referred to as the “Detailed Plans”).

　　Article 11 The municipalplanning and natural resources department shall prepare the Detailed Plans while preparing the immediate construction plans for rail transit projects. While preparing the Detailed Plans, the municipal planning and natural resources department shall seek the views of rail transit, water and other relevant departments as well as relevant district governments, and shall submit the plans to the Development Strategy Committee of the Urban Planning Board of Shenzhen for approval after soliciting opinions from the public. The Development Strategy Committee of the Urban Planning Board of Shenzhen shall, in principle, review and reply to the detailed route plans within 40 working days after the approval of the immediate construction plans.

　　Regarding rail transit projects deliberated upon and decided by the municipal government, the municipal planning and natural resources department shall carry out the preparation of the Detailed Plans upon the decision made by the municipal government based on deliberation and solicit opinions and shall submit the completed Detailed Plans after public announcement to the Development Strategy Committee of the Urban Planning Board of Shenzhen for review and approval.

　　Where a rail transit project does not conform to the statutory plan or is located in an area not covered by the statutory plan, the municipal planning and natural resources department shall carry out the pre-screening and site selection, land use planning permit, engineering planning permit and other permit approval work based on the Detailed Plans.

　　Article 12 The competent rail transit authority shall organize the preparation of project feasibility study reports and social stability risk analysis and assessment reports after the reply to the immediate construction plans or within 90 working days after project establishment, and shall seek the views of the relevant district governments while preparing social stability risk analysis and assessment reports; for projects that require separate energy conservation examination of fixed-asset investment projects, preparation of the energy conservation report of fixed-asset investment projects shall be completed.

　　The competent rail transit authority shall simultaneously submit social stability risk analysis and assessment reports to the municipal transport department for approval while submitting project feasibility study reports and energy conservation reports of fixed-asset investment projects to the Development and Reform Commission of Shenzhen Municipality for approval. The municipal transport department shall issue stability risk assessment opinions within 15 working days.

　　Article 13 Thecompetent rail transit authority shall organize to upload the application information of rail transit projects to the Multi-Planning Platform to solicit opinions from all relevant departments. The municipal planning and natural resources department shall issue position papers on project land pre-examination and site selection or the preliminary spatial demonstration results on the Multi-Planning Platform with reference to the applicable provisions on the investment project planning and generation management of government investment projects in Shenzhen Municipality and in conjunction with the solicited opinions.

　　The Development and Reform Commission of Shenzhen Municipality shall provide official written replies (excluding technical review) to project feasibility study reports and energy conservation reports or issue review opinions on project feasibility study reports based on the position papers on project land pre-examination and site selection or the preliminary spatial demonstration results, social stability risk assessment opinions, energy conservation reports of fixed-asset investment projects and applicable provisions.

　　Where the aspects of urban rail transit lines such as the function positioning, basic direction and system working mode have undergone major changes due to changes in such factors as urban planning, engineering conditions and transportation hub design, or line mileage, underground line length, direct engineering investment (allowing for price rises) and other aspects have increased compared to the construction plans by a percentage higher than that specified in the applicable State provisions, the competent rail transit authority shall study the adjustments, which shall be submitted to the National Development and Reform Commission of the State Council for review and approval after approval by the Development and Reform Commission of Shenzhen Municipality.

　　Article 14 After an official written reply is given to the immediate construction plan or the municipal government has made a decision after deliberation, the developer shall carry out public disclosure of the environmental impact assessment and public participation in the survey, prepare the environmental impact assessment report, and submit it to the ecology and environment department. The ecology and environment department shall complete the technical review within 20 working days after acceptance of the report. The developer shall revise and improve the environmental impact assessment report based on the review opinions within 20 working days. The ecology and environment department shall complete the examination and approval process within 30 working days from the date of receipt of environmental impact assessment report revised and improved by the developer.

　　Where a rail transit project goes through or occupies a secondary water source protection area or a quasi-water source protection area, the developer shall organize the uniqueness demonstration study in accordance with law, submit the results to the competent rail transit authority as well as the ecology and environment department. After receiving the uniqueness demonstration report from the developer, the competent rail transit authority shall review and issue opinions on the uniqueness demonstration results within 20 working days.

　　The developer shall complete the examination and approval process or filing of the environmental impact assessment report before the start of construction of the project.

　　Article 15 Wherechanges have occurred in vehicle model selection or classification, number of stations, laying method, line position adjustment, vehicle base location selection and underground space, involving adjustments in the Detailed Plans, due to such factors asurban planning, engineering conditions, traffic hub layout and underground space development, the preparation department of the Detailed Plans shall complete the adjustments in the corresponding Detailed Plans within 40 working days following the decision made by the municipal government after deliberation. Adjustments of the Detailed Plans shall be made in accordance with the formulation procedures.

　　Chapter Three Site Selection and Land Use Planning Permit

　　Article 16 Aftercompletion of the project feasibility study report, the developer shall complete the preliminary design work within 120 working days and apply to the competent rail transit authority for the preliminary design expert review and government review, where the government review shall be carried out by the competent rail transit authority in conjunction with the relevant administrative approval departments. The expert review meeting and government review meeting shall be completed within 20 working days after acceptance. The developer shall complete the report on the implementation of the expert review opinions and government review opinions within 20 working days and submit the report to the competent rail transit authority. The competent rail transit authority shall give an official written approval on the preliminary design based on the expert review opinions and government review opinions.

　　After completing the report on the implementation of the expert review opinions and government review opinions on the preliminary design, the developer may submit additional position papers on project land pre-examination and site selection for the worksites (stations, intervals, field sections, main offices, etc.). The municipal planning and natural resources department and its agencies shall handle such procedures as the official written approval to the position paper on project land pre-examination and site selection and land use planning permit (or key points of planning and design) of each worksite in proper order within 25 working days after acceptance.

　　For any worksite that occupies the surrounding land rights, the municipal planning and natural resources department may approve and issue a position paper on project land pre-examination and site selection, which shall be used as the basis for land preparation.

　　Where it is unable to apply for the land use planning permit due to reasons involving land preparation, land approval as well as examination and approval of the authority of office at the national and provincial levels, the municipal planning and natural resources department shall first issue the key points of planning and design after consulting the opinions of relevant competent authorities of the Shenzhen Municipality. The developer shall complete relevant administrative examination and approval procedures such as land use approval and land use planning permission before applying for the permit for construction of main structures.

　　The position paper on land pre-examination and site selection shall be used as a document to prove the use of land. The municipal planning and natural resources department and its agencies may issue the planning permit for construction land use (or key points of planning and design) based on the position paper on land pre-examination and site selection.

　　Article 17 Wherearail transit project is inconsistent with the urban master plan or the master plan for land utilization, consistency shall be maintained in accordance with the applicable provisions.

　　Where site selection involves the green space of non-construction land and the function of urban green space can be restored through regreening measures on the ground or cover, the municipal planning and natural resources department shall first apply for the position paper on land pre-examination and site selection and land use planning permit. The developer shall apply for temporary land in the scope of construction and develop urban regreening program for approval. The developer shall regreen the respective areas according to the approved plan.

　　Article 18 Wheresite selection needs to occupy the basic ecological control line, if not involving above-ground development, the municipal planning and natural resources department shall handle the planning and land use approval procedures within 5 working days after public disclosure in accordance with the applicable requirements for managing the basic ecological control line.

　　If above-ground development is involved, the municipal planning and natural resources department may first handle the approval procedures for rail transit project plan and land use after public disclosure of the rail transit part in accordance with the applicable requirements for managing the basic ecological control line and then handle the planning and land use approval procedures for the above-ground development part following the synchronous adjustment of the basic ecological control line as required.

　　Article 19 Whereforest land is occupied, the developer shall apply for inclusion in the forest land annual use plan and apply to the competent forestry department in the administrative area for occupation procedures based on such documents as the project establishment document as well as position paper on land pre-examination and site selection.

　　Where such an application falls within the district-level approval authority, the competent forestry department of the respective district government shall complete the review within 15 working days and shall issue the “Consent for Temporary Use of Forest Land” within 3 working days after the developer pays the forest vegetation recovery fee.

　　Where such an application falls within the municipal-level approval authority, the competent forestry department of the respective district government shall complete the preliminary review and submit the application to the competent municipal forestry department within 5 working days. The competent municipal forestry department shall complete the review on the use of forest land for construction projects within 15 working days and issue the “Consent for Use of Forest Land” or “Consent for Temporary Use of Forest Land” within 3 working days after the developer pays the forest vegetation recovery fee.

　　Where such an application falls within the State-level approval authority, the competent forestry department of the respective district government shall complete the preliminary review and submit the application to the competent municipal forestry department within 5 working days. The competent municipal forestry department shall complete the review on the use of forest land for construction projects within 15 working days and submit the application to the competent provincial forestry department for examination and approval, which will be submitted to the competent State forestry department for examination and approval according to procedures.

　　The developer shall submit to the competent district forestry department the quota plan for occupation of forest land for the following year before the end of each year.

　　Article 20 Therail transit land use plan shall be incorporated into the annual construction land supply plan, which shall be submitted to the municipal government for approval.

　　Chapter Four Planning Permission for Construction Project

　　Article 21 After the developer completes the government review of the preliminary design, the municipal planning and natural resources department and its agencies shall issue the planning permit for construction project within 10 working days after the acceptance based on the position paper on land pre-examination and site selection, the land use planning permit (key points for planning and design) and the approved preliminary design documents.

　　Where it is unable to apply for the planning permit for construction project due to reasons involving land preparation as well as examination and approval of the authority of office at the national and provincial levels, the municipal planning and natural resources department shall first issue opinions on the review of construction project plan as the basis of the construction permit, and the developer shall complete relevant administrative examination and approval procedures before the start of construction of main structures .

　　Article 22 While applying for the planning permit for construction project, the developer shall handle the relevant examination and approval procedures for matters requiring approval such as those involving national security, track safety, water and heritage protection.

　　The municipal planning and natural resources department and its agencies shall provide consolidated handling of the permanent intersection approval and municipal pipeline interface approval for field sections and main offices and shall issue the relevant documents, respectively.

　　Article 23 Thecompetent civil air defense department shall put forward construction requirements for civil air defense projects during the government review of the preliminary design of rail transit.

　　Article 24 Thedeveloper shall carry out preliminary design, construction drawing design as well as design of soil and water conservation measures in accordance with the applicable standards.

　　As regards the review and approval items of such plans as the soil and water conservation plans, flood impact assessment, project construction plans within the scope of water projects, project construction plans for the development and utilization of tidal flats in the Pearl River estuary (without crossing municipal administrative divisions) as well as the plans for relocation and movement of urban drainage and sewage treatment facilities, advice of the competent water authority on the relevant content shall be sought in the project feasibility study approval stage. The developer shall apply to the competent water authority for approval after completing the expert review of the preliminary design in accordance with the provisions of Article 16 of these Rules.

　　Where rail transit involves river channels during the planning, design and construction, the relevant technical requirements for river management, flood control evaluation, river-related regulations and other aspects shall be taken into full consideration. However, where the vertical distance between the rail transit structure and the riverbed (closed box culvert structure or reinforced concrete structure, or closed box culvert structure or reinforced concrete structure after transformation) due to urban planning, turning radius, geological conditions, project construction environment and other objective factors, the developer shall organize and carry out the uniqueness and safety demonstration study and shall submit the river, water-related project construction plans to the competent municipal and district water departments for examination and approval respectively according to approval authority after passing the expert review.  

　　The developer shall take protective measures, set up safety monitoring facilities, and strengthen quality and safety supervision during the design, construction and operation phases to ensure the safety of the engineering facilities of river-related construction projects as well as river buildings and facilities; where damage is caused to river buildings and facilities due to river-related construction, the damaged part shall be restored to its original state within the prescribed time limit and shall not affect the normal operation, maintenance and management of the river channels.

　　Where there is a need to discharge water to urban drainage facilities during construction, the developer shall apply to the competent water authority for the permit to discharge sewage into municipal pipe network. The competent water authority shall complete the approval process within 12 working dates after acceptance. For auxiliary projects characterized by concentrated water use sites, the developer shall build water use and water-conservation facilities in accordance with the technical requirements for water conservation.

　　During project implementation, the developer shall implement good flood control security measures and cooperate with the work of the water project operating unit such as daily maintenance, dredging and remediation. The developer shall actively support the construction of water projects and reserve the conditions for subsequent river transformation as far as possible.

　　Article 25 Where a project involving municipalpipelines that belongs to a temporary relocation project, the developer shall organize the preparation of construction drawing design for temporary relocation and seek the opinions of the pipeline owner (operator). The pipeline owner (operator) shall give a reply within 15 working days; where the opinions are divided, the developer shall report the situation to the competent rail transit authority for coordination and organize implementation after an agreement is reached.

　　Where a project involving municipal pipelines belongs to a permanent relocation project, the municipal planning and natural resources department and its agencies shall verify the design proposal submitted by the developer and shall issue the review opinion on the design proposal within 10 working days. After obtaining the review opinion on the design proposal, the developer shall apply for the planning permission for the municipal pipeline construction project within 10 working days. The municipal planning and natural resources department and its agencies shall issue the planning permit for construction project within 15 working days.

　　Where a permanent relocation project involves planning adjustments, the competent rail transit authority shall coordinate a clear plan. The developer shall apply for the design proposal verification procedures and the procedures for the planning permission for the municipal pipeline construction project in accordance with the provisions specified in the preceding paragraph. The municipal planning and natural resources department and its agencies shall issue review opinions on construction project planning within 15 working days. After completing the planning adjustment procedures, the municipal planning and natural resources department shall improve planning procedures and issue the planning permit for construction project.

　　Article 26 Thedeveloper shall submit the budget estimates within one year after the approval of the feasibility study report. After the project budget estimates are accepted, the Development and Reform Commission of Shenzhen Municipality shall give an official written approval within 8 working days (excluding technical review).

　　The emergency projects approved at the standing committee sessions of the Municipal Party Committee and executive meetings of the municipal government shall be handled with reference to emergency rescue and disaster relief projects.

　　Chapter Five Construction Permit

　　Article 27 After the completion of the preliminary design of a rail transit project, the developer may carry out the project bidding work in accordance with the applicable procedures.

　　The developer shall be responsible for the bidding of a rail transit project. The competent rail transit authority shall provide guidance and strengthen supervision.

　　Article 28 The rail transit land preparation work shall be organized and implemented by each district government, and the municipal planning and natural resources department shall be responsible for incorporating the annual rail transit land preparation into the annual plan of urban renewal and land preparation. New construction lines that are not included in the annual plan shall be transferred and incorporated into the annual plan upon application by each district government during the period of mid-term adjustment of the annual plan.

　　The house expropriation fees for rail transit projects shall include compensation for house expropriation, compensation for land occupation for temporary construction, demolition, restoration and resettlement project costs, mapping and evaluation costs, contingencies, economic relief caused by rail construction and work expenses. Each district government shall be responsible for the use, supervision as well as audit and settlement of funds for rail transit house expropriation.

　　The developer shall finish doing the basic work such as thorough investigation of the ownership according to the land preparation work plan first, prepare the atlas of the scope of project land expropriation and demolition, temporary land occupation plan for construction and land preparation funding requirements three months before the preparation of the annual land preparation plan, and provide relevant materials to each district government after submitting such materials to and gaining approval from the competent rail transit authority; for new construction lines that are not included in the annual land preparation plan, the developer shall complete the abovementioned work three months before the start of construction.

　　Where project construction needs to temporarily occupy the land owned by others or land with problems carried over from expropriation or transfer, each district government shall organize the developer to enter the construction site to carry out construction in accordance with law and shall take care of the restoration and resettlement.

　　Article 29 The construction permit shall be applied for by the developer in stages; the construction permit for a civil construction project shall be applied for according to work sites or work areas; the construction permit for a post-station project shall be applied for according to specialty. The municipal housing and urban-rural development department shall complete the examination and approval process within three working days:

　　1. During the construction phase of the enclosure structure (including pile foundation, pit support, earthwork and other foundation works), the developer shall complete the design of corresponding construction drawings within 60 working days after completion of the preliminary design review. The municipal housing and urban-rural development department shall issue the construction permit based on such materials as the position paper on project land pre-examination and site selection, key pages of the construction contract and the supervision contract, safety production commitment and letter of commitment to lifelong accountability for construction project quality.

　　2. During the construction phase of the permanent relocation of municipal pipelines, the developer shall complete the design of the corresponding construction drawings within 60 working days after completion of the preliminary design review. The municipal housing and urban-rural development department shall issue the construction permit based on the proposal verification opinions or planning permit for construction project, the construction contract and other documents.

　　3. During the construction phase of the main structure, the developer shall complete the design of the construction and structural working drawings of the main structure and submit the design proposal of the technical safety protection system to the public security authority for examination and approval within 120 working days after obtaining the planning permit for construction project. The municipal housing and urban-rural development department shall issue the construction permit based on the position paper on project land pre-examination and site selection, the planning permit for construction project, the construction contract and other documents.

　　4. During the construction phase of the post-station projects (ancillary works, decoration, installation of conventional equipment, installation of system equipment and track construction), the municipal housing and urban-rural development department shall issue the construction permit based on the position paper on project land pre-examination and site selection, the project planning permit, the construction contract and other documents.

　　The issuance of construction permits can be done in batches according to the progress of land preparation, and construction permit shall be issued for the part with land preparation completed.

　　The developer shall apply for the various types of mandatory permits or approval documents required by laws and regulations in a timely manner. Those that cannot be completed due to objective reasons such as the authority of office at the national or provincial levels shall be completed before the start of construction of the main structure. Where any matter needs to be submitted to the State or provincial governments for approval, the respective municipal department shall take an initiative to coordinate with the superior departments, and the developer shall actively assist.

　　Article 30 Thequality and safety supervision registration procedures and construction permit procedures of a rail transit construction project shall be handled together. Relevant documents such as proof of participation in employment injury insurance and labor wage allocation agreement shall be handled by the construction unit under the supervision of the developer and shall be verified by the developer, and such documents shall not be used as a pre-condition for quality and safety supervision.

　　The quality and safety supervision of water supply and drainage pipeline relocation and restoration projects as well as gas relocation and restoration projects shall be carried out by the municipal housing and urban-rural development department. The quality and safety supervision of electricity pipeline relocation and restoration projects as well as the main substation and other power transmission and transformation projects shall be carried out by the municipal power quality supervision department. The quality and safety supervision of communication pipeline relocation and restoration projects shall be carried out by the corresponding communication pipeline construction and supervision units according to the requirements of the owner under the organization of the developer.

　　Where relocation of traffic projects (including traffic facilities), bridge projects and road projects (including relief projects and tunnel projects) is involved, the developer shall report to the transportation department for quality and safety supervision procedures.

　　Regarding temporary traffic relief projects and bridge demolition projects, the developer shall submit the corresponding construction drawings as well as key pages of construction contracts and supervision contracts to the transportation department for the record. The developer shall be responsible for the quality, safety and maintenance management of the relocation projects, and the transportation department shall make sound overall planning and provide effective guidance.

　　Before the implementation of a rail transit project, the developer shall organize the participating units to conduct risk analysis of the surrounding buildings and facilities, assess the risk of the buildings and facilities shown to have an impact by the analysis, and develop emergency response measures.

　　Article 31 Where there is a need to occupy excavated roads, open temporary intersections, cross road erections or add extra pipeline facilities, the developer shall prepare a traffic organization plan and simultaneously submit the plan through the Online Platform to the transport and traffic police departments, which shall handle the procedures from the perspectives of property rights management and traffic order management, respectively, and issue a unified certificate, and the examination and approval process shall be completed within 12 working days.

　　The developer shall work in collaboration with the municipal traffic police department to allocate traffic coordinators according to the construction needs. The number and cost standards of traffic coordinators shall be submitted to the competent rail transit authority for examination and approval, and the relevant costs shall be incorporated into the rail transit relief project estimates.

　　Article 32 Where the greening trees of urban management departments are involved, the developer shall apply to the municipal or district urban management department for approval procedures for occupation of urban green space as well as felling and relocation of urban trees, and the municipal or district urban management department shall issue approval opinion within 10 working days after acceptance of the application. Urban management departments shall be responsible for the supervision and guidance of the relocation of greening trees and shall work in collaboration with the municipal planning and natural resources department to provide a list of planting sites to meet the relocation conditions. After relocation, the developer shall be responsible for the maintenance of the relocated greening tress for 90 days before transferring them to the receiving department. The cost shall be included into the rail transit greening relocation cost.

　　Where a park is built on the cover and ground of a vehicle base, the developer shall be responsible for establishing the project, implement the project design plan upon approval by the municipal administration department, and transfer the project to the municipal administration department after completion acceptance and 90 days of maintenance; where there is a need to improve the standard of construction or develop the project into a theme park, the municipal administration department shall be responsible for project establishment and implementation upon approval by the municipal government.

　　Where the greening relocation process involves relocation (or restoration) of the ancillary facilities, ornaments and greening trees of a park and other state-owned property owners, the developer shall sign an agreement with the park management authority and the property owners and organize the relocation (or restoration). The relevant costs shall be included in the greening relocation (or restoration) costs. Where there is a need for asset write-off, the park management authority, property owners and the developer shall write off the assets.

　　Greening trees that are privately owned or on private land can be compensated through monetary compensation and restoration according to the original standards. The relocation and restoration costs shall be included into the rail transit land preparation or relocation costs, and the developer shall be responsible for implementation.

　　Article 33 Thedeveloper shall handle the approval procedures in accordance with the applicable provisions after selecting the site for the temporary land according to the project needs and obtaining the consent of relevant units on the use of such site. For temporary construction land involving permanent boundary line of roads, the examination and approval procedures for occupation and excavation of roads shall be handled according to provisions, and temporary land use procedures are no longer needed.

　　The competent rail transit authority shall complete the review of the temporary land use proposal within 10 working days. The competent temporary land use department of each district government shall complete verification of the land use plan within 5 working days. Where the land use plan is in line with the applicable provisions, the competent temporary land use department of each district government shall complete the approval of temporary land use procedures within 10 working days.

　　The developer shall complete the demolition, restoration, reconstruction and transfer of the temporary facilities within the temporary land use period after completing the project completion acceptance.

　　Chapter Six Perfection of Planning Permission Procedures and Land Supply

　　Article 34 Where the project implementation plangoes beyond the site range of the original plan but does not involve adjustments of the Detailed Plans due to such reasons as changes in planning conditions, objective constraints, land acquisition and relocation difficulties and inability to complete the land preparation procedures during the civil construction process of a rail transit project, the developer shall organize the demonstration and re-apply for the position paper on project land pre-examination and site selection, land use planning permit and project planning permit in accordance with these Rules. Where adjustments of the Detailed Plans are involved, the Detailed Plans shall be adjusted in accordance with these Rules.

　　Article 35 Therail transit land can be supplied through allocation or by agreement.

　　Where the land owned by others as well as land with problems carried over from expropriation or transfer are not involved, the relevant land approval work shall be initiated promptly. After completion of the land approval, the land use rights transfer contract shall be signed, or the decision on allocation shall be issued. Where the land owned by others as well as land with problems carried over from expropriation or transfer are involved, the relevant land approval work shall be initiated after completion of the land preparation work. After completion of land approval, the land use rights transfer contract shall be signed, or the decision on allocation shall be issued.

　　Article 36 Themunicipal planning and natural resources department shall put forward planning function utilization requirements where the open-cut method needs to be used for underground space development while preparing the Detailed Plans of rail transit. The developer shall prepare the underground space plan according to the Detailed Plans while preparing the project feasibility study report to clarify the specific requirements for underground space development, submit the plan to the municipal planning and natural resources department and its agencies for review, and implement it upon approval. Where the underground space plan involves adjustments of the Detailed Plans, the Detailed Plans, shall also be adjusted in accordance with these Rules.

　　Where the competent rail transit authority deems it necessary to use the open-cut method to develop the underground space not specified in the Detailed Plans, it shall propose to use the open cut method to form the construction scale and function of the underground space and submit the proposal to the municipal government for deliberation after consulting the opinions of the municipal planning and natural resources department and the government of the respective administrative area. After deliberation and decision by the municipal government, the preparation department of the Detailed Plans shall complete the adjustments of the corresponding Detailed Plans, within 40 working days.

　　For an underground space project implemented simultaneously with a track project, the municipal planning and natural resources department shall organize the preparation of underground space-related plans and submit such plans to the municipal government for approval.

　　An underground space project implemented simultaneously with a track project shall be separately established as a project in accordance with the applicable provisions. The developer may simultaneously handle the relevant approval procedures.

　　Chapter Seven Acceptance

　　Article 37 Theacceptance of rail transit projects is divided into engineering acceptance and project acceptance, which shall be handled by the developer in accordance with provisions.

　　Article 38 The engineering acceptance encompasses the engineering completion acceptance as well as acceptance of special engineering works including fire control, special equipment as well as health and epidemic prevention.

　　After the developer submits an application to each competent department for acceptance of special engineering works, each competent department shall set up an acceptance agency to develop an acceptance implementation plan and shall implement joint acceptance or acceptance of subdivisional work according to the needs of the developer. Where acceptance of subdivisional work is adopted, each competent department for the acceptance of special engineering works shall carry out acceptance separately.

　　After the engineering acceptance, the developer shall organize the preparation of the engineering settlement and submit it to the competent departments for audit. The developer shall not delay the project settlement or default on project payments on the grounds that the audit has not been completed.

　　Article 39 Before the completion of engineering acceptance, the developer shall organize the participating units to carry out special acceptance of the construction project archives, form special acceptance reports on the construction project archives, and submit such reports to the urban construction archives management agency for the record within 10 working days. The developer shall establish and improve the archives management system and take responsibility for supervising and guiding the project archives management work, while the participating units shall designate a person to be responsible for the collection, arrangement, filing and storage of the project archives.

　　After the engineering completion acceptance, the participating units shall transfer the project archives to the developer within 6 months. The developer shall be responsible for developing the transfer plan in accordance with the applicable provisions and shall transfer the construction project archives to the urban construction archives management agency in batches.

　　Article 40 The trial operation period of a rail transit project shall be no less than 3 months after the system alignment test, and the key indicators shall meet the requirements. After the acceptance of special engineering works and completion acceptance according to provisions, the developer shall apply to the competent rail transit authority for safety assessment before initial operation.

　　After passing the safety assessment before initial operation and making rectification in accordance with the assessment opinions, the competent rail transit authority shall report the assessment to the municipal government and apply for initial operation procedures within 10 working days from the date on which the third-party safety assessment agency issues the report on safety assessment before initial operation. The rail transit project shall be put into initial operation according to the announced time after approval by the municipal government.

　　Where the initial operation period of a rail transit project has been one year, the operating unit shall submit the initial operation report to the competent rail transit authority, which shall organize the safety assessment before official operation. Only when the safety assessment has been passed during the initial operation period and projects completed with outstanding deliverables have passed the acceptance in accordance with provisions and have been put into use after passing the safety assessment or have performed design change procedures can the official operation procedures be handled in accordance with law.     

　　Article 41 Project acceptance refers to the comprehensive inspection and acceptance of the aspects of a rail transit project such as feasibility study report, preliminary design and implementation of budget estimates, engineering acceptance implementation and rectification, engineering settlement, final accounts of the completed project and project trial operation.

　　The unit designated by the municipal government shall be responsible for making overall planning and coordination for the acceptance of a rail transit project and shall be responsible for the preparation and organized implementation of the project acceptance plan.

　　Project acceptance shall be applied for by the developer to the unit designated by the municipal government, which shall take the lead in the development of the acceptance implementation plan. The municipal development and reform, planning and natural resources, housing and urban-rural development, water, fire control and rail operation and other competent industry departments shall cooperate in carrying out joint acceptance according to the acceptance implementation plan developed by the unit designated by the municipal government, and the acceptance shall be completed within 45 working days from the date of the receipt of the application for acceptance by the developer.

　　Article 42 Thedeveloper shall establish a dedicated acceptance organization, equip it with full-time staff, and allocate funds for acceptance and safety assessment work, and timely rectify the problems identified in various acceptance work.

　　Article 43 Unified authorization, unified surveying and mapping and results sharing shall be implemented foracceptancemeasurement work, and the acceptance measurement data shall be included in the Online Platform. Surveying and mapping results shall meet the requirements for completion acceptance and real estate registration.

　　Article 44 After aconstruction project obtains the land ownership certificate, construction project planning acceptance certificate, completion acceptance certificate as well as completion surveying and mapping report, an application can be submitted to the real estate registration agency for real estate registration. The real estate registration certificate shall be used as a proof of approval completion of construction projects on the Online Platform.

　　Chapter Eight Supplementary Provisions

　　Article 45 The “integrated transport hub” in these Rules refers to an integrated transport hub with two or more modes of transportation and rail transit function.

　　The “decision made by the municipal government after deliberation” refers to a decision deliberated upon and approved at an executive meeting of the municipal government.

　　The “enclosure structure”, “pile foundation”, “pit support”, “entrance and exit”, “pavilion”, “cooling tower”, “post-station project”, “ornaments”, “ancillary facilities”, “accessory structure” and other terms referred to in these Regulations are of the same meanings as those in China’s relevant construction project management regulations and standards.

　　Article 46 The industry technical specifications formulated byeach competent administrative department of the Shenzhen Municipality shall comply with national laws and regulations and the mandatory requirements of industry specifications.

　　Article 47 The railway and intercity rail transit projects as well as small volume rail transit projects delegated by the State and provincial governments to the Shenzhen Municipality for investment, construction, approval and management shall be implemented with reference to these Rules.

　　Article 48 These Rules shall enter into force on March 1, 2021.