Circular of Printing and Issuing the Implementation Opinions of Further Optimizing the Business Environment and Strengthening the Development of the Municipal and District (Administrative Committee) Review and Approval Centers for Construction Projects ( 2021-05-06 )
H.J.S.G.[2021] No.1
The Shanghai Municipal Leading Group of the Reform Works of Review and Approval System for Construction Projects Circular of Printing and Issuing the Implementation Opinions of Further Optimizing the Business
Environment and Strengthening the Development of the Municipal and District (Administrative Committee)
Review and Approval Centers for Construction Projects
All District People’s Governments, Administration Commissions of special areas, all member departments of the Municipal Leading Group of the Reform Works of Review and Approval System for Construction Projects,all public utility companies:
The Implementation Opinions of Further Optimizing the Business Environment and Strengthening the Development of the Munici-pal and District (Administrative Committee) Review and Approval Centers for Construction Projects, as approved by the municipal govern-ment, is hereby issued to you for your conscientious implementation.
The Shanghai Municipal Leading Group of the Reform Works of Review and Approval System for Construction Projects
March 26, 2021
(This document is for public release.)
The Implementation Opinions of Further Optimizing the Business Environment and Strengthening the
Development of the Municipal and District (Administrative Committee) Review and Approval
Centers for Construction Projects
To follow the important principles of “The people’s city is developed by the people, the people’s city is for the people”,to keep the optimization of the business environment for construction permission, to deeply promote the integration of the resources for administrative review and approve, and to implement the one-stop service reform, pursuant to the requirements of Implementation Opinions of the General Office of the State Council on Full-Scale Launch of Reform of the System of Review and Approval of Construction Projects (G.B.F. [2019] No.1) and Regulations of Shanghai Municipality on Optimizing Doing Business Environment, with the goal of serving the enterprises and the people to " efficiently do their businesses", and on the basis of the practical exploration of the Review and Approval Center for Private Investment Projects citywide earlier, to further optimize the work requirements and operational mechanism of the Municipal and District (Administrative Committee) Review and Approval Centers for Construction Projects (hereinafter referred to as the "Review and Approval Center"). The specific implementation measures are now formulated as follows:
I.Overall requirements
In accordance with the concept of "Holistic Government", adhere to taking the people at the center, to meet the needs of the enterprises and the people for better experiences, in accordance with the requirements of "whole process, full coverage, all elements" , combined with the continuous development of Shanghai Construction Projects Review and Approval Management System (hereinafter referred to as the "Review and Approval Management System"), the review and approval mechanism shall be applicable to all types of administrative approval matters, approval-related intermediary service matters (government entrustment) and municipal public service matters of construction projects (new construction, alternation, expansion, decoration works) with private investment, state-owned enterprises investment, government investment and other types, for further accelerating the deep integration of online and offline processing, speeding up the promotion of the government service path of "one window at the front desk for materials acceptance and granting approvals, joint review and approval at the back of the stage”, to achieve the new review and approval model which "triggers the offline procedures by the online system, supervises the online procedures by the people offline”.
II.Organizational setting, functions, and key tasks of the Municipal Review and Approval Center
1. Organizational setting
The Municipal Approval and Review Center is composed of the member authorities of the Municipal Leading Group for the Reform of the Review and Approval System for Construction Projects (hereinafter referred to as the "Municipal Leading Group for the Construction Reform") and municipal public service agencies such as water supply and drainage, electricity, gas, and telecommunications. The director of the center is the deputy secretary-general of the municipal government. The standing deputy director is the deputy director in-charge of the Municipal Commission of Housing and Urban-rural Development. The directors (chief position at division level) of the divisions that coordinates the review and approval reform in the following the authorities are the deputy directors of the center: the Review and Approval Reform Office, the Municipal Commission of Housing and Urban-rural Development, the Municipal Development and Review Commission, the Municipal Bureau of Planning and Natural Resources, the Municipal Water Authority, the Municipal Transportation Commission, the Municipal Bureau of Landscaping and City Appearance, the Municipal Traffic Police Force, the Municipal Civil Defense Office, and the Municipal Health Commission. The secretary-general of the Center is the director of the Administrative Service Center of the Municipal Commission of Housing and Urban-rural Development. Other member agencies in the Municipal Leading Group for the Construction Reform are as the members of the Municipal Review and Approval Center and shall appoint a coordinator (division level) each for the coordination the relevant reform work in a unified manner.
The office of the Municipal Review and Approval Center is in the Administrative Service Center of the Municipal Commission of Housing and Urban-rural Development, and the daily specific work of the Municipal Review Approval Center shall be undertaken by the Administrative Service Center of the Municipal Commission of Housing and Urban-rural Development. Member agencies shall, in accordance with the unified arrangements of the Municipal Leading Group of Construction Reform, supervise and guide the implementation of the work of the Review and Approval Centers of each district (administrative committee) through regular meetings, collective meetings and special inspections, as required by the work, and cooperate to implement the joint supervisions and one-stop integrated final inspections of the relevant municipal projects.
2. Functions and key tasks
The Municipal Review and Approval Center shall well perform the supervision, guidance, and service work under the work guidance of the Municipal Leading Group for Construction Reform. It shall focus on the standardized development, operation and management, the supervision of reform results and reform implementation, the operation and maintenance of the Review and Approval Management System of the Review and Approval Centers at every level, and continue to enrich and improve the relevant work functions.
First, according to the deployment of the Municipal Leading Group for Construction Reform, the Municipal Review and Approval Center shall cooperate to implement the specific work relating to the “three evaluation papers”on the environment of doing business by the World Bank, the national government, and the review and approval reform of construction projects;
Second,the Municipal Review and Approval Center shall be responsible for the standardized development of the Review and Approval Centers at all levels citywide, establish and improve the working system, development standards, regularly organize the joint meetings that participated by the Municipal and District (Administrative Committee) Review and Approval Centers, coordinate to solve difficult problems,improve the operational capability of the Municipal and District (Administrative Committee) Review and Approval Centers;
Third, the Municipal Review and Approval Center shall conduct the evaluation of the municipal departments regarding to their cooperation with the Municipal Review and Approval Center, the evaluation of the development and operation of the District (Administrative Committees) Review and Approval Centers, and the supervision and evaluation of the implementation of the reform measures, prepare work reports regularly to be submitted to the Municipal Leading Group for Construction Reform;
Fourth, organize and coordinate the relevant departments to participate in the joint supervisions and the one-stop integrated final inspections of municipal projects;
Fifth, coordinate and promote the construction of mega industrial projects and key private investment projects in Shanghai, replicate and promote the Tesla's experience, and continuously magnify the spillover effect of the reform;
Sixth, coordinate and promote the daily operation and management of the Review and Approval Management System for the Construction Projects;
Seventh, be responsible for the daily operation of the service hotline 962683 and the dealing with the corporate complaints;
Eighth, lead to organize the work of public communication and trainings, strengthen the training and the guidance of reform policies and how to use the Review and Approval Management System.
The Municipal Leading Group for Construction Reform shall strengthen the work guidance, supervision and management of the development and operation of the Municipal Review and Approval Center.
III. Organizational setting, functions, organizational structure, and work requirements for the District (Administrative Committee) Review and Approval Center
1. Organizational setting
The District (Administrative Committee) Review and Approval Center shall consist of the District Construction Management, Planning and Natural Resources (including Real Estate Registration), Development and Reform, Economy and Informatization, Water Works, Ecology and Environment, Landscaping and City Appearance, Traffic, Traffic Police, Civil Defense, Health, Emergency Management, Culture and Tourism, Housing Management, Electricity, Gas, Water Supply and Drainage, Telecommunications, and other agencies. The Director of the Centre is the Deputy District Mayor.
2. Functions
The District (Administrative Committee) Review and Approval Centers shall operate as entities, under the work guidance of the Municipal Review and Approval Center, and under the leadership of the District (Administrative Committee) Leading Group for the Reform of the Review and Approval System For Construction Projects (hereinafter referred to as the "District (Administrative Committee) Construction Reform Leading Group"), be responsible for the materials acceptance, internal transfer, approval granting, and consultation for the projects in the district (administrative committee), and coordinate to promote the matters such as the reviews and approvals, joint supervisions and integrated final inspections.
Without changing the existing review and approval functions of various departments, the Review and Approval Centers shall function as a focal window for accepting materials, granting permissions, and providing consultation service. The review and approval mechanism shall be applicable to all types of administrative approval matters, approval-related intermediary service matters (government entrustment) and municipal public service matters of construction projects with private investment, state-owned enterprises investment, government investment and other types shall be handled by the Review and Approval Centers. First, relying on the online Review and Approval Management System to achieve the "one-stop" online processing. Second, to realize the "one window" for integrated processing and services for construction projects through "one window" offline (i.e., the front desk in the Review and Approval Centers). Third, relying on the backstage supports from the relevant approving departments to achieve the joint reviewing, joint supervision, and joint final inspection. The internal permitting process and coordination mechanism shall be optimized to improve the efficiency of permitting.
3. Organizational Structure
District (Administrative Committee) Review and Approval Center has set up reception counter (comprehensive window) and back end.
The reception counter (comprehensive window) relies on the comprehensive windows of Administrative Service Centers of districts (administrative committees), is responsible for the one-window documents acceptance, internal transfer of documents, one-window permission granting and consultation service for all kinds of administrative approvals, intermediary services, municipal utility services of construction projects in the districts (jurisdictional area of administrative committees). Counter receptionists may be assigned by the Administrative Service Center, or by the related approving departments, and shall be managed uniformly by the Administrative Service Center. Taking the principle of serving the enterprises and the people to "efficiently do their businesses", in accordance with the requirement of developing the "comprehensive window" to provide a full coverage of services, we aim to set up the front reception counter at the Review and Approval Center as the “comprehensive window" for the construction industry in the city by centralizing the various department service windows that used to separately dispersed in the city and to provide a one-stop services for the enterprises.
The back of house is responsible for receiving the application acceptance from the reception counter and carrying out the approving process, organizing and implementing the joint supervision and integrated final inspection. Besides, it shall be responsible for providing the work instructions, trainings, and consultations to the problems for the counter staffs. The organizational form of the back of house is encouraged to be centralized, which means all approving-related departments work together at the Administrative Service Center of the district (administrative committee), if the working condition allows, to achieve that “all the approval items can be dealt with in the center”. If the working condition isn’t satisfied, approving-related departments may continue to be dispersed, but assign specialists to work in the center as the representatives respectively who shall be responsible for coordinating the documents transfer, acceptance, approving, checking, final inspection, certification, and other issues, under the leadership of the District (Administrative Committee) Construction Reform Leading Group.
4. Work requirements
(1) One list. In accordance with the list of administrative approval and municipal utility service items (please refer to Annex 1) of the District (Administrative Committee) Review and Approval Center, each department shall sort out the items involving the department itself, the corresponding posts, and personnel, make efforts to standardize the guidance, lists, and operational manuals, formulate the standardized document lists and knowledge database for better consultation, and strictly require the counter receptionist to work according to the lists. Moreover, for some approval items that municipal approving departments are involved, the municipal and district departments shall communicate more for better coordination, the related departments shall specify the coordinators and their contact information.
(2) One seal. The District (Administrative Committee) Review and Approval Center shall, with the consent of the District Government (Administrative Committee), carve and enable the physical seal and the special receipt seal of the Review and Approval Center. After the counter accepts the documents, it shall stamp on the receipt or the documents accepted with the special receipt seal of the Review and Approval Center. If the condition allows, the districts (administrative Committees) are encouraged to stamp on the notification letter of approving result or notification list (please refer to Annexes 3 and 4) with the seal of the Review and Approval Center.
(3) One window for receipt of documents. The Shanghai municipality relies on "one government portal for processing all the governmental items", implements electronic approving throughout the whole process, enterprises can make online application and submit documents for application. Approval items that have been electronic shall be encouraged to be received by the reception counter online, who shall also be responsible for providing guidance and advisory services of application. Approval items that haven’t been electronic and are need documents to be submitted at the center, the reception counter shall be responsible for the acceptance of documents, and based on the adoption of electronic licenses at the comprehensive window, to realize that the government-granted documentsare exempt to be submitted for the approval items that have to be processed offline.The reception counter shall review the integrity and formality of the submitted documents according to the material lists, if the documents are satisfactory, they shall be accepted and immediately transferred to the related approving departments at the back of house. If the application documents are incomplete, the counter shall return the documents and tell the applicant what to be supplemented. Besides, the counter shall provide the useful offline consultation service with the assistance of knowledge database, notify the applicant of the approval procedure, required approvals and relevant documents.
(4) One-stop review and approval. Each district (administrative committee) shall take the integrated advantage of the institutional mechanism of the review and approval center and implements one-stop review and approval reform. Items that have achieved one-stop review and approval (one-stop construction permit, one-stop integrated final inspection and real estate registration) shall be accepted and coordinated by the corresponding leading department, and other related departments shall do the relevant work in accordance with their respective duties of divisions. Items that can’t be handled in a one-stop manner shall be accepted and reviewed by each related approving department, no matter if the documents are submitted online or transferred from the counter. The result of approval shall be input on the Review and Approval Management System for Construction Projects in time. On this basis, we will gradually expand the coverage of reform, research the implementation of one-stop project registration and land-use planning permission and one-stop construction permission.
If a project under the responsibility of a District (Administrative Committee) Review and Approval Center involves municipal department(s), the municipal department(s) shall accept the unified dispatch of the District (Administrative Committee)Review and Approval Center, and if the approval time is delayed for no reason or if the department(s) doesn’t participate in the final inspection, the approval item shall be regarded as consent.
(5) One-window for certification. For items that can be electronically approved, enterprises can log in to the Review and Approval Management System to obtain the relevant permits and certificates online. If it is necessary to issue official paper documents for items that have not yet achieved electronic review and approval, the relevant approval departments at the back of house shall, within the time limits of the commitment, forward the documents of results or certifications to the counter for unified issuance.
IV. Implementation Schedule
1. The Municipal Review and Approval Center
In the first half of 2021, the Municipal Review and Approval Center for Private Investment Projects shall be renamed as the Municipal Review and Approval Center for Construction Projects, and start the normal operation.
In the first half of 2022, based on the operation of the District Approval and Review Center as an established agency, we will research the further development of the Municipal Review and Approval Center.
2. The District (Administrative Committee) Review and Approval Center
In the first half of 2021, each District (Administrative Committee) Review and Approval Center for Private Investment Projects shall be renamed as the District (Administrative Committee) Review and Approval Center for Construction Projects, formulate its specific implementation plan, clarifying the work requirements and rules in accordance with the requirements of this Implementation Opinions, and report to the Municipal Review and Approval Center for the record.
In the third quarter of 2021, each District (Administrative Committee) Review and Approval Center shall list the main-line approval items and municipal utility service items for all types of invested construction projects (please refer to Annex 1), the corresponding departments, and the personnel to be based in the Center.
By the end of 2021, each District (Administrative Committee) Review and Approval Center shall list auxiliary-line approval items, intermediary services (government entrustment) of administrative approvals (please refer to Annex 2 and 3), the corresponding departments, and the personnel to be based in the Center, to achieve that the enterprises can deal with their required approval items by "only going to one place".
V. Safeguarding measures
1. Strengthen the organizational leadership. The municipal and district (administrative committee) construction reform leading groups shall comprehensively strengthen the organizational leadership over the Review and Approval Centers, reinforce the assumption of duties, coordinate to push forward the opening of the Centers, and departments and personnel to be stationed in the Centers. The leading groups shall focus on the establishment of the reception counter and the back of house. Each district (administrative committee) shall sufficiently staff the reception counters (comprehensive window) and strengthen the daily management and assessment. For the back of house, staffing from related departments to be stationed in the Centers shall be accelerated. The municipal departments and districts (administrative committees) shall give fully supports regarding the staffing, budget, etc.
2. Strengthen the government portal for handling all types of government items. Relying the government portal, we shall promote overall “Internet+ government services", all approving departments shall use the municipal review and approval management system for processing all items, input the review and approval information of every procedure completely in the management system. The situations that “logging in two times for one same item, one same document being required to be submitted for two times” are not allowed. We try to achieve the data connectivity among the departments, real-time and traceable data, and sharing of resources. We’ll accelerate the development of APP for the mobile end, through deep integration of online and offline application, to achieve the integrated online operation throughout the process including consultation, application, acceptance, information input, transferal, review and approval, supervision, and supervised processing, so that “the data run more, the people run less”
3. Decentralize the administration and empower the administration of districts (administrative committees). We will further promote the decentralize the authorities for review and approval by municipal departments to districts (administrative committees), accelerate the concentration of review and approval functions at the primary level, and centralize the approval departments to the review and approval centers, to fully empower the district (administrative committee) review and approval centers. Each approval department shall further optimize and adjust the internal approval process to streamline the approval levels, and the internal approval process shall not exceed three levels in principle.
4. Strict supervision and assessment. The municipal departments and districts (administrative committees) should attach great importance to this work and implement it carefully and accordingly. The Municipal Review and Approval Center shall establish and improve the incentive and penalty mechanism, and strengthen the supervision and inspection of the stationed municipal departments and the operation of the District (Administrative Committee) Review and Approval Center. The municipal center shall also regularly report to the Municipal Leading Group for Construction Reform on the promotion of work, and the assessment shall be included in the annual performance appraisal of the Party and government leadership team of each district (administrative committee).
5. Make efforts to do public communication and trainings. The Municipal and District Review and Approval Centers should further innovate ways and means, set up regular training programs, and further create an atmosphere of reform by adopting a variety of forms and proactive ways to enhance the intensity of advocacy. The Municipal Center shall focus on the communication of various reform policies, work systems and standards. The District Review and Approval Centers shall focus on strengthening the operational training for the service personnel at integrated window and stationed departments at the back of house, to improve the efficiency and comprehensive quality of relevant personnel as soon as possible.
VI. Others
This Implementation Opinions shall enter into force on the date of issuance. The previous Circular of the Establishment of the Shanghai Private Investment Projects Review and Approval Center (H.J.S.G. [2019] No.2) and the Circular of Further Optimizing the Business Environment and the Establishment of District Private Investment Projects Review and Approval Centers (H.J.S.G. [2019] No.4) shall be repealed.
Annexes:
1. The list of proposed main-line approval items and municipal utility service items to be processed by the District (Administrative Committee) Review and Approval Center
2. The list of proposed auxiliary-line approval items to be processed by the District (Administrative Committee) Review and Approval Center
3. The list of proposed intermediary service items (government entrustment) of administrative approvals to be processed by the District (Administrative Committee) Review and Approval Center
4. Notification Letter of the Issuance of One-stop Construction Permit (template)
5. Notification Letter of the Issuance of One-stop Integrated Final Inspection and Real Estate Registration (template)