DALIAN CHINA  DALIAN CHINA
Circular of the General Office of the People's Government of Dalian on Issuing the Detailed Rules (for trial implementation
2018-12-12

People's Governments of cities and counties in all districts, leading district Management Committees, relevant departments of the Municipal Government, and all relevant units:

Rules for the Joint Examination of the Design Scheme of Engineering Construction Projects in Dalian (for trial implementation)” has been examined and approved by the 28th executive meeting of the 16th People's Government of Dalian and it is now printed and distributed to you. Please carry it out carefully.

           General Office of the People's Government of Dalian

                            December 12th, 2018

Rules for the Joint examination of the Design Scheme of Engineering Construction projects in Dalian (for trial implementation)

According to the spirit of “Circular of the General Office of the State Council on the Pilot Reform of the Examination and Approval System for Engineering Construction Projects”(Issued by the General Office of the State Council〔2018〕No.33) and specific requirements of “Pilot Implementation Plan for the Reform of the Examination and Approval System for Construction Projects in Dalian”(Issued by General Office of Dalian Municipal People's Government〔2018〕No.118), minimize the number of times that enterprises and the masses go to the government guided by better, faster and more convenient for enterprises and the masses to do business to implement the deployment requirements of deepening reform of “Streamline administration and delegate power to the lower levels, Combination of letting go and management and Optimize service” and optimizing the business environment of the Party Central Committee and  the State Council. For the examination and approval items that can be replaced by soliciting the opinions of the relevant departments, they should be adjusted to the internal cooperation items of the government. In order to do a good job in the pilot project reforms of the examination and approval system for construction projects, combined with the actual situation of the city, this work rules are formulated.

I. The term "Joint Examination of the Design Scheme of Engineering Construction Projects" as mentioned in these rules (hereinafter short for "joint review of projects") refers to an operate mode of the administrative departments such as Cultural, Radio, Film and Television Authority and National Security Agency and so on jointly examine the engineering construction project design schemes submitted by the project units with the planning administrative departments as the leader in the administrative areas of Dalian.

II. After receiving the documents of project design scheme submitted by the project units, the planning administrative department organizes 7-9 experts in the related field to conduct the initial review anonymously (5 working days), and the audit costs are paid by planning administrative departments applying for financial allocations. The results of the initial review are classified into four grades: excellent, good, bad and inferior. The "excellent" level is that the design scheme conforms to the requirements of urban landscape and urban design, the depth and the content of the scheme are fully conform to the design specifications and relevant regulations, and the examination and approval department can directly examine and approve them. The "good" grade is most of the depth and contents of the design scheme conform to the design specifications and government requirements, so it is necessary to fine-tune the scheme. The design schemes can be approved by the approval departments according to the commitment system after the construction units promise to modify and program modification completed synchronously. The "bad" level is the depth and the contents of the design scheme must be revised. After the revision, the departments should be re-consulted and an expert review meeting should be held to re-examine the content. The "inferior" grade is that the design scheme does not meet the requirements of the design code, and there are serious violations of the design conditions and the depth of the design scheme is not enough. If the design scheme is "inferior" level or "inferior" level in the initial review, the examination and approval departments will return the piece to the platform and interview the legal person representative of the design company. If it can’t meet the design requirements, it should be dealt with according to “Rules of Dalian Construction Project Approval and Announcement System of Promise System" on discredit disposal. The design schemes with the level of "excellent" and "good" will enter the stage of joint review of the schemes.

III. Planning administrative departments are responsible for organizing joint reviews of programs. The planning administrative departments will submit the documents of design scheme with the level of "excellent" and "good" to the relevant departments that need to be consulted. It presides over the convening of a joint validation meeting for the project (to determine the participation or consultation of the department according to the project situation) or to consult the relevant departments in writing. In the specified time it summarizes the joint review opinions of various departments to form a revised opinion to inform the project units and the project units modify the scheme according to the relevant requirements. Other departments will no longer conduct review of the design scheme separately.

IV. Joint program reviews (5 working days) are conducted in the following manners:

1. Consultation with relevant departments in writing. Where written consultation is adopted, relevant departments shall provide timely feedback, and the overdue feedback shall be regarded as no comments.

2. When a joint review meeting is required, it shall be organized by the planning administrative departments. The joint review conferences can be held in conjunction with the expert review meetings of the design scheme, forming a summary of the joint review meeting or a joint review opinion of the relevant departments filling out the audit opinion forms. If the depth of project design meets the requirements and needs to be reviewed, the planning administrative departments shall take the lead in determining the quality and classification of the project, clarify the approval process and modularized participation in the examination and approval departments, organize the examination within the commitment time limit, determine the approval time limits and supervise and urge the units to issue opinions on the examination. All examination and approval departments shall conduct the examination strictly according to the commitment time limit, issue the examination opinion and approval documents in time, summit the arrangement of coordination and the joint audit work of the lead units. Through the project design scheme reviewed by the joint meeting, the planning administrative departments can report to the "three committees" for review according to the importance of the project (the approval time reported to the "three committees" is not included in the approval time limit).

V. In the event that the examination and approval units do not agree with each other in the examination and approval, the lead units shall coordinate and handle the matter. If the lead units are unable to coordinate, it shall promptly request the Municipal Government to convene a coordination meeting for the construction project. If the inconsistent opinions of the examination and approval units during the period of examination and approval result in the extension of the examination and approval time, the total time limit shall be extended or recalculated accordingly.

VI. Approval items that, through the review of the joint review conference, a design with little adjustment and capable of correcting acts that do not meet the requirements of examination and approval after in-incident and ex post supervision in the event and without serious consequences, can use "standard specification + inform commitment + in-incident and ex post supervision" mode of examination and approval management. While adjusting the design scheme of the construction project according to the revised opinions, the project units and the design units may sign a guarantee of commitment to ensure that the project can meet the corresponding construction standards and adjustment requirements. The planning administrative departments may handle the project   “Building Monomer Examination Opinion” and issue the project “Construction Project Planning Permit” (2 working days) according to the jointly approved design scheme, the joint audit opinion and the “Guarantee of Commitment”. If the project units and the design units do not sign the “Guarantee of Commitment”, the time of revising and perfecting the scheme according to the joint review opinion shall not be included in the time limit of examination and approval.

VII. The project units shall provide the final design result data of the design units after checking and proofreading to the planning administrative departments, and shall be responsible for the authenticity of the data provided and shall bear the corresponding legal responsibility.

VIII. The design units shall, in accordance with the relevant technical specifications, technical requirements and relevant regulations of the state, province and city, conduct a technical review of the general layout of the project construction engineering design scheme and the design scheme of the building monomer, and the design units shall be responsible for the examination of the drawings to assume responsibility for review. After checking and proofreading the design results issued by the units, the design units shall issue a certificate of eligibility for the examination, and affix a special seal for the examination on the whole set of drawings. The certificate of competency and drawings shall be signed by all professional examiners and registered architects, signed by the legal representative and affixed with the official seal of the design units. If the final design results submitted by the design units still violate law, regulations and the compulsory standards of engineering construction and cause losses to the construction units, the design units shall bear the corresponding legal liability and liability for compensation according to law. According to the “Detailed Rules of Dalian Construction Project Approval and Acceptance System”, the relevant provisions on dishonesty disposal are dealt with.

IX. Planning administrative departments no longer conduct technical review of architectural design proposals, but only review the legality of procedures.

X. These rules shall be interpreted by the municipal planning administrative departments.

XI. These rules shall come into effect on the date of promulgation.