DALIAN CHINA  DALIAN CHINA
Implementation Opinions of the General Office of the Dalian Municipal People's Government on Implementing the Approval Agency System of Key Investment
2018-12-12

The people's governments of all districts, cities and counties, the administrative committees of the pilot areas, the relevant departments of the municipal government, and the relevant units:

According to the "Notice of the General Office of the State Council on Launching the Pilot Program of the Reform of the Approval System for Construction Projects" (No. 33 [2018] of the General Office of the State Council), Dalian has been included in the “National Project Construction Project Approval System Reform Pilot Cities”. In order to do a good job in reforming the approval system for engineering construction projects, the municipal government decided to establish an investment project approval agency system based on the centralized approval of investment projects, and proposed the following implementation opinions:

 

Ⅰ. Guiding ideology

The spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee shall be implemented comprehensively. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be regarded as the guidance in accordance with ‘reforms to streamline administration, delegate powers, and improve regulation and services’ under the arrangements and requirements of the CPC Central Committee and the State Council. The process should combine with ‘Four Efforts and Three Promotions’, Centering on the construction of a more scientific, more convenient, more efficient and more sunny project approval and management system. An agency service system would be set up that is compatible with the reform of examination and approval, and work hard to solve the problem of long duration at work and the problem of hard- to-do things. More work for companies to do turns to more work for governments. To build Dalian public service brand and create a first-class development environment for the sound and rapid economic and social development of Dalian.

 

 Ⅱ. Basic principles 

⒈ Voluntary trust. To the extent compatible with the scope of commission, the project units could apply for entrusts for investment projects. After signing the agency agreement to specify the rights and obligations of both parties, the designated agent shall be responsible for the relevant approval.

⒉ Free agency service. Except for the fees that must be paid by the project units according to laws and regulations, all project agencies shall be provided with free services.

⒊ Sweeping service. After the window handles project agencies, the specified agent should be provided the full-rage agent services within the scope of agency.

⒋ Be effective and legal. The agent must act in accordance with law and must not harm the public interest or the legitimate rights of the project units.

⒌ Overall co-ordination mechanism. Try to set up a team of agents in the city and county governments and a team of the special office staffs in approval departments. Agents need to cooperate with the special office staffs so as to be able to provide open, transparent, convenient and efficient agent services for the project units.

 

Ⅲ. The scope of agency

Agency services are provided for key investment projects that are in according with industrial guidance in our city, and that mainly faces to investment projects of state, foreign and private capital or investment projects of agencies directly under provincial jurisdiction. The specific scope of agency shall be determined by each city and county according to the actual situation such as the investment quota. That shall be publicized to the public.

 

Ⅳ. Agent items

⒈ The administrative examination and approval involves to project land use permission, project construction permission, construction permission, and completion acceptance in investment projects.

⒉ All or part of the agent items may be entrusted according to the requirements of the project units. In principle, the project units shall independently select the technical service agency for the non-approval matters involving intermediary technical service agencies.

 

Ⅴ. Institutional framework

⒈ The establishment of agent and the special office staffs team. In principle, there should be no less than 5 persons in each department in government’s team and no less than 2 persons in administrative approval department at all levels.

⒉ The establishment of window of agent services. In accordance with the principle of localization, the public administration service centers of city and county governments shall set up service windows for investment project agent services, and accept the application of project agencies.

 

Ⅵ. Duty of work

1.     The main responsibilities of the agent

1) To guide the project units to be familiar with the examination and approval process and assist to arrange the project approval progress plan according to the actual situation of the project.

2) To assist the project units to prepare the application materials in stages and fill in kinds of sheets. Submit the application materials to the relevant examination and approval service window according to the approval process of investment projects.

 

3) To follow up and coordinate the approval process, keep up on approval progress of the agent projects, timely feedback the process to the project unit, communicate well with the special office staff of the relevant approval departments, timely discover and actively solve problems in the examination and approval.

4) To conduct the document filing, custody and the transition of the information of agent projects.

5) To be obligated to keep confidential on trade secrets, technical secrets and personal privacy related to the materials submitted in the project list.

 

⒉The main responsibilities of the special agent

1) To be responsible for overall coordination in approval stages and handover of approval results, as the special office staffs who or belong to or coordinate with approval departments and agents who connect with the city and county governments.

2) To be responsible for coordination in the internal transaction of the department and handover of approval results, as the special office staffs who or belong to or coordinate with approval departments and agents who connect with the city and county governments.

 

⒊ The responsibility of project units

1) To define the project leader and the project manager, and inform the agent in time if there is any change.

2) To be Responsible for providing relevant materials timely and ensuring that the materials are authentic, legal, complete and effective, and timely modifying or supplementing the application materials according to the requirements of the approval departments.

2) To be present timely in approval process as personnel from the project units.

3) To pay various types of expenses in a timely fashion by rules.

 

Ⅶ. Safeguard mechanism

⒈ To establish training guidance system. Agents and the special office staffs will be trained to be familiar with the approval process and materials so that their professional ability and service levels can be improved. The training is led by Construction Projects Approval System Pilot Reform Office.

⒉ To establish full coverage of the whole process. The administrative approval departments at all levels that have not been stationed in the public administrative service centers shall make clear the special office staff’s responsibilities. For approval items above the municipal level, the professional offices and specialized personnel should hold together to deal with it in accordance with the principle of counterpart.

⒊ To establish information system and coordination mechanism. For the application materials to be submitted, the agent shall provide a one-time implementation in the form of a list of the application materials in accordance with the requirements of ‘responsibility for first inquiry system’ and ‘one-time implementation system’. Agents shall keep log records the process, problems and results of agent items.

 

Ⅷ. Job requirements

⒈ To unify thoughts, enhance understanding. The establishment of the examination and approval agency system for investment projects is another important measure to further optimize the development environment of our city and promote the construction of large projects. It plays an important role in solving the problem of ‘work is hard to deal with’. All regions and departments should fully understand the importance of implementing the agency system. Each part should unify their thinking and improve their consciousness, awareness-raising, and speed up the implementation of various work so as to achieve practical results.

⒉ To strengthen leadership and make strong progress. All regions and departments should implement the leadership responsibility and implementation of a responsibility system. According to the uniform deployment of the municipal party committee and the municipal government, every part should combine with the reality and coordinate to work together to promote the establishment of an agent service system covering the whole city as soon as possible.

⒊ To leverage from past experience and improve further. The establishment of the approval agency system for investment projects is an innovative and exploratory work. All regions and departments should improve their political standing, and actively reform or innovate to timely study and solve new situations and problems encountered in the implementation of the agency system. At the same time, all of them should deepen supporting reforms, and constantly improve the working mechanism