DALIAN CHINA  DALIAN CHINA
Notice Released by the General Office of the Dalian Municipal People's Government on Printing and Distributing the Management Regulation and Procedure
2018-12-12

To the people's governments of every district, city and county, the management committees of every forerunner area, every relevant department of the municipal government, every relevant unit: 

The management regulation and procedure (trial version) of the examination & approval and consulting services about Dalian engineering construction projects has been deliberated and approved in the 28th executive meeting held by the 16th People's Government of Dalian. Now we print it and distribute to you, please implement it carefully.   

                             

The General Office of the Dalian Municipal People's Government

            Dec. 12, 2018

                            

The Examination & Approval and Consulting Services about Dalian Engineering Construction Projects

The Management Regulation and Procedure (Trial Version)

Section 1  General Principle

Article 1  In order to strengthen the examination & approval and consulting services about the engineering construction projects of our city, and improve administrative service levels as well as the quality and efficiency of examination and approval work, combining with the practical situation of our city, we formulate this work regulation and procedure according to the stipulations in the relevant laws, regulations and rules.

Article 2   This regulation and procedure applies to the examination & approval and consulting services about the engineering construction projects of  housing construction, urban infrastructures, etc. within the range of administrative regions of our city (excluding special projects and the major projects in the fields of transportation, water conservancy, energy, etc.).

Article 3  The examination & approval and consultation about the engineering construction projects in this regulation and procedure mainly contains the consulting services of the early stage of engineering construction projects(that is, the consultations and plans before acquiring lands and the consultation about design documents formulation in the early stage) as well as four examination and approval stages (that is, the  permission stage of project establishment and land use planning, the permission stage of engineering construction, the permission stage of the process of construction and the acceptance check of the completed projects).

Section 2  Assignment of Responsibilities

Article 4  Regard the construction platform of multiple regulations integrated service and the joint examination and approval platform for engineering construction projects as the municipal comprehensive consulting service platforms for promoting the examination & approval and consulting services about the engineering construction projects of our city.

1. The municipal development and reform department, the municipal planning  management department, the municipal land and housing department and the municipal land reserve department take charge of leading the consulting service work in the early stage of engineering construction projects, and are also responsible for the municipal comprehensive consulting services about the link of the early stage of engineering construction projects within the range of our city. The consulting services about the generation of the engineering construction projects that are listed as national, provincial and municipal key projects in the early stage are uniformly led by the municipal development and reform department.    

2. As the leading units in charge of the staged synchronous examination and approval work, the municipal planning management department and the municipal construction management department are concretely responsible for the joint consulting service work in all relevant synchronous examination and approval stages.

3. The municipal economic information department, the municipal financial management department, the municipal national security department, the municipal cultural relics protection department, the municipal land and housing department, the municipal environmental protection department, the municipal traffic and transportation department, the municipal water affairs management department, the municipal marine fishery department, the municipal civil air defence department, the municipal urban construction management department, the municipal safety supervision department, the municipal meteorology department, the municipal communication management department, the municipal commerce department, the municipal public security and fire control department as well as their subordinate units for technology examination, the relevant prepositive intermediary organizations for examination and approval and the municipal public utility units should combine with their own responsibilities to actively cooperate with each other to do the relevant consulting service work well.

Article 5  Establish the collaboration mechanism between the municipal rank and the district rank. Also build a green channel for the cross-level consulting services between the generation of engineering construction projects in the early stage and the examination and approval stage.  

 

Article 4  Regard the construction platform of multiple regulations integrated service and the joint examination and approval platform for engineering construction projects as the municipal comprehensive consulting service platforms for promoting the examination & approval and consulting services about the engineering construction projects of our city.

1.The municipal development and reform department, the municipal planning  management department, the municipal land and housing department and the municipal land reserve department take charge of leading the consulting service work in the early stage of engineering construction projects, and are also responsible for the municipal comprehensive consulting services about the link of the early stage of engineering construction projects within the range of our city. The consulting services about the generation of the engineering construction projects that are listed as national, provincial and municipal key projects in the early stage are uniformly led by the municipal development and reform department.    

2.As the leading units in charge of the staged synchronous examination and approval work, the municipal planning management department and the municipal construction management department are concretely responsible for the joint consulting service work in all relevant synchronous examination and approval stages.

3.The municipal economic information department, the municipal financial management department, the municipal national security department, the municipal cultural relics protection department, the municipal land and housing department, the municipal environmental protection department, the municipal traffic and transportation department, the municipal water affairs management department, the municipal marine fishery department, the municipal civil air defence department, the municipal urban construction management department, the municipal safety supervision department, the municipal meteorology department, the municipal communication management department, the municipal commerce department, the municipal public security and fire control department as well as their subordinate units for technology examination, the relevant prepositive intermediary organizations for examination and approval and the municipal public utility units should combine with their own responsibilities to actively cooperate with each other to do the relevant consulting service work well.

Article 5  Establish the collaboration mechanism between the municipal rank and the district rank. Also build a green channel for the cross-level consulting services between the generation of engineering construction projects in the early stage and the examination and approval stage.  (标蓝处是与上文重复部分)

Section 3  Application for Consulting Services

Article 6  The examination & approval and consulting services about  engineering construction projects are divided into general (procedural) consultations and the consultations about the technical problems related to examination and approval. As for the general (procedural) consultations, the applicants or agents of projects submit applications (oral or written) to the comprehensive window of examination and approval about engineering construction projects (hereinafter referred to as“the comprehensive window”for short) in the public administration service center, and the staff in the comprehensive window will provide consulting services to you.     

The departments participating in the staged synchronous examination and approval about engineering construction projects shall cooperate with the staff in the comprehensive window to carry out general (procedural) consulting service work.

The consulting services which belong to project generation mechanism in the early stage of engineering projects shall be pushed to the collaborative platform of project generation mechanism through the construction platform of multiple regulations integrated service, and the relevant departments  designated by project generation mechanism shall conduct the consulting services.   

 The consultation matters which belong to the complicated technical problems about scheme, design compilation in the early stage,etc. shall be docked with the specially-assigned persons designated by every relevant department of examination and approval, and the specially-assigned persons shall also take charge of tracking the transaction of consulting service matters.       

Article 7  As for the consulting services that are unable to be provided on site by the responsible departments of examination and approval or the consulting services that involve more than two responsible departments of examination and approval, the application of joint consulting services shall be submitted to the leading departments of examination and approval stages, and the leading departments of examination and approval stages shall organize the relevant departments of examination and approval in this stage to conduct joint consulting services and reply within 3 working days. 

Article 8  under the circumstance that the leading departments of examination and approval stages are unable to conduct joint consulting services by the departments in this stage, the consulting services of special topic shall be

put forward in the joint conference held by the pilot work leading group about the reform of examination and approval system of engineering construction projects (hereinafter referred to as “the joint conference”), the joint conference shall designate specially-assigned persons to organize the consulting services of special topic on site or organize the corresponding consulting service meeting of special topic according to the condition of engineering construction projects.    

Article 9   The units that apply for comprehensive consultations in the comprehensive window of examination and approval about engineering construction projects in the public administration service center need to submit applications based on the work of making clear of situation and analyzing problems. The application reports need to include the following main contents:  

1. The General Overview of Projects;

2. The Problems Needing Comprehensive Consultation;

3. The Condition of Consulting Services by the Responsible Departments of Examination and Approval as well as the Opinions of All Relevant Departments;

4. Opinions and Suggestions. 

Section 4   Consulting Service Mechanism

Article 10  On-site consulting services, that is, provide consulting services  for the questions consulted by the applicants or agents on site in daily work. This requires to respond immediately, survey immediately and give feedback immediately, and timely give feedback to the departments of examination and approval in every examination and approval stage about the matters that  consulting services are unable to be provided on site. 

1. As for the matters that the staff in the comprehensive window are unable to provide exact consultations, the departments of examination and approval about engineering construction projects that join the public administration service center shall immediately designate the specially-assigned persons who are responsible for docking with to accept and deal with these matters on site, and also provide on-site consulting services for the generally procedural  consultation matters . 

2. After the leading departments of every examination and approval stage receiving the joint consulting services that are applied by the departments of examination and approval in this stage, they should organize the relevant departments to carry out joint consulting services immediately.

Article 11  Conference consulting services, that is, according to the condition of engineering construction projects, the multilevel comprehensive consulting service conferences that are organized by the leading departments of staged examination and approval about engineering construction projects which also take charge of coordinating each department of examination and approval that involve in engineering construction projects to provide comprehensive consulting services for the complicated consultation matters about engineering construction projects.

(1) Joint Advisory Services Special Session. In the case of consulting services involving more than one project examination and approval department or the project situation is more urgent, the relevant responsible unit shall request the leading department of each examination and approval stage to convene a joint consultation service meeting to solve the project consultation service in time.
(2) Conference on Integrated Advisory Services. According to the request from the lead department of each phase of the project, the lead department of the project should initiate the multi-phase and multi-department integrated advisory service meeting, and the lead department of other phases should coordinate with each other. The departments participating in the meeting should be determined according to the actual situation, including the lead department of the phased examination and approval, the responsible department of the examination and approval, the public service department, the municipal public service department and the necessary intermediaries. The personnel of the examination and approval or service and the technical examiners of the participating departments should attend the meeting.
If a special meeting of joint advisory services or a comprehensive advisory service meeting needs to be issued for the minutes of the meeting, all relevant departments shall, in the light of their own responsibilities and in accordance with the requirements of the minutes of the meeting, actively cooperate with each other, conscientiously implement the scheme of advisory services, and the pilot group of the project examination and approval system reform in Dalian shall be responsible for the supervision and feedback of the agreed items.
Article 12 Special consultation services at the municipal level shall be submitted. The leading departments in each examination and approval stage believe that they cannot solve the problems in the "multi-regulation and one-service construction platform" "joint examination and approval platform for engineering construction projects", and feed back the problems to the pilot leadership team of the Dalian engineering construction project examination and approval system reform. The leadership team shall designate specialized departments to provide special consulting services.
Article 13 Agency services. The project approval and application are guided, coordinated, tracked, and supported by the personnel of the local professional representative office, the interconnecting commissioners in the public administration service center and the special clerks of the examination and approval departments, and interconnected with the project unit "zero distance", to understand the requirements of the project approval in a timely manner, and to ensure that the project is fast and non-detour.
Chapter V Oversight Mechanisms
Article 14 Consulting services for construction projects within the scope of this city shall be reported uniformly in the Public Administration Service Center, and shall be accepted by the "Single Window", and shall strictly supervise the implementation of relevant provisions such as the procedure for handling, the time limit and the one-time notification of the consultancy services, and shall supervise and urge the implementation of relevant requirements such as joint consulting services, accommodation and assistance, advance intervention, etc.
Article 15 The process of consulting services for construction projects shall be incorporated into the electronic monitoring system, and the whole process of consulting services shall be monitored.
Article 16 The joint examination and approval platform for project construction shall automatically supervise the implementation of the items discussed at the consultation service meeting, implement the system of accountability and carry out the completion as one of the basis for evaluating the performance of the relevant units. The examining and approving department shall order the applicant to explain and make rectification within a time limit if he/she exceeds the time limit of his/her commitment, if he/she does not give one-time notice to the applicant for consultancy services, if he/she has no reasonable reason to implement the matters of consultancy services as required, if he/she has no reasonable reason to do so, if he/she has any abnormal replenishment or return; If no change is made or three or more such cases occur within the time limit, the pre-qualification of the resident unit in this year shall be abolished, criticism shall be notified, and a letter shall be sent to the municipal supervision and examination office and the municipal supervisory organ.
Article 17 In the course of coordination, if the applicant or agent is found to conceal the actual situation and fabricate false problems, the examination and approval departments shall list them on the list of bad faith.
Chapter VI SUPPLEMENTARY PROVISIONS
Article 18 These Regulations shall be interpreted by the Leading Group for the Reform of the Examination and Approval System for Construction Projects in Dalian.
Article 19 These Regulations shall come into force as of the date of promulgation.