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Decision on Defining the Management Power Over Guangzhou International Bio-island
(Issued on January 13, 2012 in accordance with Decree No. 64 of the People’s Government of Guangzhou Municipality and amended on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)
In order to implement the Outline of the Plan for Reform and Development of the Pearl River Delta Region (2008-2020), accelerate the development and construction of Guangzhou International Bio-island (hereinafter referred to as the Bio-island) and define the management powers of the Management Committee of Guangzhou Economic and Technological Development Zone (hereinafter referred to as the Development Zone Management Committee) over the Bio-island, it is decided as follows according to the Law of the People's Republic of China on Administrative Licensing, the Law of the People's Republic of China on Administrative Penalty and other relevant laws and regulations:
1. The Development Zone Management Committee shall, on behalf of the People’s Government of Guangzhou Municipality within the area of the Bio-island, exercise such management powers as verification and issuance of state-owned land use right certificates, examination and approval of the withdrawal of state-owned land use rights, verification and issuance of construction land approval certificates (including changes), examination and approval of the assignment of land use rights, disposal of vacant lands, etc.
2. The Development Zone Branch of the Guangzhou Bureau of Land Resources and Housing Management exercises the management powers of the Guangzhou Bureau of Land Resources and Housing Management within the area of the Bio-island, including verification and issuance of pre-examination reports on lands for construction projects, handling of the matters related to land expropriation, house expropriation and compensation according to law, assignment, transfer and certificate issuance of state-owned land use rights, and investigation and punishment of illegal acts.
3. The Development Zone Branch of the Guangzhou Planning Bureau exercises the management powers of the Guangzhou Planning Bureau within the area of the Bio-island, including the verification and issuance of construction project site selection opinion letters, construction land planning permits, building permits (including examination and approval of detailed construction plans) and construction project planning acceptance certificates, and investigation and punishment of illegal construction ex officio.
4. The Development Zone Branch of the Guangzhou Administration for Industry and Commerce shall, in the name of the Guanghzou Administration for Industry and Commerce, handle the registration and annual inspection of domestic-funded enterprises, individual businesses, farmers’ professional cooperatives and foreign-funded enterprises stationed on the Island whose business sites are within the area of the Bio-island, supervise the enterprises, individual businesses and farmers’ professional cooperatives settled in the Bio-island, and investigate and punish illegal business activities.
5. The Quality and Technology Supervision Bureau of Guangzhou Economic and Technological Development Zone exercises the management power of the Guangzhou Quality and Technology Supervision Bureau within the area of the Bio-island, including the business supervision and management authority of quality, food, standardization, measurement and special equipment, etc., and exercises the right to punish the violations of laws, regulations and rules related to quality and technology supervision according to law.
6. The Local Taxation Bureau of Guangzhou Development District is responsible for the collection and management of local taxes and fees within the area of the Bio-island, implements the national taxation guidelines and policies, and various tax laws, regulations and rules, studies and formulates the specific implementation measures on the collection and management of local taxes and fees within the area of the Bio-island., and organizes the publicity of tax policies and regulations.
7. The relevant municipal government sectors entrust the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island:
7.1. The Guangzhou Development and Reform Commission entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: accreditation of enterprise-funded or foreign-funded projects, examination and approval of government-funded projects, accreditation of the bidding methods and scope for infrastructure projects and franchise projects, and filing of enterprise-funded projects, except for the projects that are funded in full or in part by this Municipality, involve the comprehensive balance of the whole city and require the unified planning and construction of the whole city.
7.2. The Development and Reform Commission, Construction Commission, Water Affairs Bureau, Transportation Commission, Urban Management Commission, Forestry & Landscaping Bureau and other relevant authorities of Guangzhou Municipality entrust the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: investment, project approval and construction management authorities for water affairs, transportation, landscaping and other public facilities projects, except for the projects that are funded in full or in part by this Municipality, involve the comprehensive balance of the whole city and require the unified planning and construction of the whole city.
7.3. The Guangzhou Bureau of Human Resources and Social Security entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: the issuance of employment certificates for the people from Taiwan, Hong Kong and Macao.
7.4. The Guangzhou Environmental Protection Bureau entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: examination and approval of the environmental impact assessment documents of construction projects and environmental protection law enforcement (including the organization and implementation of daily supervision and management, sewage charging, handling of petitions and complaints, total emission reduction, issuance of pollutant discharge permits, environmental monitoring, and handling of environmental emergencies).
7.5.The Guangzhou Construction Committee entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: project construction licensing, preliminary design review of large- and medium-sized construction projects, urban road design approval, bidding supervision, project quality and safety supervision, supervision and management of construction enterprises, survey and design enterprises and intermediary service enterprises on the construction market.
7.6. The Guangzhou Bureau of Foreign Trade and Economic Cooperation entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: examination and approval of encouraged and permitted foreign-funded projects (including changes, divisions, suspensions and terminations), examination and approval of external mortgage and transfer of property and rights and interests of foreign-funded enterprises, examination and approval of equity pledge by investors of foreign-funded enterprises, examination and approval of foreign (regional) enterprises entrusted to operate and manage foreign-funded enterprises or domestic-funded enterprises, examination and approval of processing trade, examination and approval of filing of imported equipment and spare parts within the total amount of investment, handling (preliminary examination) of the applications for automatic import licenses of mechanical and electrical products for foreign-funded enterprises, preliminary examination of automatic import licenses of foreign-funded enterprises, preliminary examination of the import and export of precursor chemicals for foreign-funded enterprises, preliminary examination of import of equipment for self-use by five types of enterprises using their own funds, and examination of the establishment of branch offices of foreign-funded enterprises.
7.7. The Guangzhou Bureau of Science and Information Technology entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: examination of enterprises’ applications for scientific and technological projects and information engineering projects and municipal radio management.
7.8. The Guangzhou Price Control Administration entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: administrative fee management (excluding administrative fee approval, reduction and exemption), formulation of the charging standards for motor vehicle parking and storage services and property services within the guide price range of the municipal government, and price management, examination and approval of pipeline gas, joint supply of cooling and heating, water supply and reclaimed water in the independent pipe network of the Bio-island.
7.9. The Guangzhou Economic and Trade Commission entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: accreditation and filing of the technological transformation projects of domestic-funded industrial/commercial enterprises, accreditation of technological transformation projects of foreign-funded enterprises through self-funding or financing, and accreditation of bidding methods for technological transformation projects, except for projects that involve the comprehensive balance of the whole city and require the unified planning and construction of the whole city.
7.10. The Guangzhou Food and Drug Administration entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: examination and approval of retail business of the second-class psychotropic drugs, licensing for catering services, examination and approval of the purchase of toxic drugs required for scientific research and teaching, supervision and management of catering services, health food, cosmetics, medicines and medical devices, organizing the investigation and punishment of illegal acts in food safety of catering service and the development, production, circulation and use of health food, cosmetics, medicines and medical devices, and implementing law enforcement work on smoking control in catering service places.
7.11. The Guangzhou Intellectual Property Office entrusts the relevant authorities under the Development Zone Management Committee to exercise the following management powers within the area of the Bio-island: handling and mediating patent disputes according to law, and regulating and managing the intellectual property trading market.
8. The People’s Government of Haizhu District and the government sectors thereof in charge of development and reform, education, science and information technology, civil affairs, justice, finance, human resources and social security, land resources and housing management, environmental protection, transportation, water affairs, agriculture, economy and trade, culture, radio, television, press & publication, health, population and family planning, auditing, planning, urban management, statistics, prices, industry and commerce, construction and landscaping, quality and technology supervision, food and drug supervision, work safety supervision, intellectual property rights, tourism, overseas Chinese affairs, state-owned assets supervision, ethnic and religious affairs, civil defense, archives and sports entrust the Development Zone Management Committee and the relevant authorities thereunder to exercise the management powers on administrative approval, administrative filing, supervision and inspection, and investigation and punishment of illegal acts within the area of the Bio-island.
The municipal public security bureau designates its Huangpu District Branch to be responsible for the public security management within the area of the Bio-island. And a corresponding police agency shall be established.
The Huangpu District Bureau of Statistics is responsible for taking statistics of the enterprises (entities) within the area of the Bio-island, and copying the statistical data of the enterprises (entities) within the area of the Bio-island to the Haizhu District Bureau of Statistics. And statistical criteria that apply to the Bio-island shall be added to the statistical data of the Haizhu District Bureau of Statistics.
9. The governments and the government sectors thereof entrusting the management powers to the Development Zone Management Committee and the authorities thereunder in accordance with this Decision shall prepare special seals for relevant businesses, and hand them over to the trustees for safekeeping and use in accordance with the regulations on the use of seals.
10. This Decision shall come into force on the date of promulgation.