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Decision of the People’s Government of Guangzhou Municipality on Delegating the First Batch of Municipal-Level Regulatory Powers to Nansha New District, Guangzhou Municipality of China (Guangdong) Pilot Free Trade Zone

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  (Issued on December 8, 2015 in accordance with Decree No. 135 of the People's Government of Guangzhou Municipality and put into effect on December 8, 2015)

  The municipal government hereby decides to delegate 58 municipal-level regulatory powers to the management authority of Nansha New District, Guangzhou Municipality of China (Guangdong) Pilot Free Trade Zone (hereinafter referred to as “GDFTZ (Nansha)”) for implementation within the area of GDFTZ (Nansha) in strict compliance with the purview and procedures provided for in laws and regulations, in accordance with the Law of the People’s Republic of China on Administrative Permission and other laws and regulations, and with a view to further speeding up the development and construction of GDFTZ (Nansha).

  When appropriate, the municipal government will make adjustment to the list of regulatory powers delegated to the management authority of GDFTZ (Nansha) for implementation, taking into consideration the enactment, amendment and abolishment of laws and regulations and the actual needs of the economic development of GDFTZ (Nansha).

  This Decision shall become effective as of the date of promulgation.

  Annex: List of the First Batch of Municipal-Level Regulatory Powers Delegated to the Management Authority of Nansha New District, Guangzhou Municipality of China (Guangdong) Pilot Free Trade Zone for Implementation

  No.

  Code

  Delegator

  Item Name

  Basis for Establishment and Content

  Remarks

  1

  gz0011001

  The municipal government(implemented by the municipal   bureau of civil affairs)

  Examination and approval of place naming, name change   and name cancellation

  1. Articles 3 and 6 of the Regulations on Place-Name Administration (State   Council Decree No. 〔1986〕11)

  2. Articles 4, 16, 17, 19   and 20 of the Regulations of Guangdong   Province on Place-Name Administration (Announcement No. 83 of the   standing committee of the provincial people’s congress in 2007).

  3. Articles 5 and 9 of the Regulations of Guangzhou Municipality on   Place-Name Administration (Decree No. [1999] 16 of the People’s   Government of Guangzhou Municipality; amended in 2011).

  1. Only limited to the naming, change and   cancellation of place names within the area of GDFTZ (Nansha).

  2. Examination and approval of the naming,   name change and name cancellation of cross-district roads, bridges, tunnels,   natural geographical entities and metro stations shall not be delegated.

  3. The naming, name change or name   cancellation of any place named after “All-China”, “China”, “Central”,   “Guangdong” or “Yue” or otherwise involving the name of the State or province   shall be submitted to the provincial department of civil affairs for   approval.

  2

  gz0011003

  The municipal government (implemented by the   municipal bureau of agriculture)

  Maritime space use right certificate issuance

  1. Article 26 of the Law of the People’s Republic of China on the Administration of   Maritime Space Use(Order No. 61 of the Chairman of the   People’s Republic of China in 2001).

  2. Article 15 of the Regulations of Guangdong Province on the Administration of Maritime   Space Use (Announcement No. 72 of the standing committee of the   provincial people’s congress in 2007).

  1. Including the renewal of maritime use   right of projects using maritime space with the approval by the municipal   government.

  2. Projects using maritime space of not   less than 100 HA but not more than 700 HA, without changing the natural   properties of maritime space.

  3. Examination and approval of maritime   space use expanded to Nansha Zone.

  3

  gz0011006

  The municipal government (implemented by the   municipal administration of forestry and gardening)

  Examination and approval of the establishment of   municipal-level forest parks

  Articles   8 and 10 of the Regulations of   Guangzhou Municipality on Administration of Forest Parks (Announcement   No. 23 of the standing committee of the municipal people’s congress in 1999).  

  4

  gz0111001

  The municipal development and reform commission

  Approval of enterprise-invested projects

  (foreign-invested projects requiring examination and   approval at the provincial or national level )

  1. The Decision   of the State Council on the Reform of the Investment System (State   Council Decree No.〔2004〕20).

  2.The Measures   on the Administration of Government-Approved Investment Projects(Decree No. 〔2014〕11 of the National Development and Reform Commission).

  5

  gz0111002

  The municipal development and reform commission

  Licensing of grain procurement qualification

  1. Articles 8 and 9 of the Regulations on the Administration of Grain   Distribution (State Council Decree No. [2004] 407).

  2. Article 4 of the Interim Measures of Guangdong Province on Grain Procurement   Qualification Review and Administration(Decree   No. 〔2005〕72 of the   People’s Government of Guangdong Province).

  Enterprise   registration place and main business operation are within GDFTZ (Nansha).

  6

  gz0131002

  The municipal development and reform commission

  Filing for record of commodity house construction   projects

  1. The Decision   of the State Council on the Reform of the Investment System (State   Council Decree No. [2004] 20).

  2. Articles 2 and 3 of the Measures of Guangdong Province on Filing   of Enterprise-Invested Projects. (Decree No. 〔2005〕120 of the People’s Government of   Guangdong Province)

  3. The Circular   of the State Council on Strengthening and Regulating the Administration of   Newly Commenced Projects (State Council Decree No. [2007] 64).

  7

  gz2921001

  The municipal development and reform commission

  Examination and approval of prices and charges   administered in the form of government pricing and government guided prices

  1. The second paragraph of Article 5 and   the third paragraph of Article 20 of the Price   Law (Order No. 92 of the Chairman of the People’s Republic of China in   1997).

  2. The second paragraph of Article 3 of   the Rules for the Pricing Activities of   Government(Decree No. 44 of the National Development   and Reform Commission in 2006).

  The   pricing authority delegated only involves GDFTZ (Nansha), and does not cover   the entire Municipality; For items related to or affecting the entire   Municipality, pricing shall still be done by the municipal development and   reform commission.

  8

  gz0611023

  The municipal bureau of public security

  Approval of the design of and completion acceptance   of security technology system (with an investment amount of no more than RMB   5 million or involving Level II risks or below)

  Articles   6, 17 and 18 of the Regulations of   Guangdong Province on Administration of Security Technology (Announcement   No. 133 of the standing committee of the provincial people’s congress in   2002; amended in July 2010).

  9

  gz0811002

  The municipal bureau of civil affairs

  Establishment, change and deregistration of   privately-run non-enterprise entities

  Articles   3 and 16 of the Interim Regulations on   Administration of Registration of Privately-Run Non-Enterprise Entities   (State Council Decree No. (1998) 251).

  Only   the examination and approval of the applications submitted by HK/Macao   service providers for running elder-care homes and welfare institutions for   the handicapped in the form of wholly-owned privately-run non-enterprise   entities.

  10

  gz0844001

  The municipal bureau of civil affairs

  Prosthetics and orthotics (assistive) production   enterprise qualification

  Item   11 in the list of items requiring administrative examination and approval the   delegation of which is approved, provided in the Official Reply of the State Council on Approving the Beforehand Trial   of Deepening the Administrative Examination and Approval System Reform in   Guangdong Province During the “Twelfth Five-Year Plan” Period (State   Council Letter No. 177 in 2012).

  11

  gz0844002

  The municipal bureau of civil affairs

  Establishment, change, deregistration of   non-public-raising foundations

  List of Items Subject to Administrative   Examination and Approval System Reform of the People’s Government of   Guangdong Province in 2012 (The First Batch) (Decree No. [2012] 169 of the People’s Government of   Guangdong Province): Item 13 under “III. Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Delegate   to a Lower Level for Implementation”

  12

  gz1231010

  The municipal land resources and urban planning   committee

  Filing for record of erection of permanent surveying   markets

  Article   43 of the Mapping Regulations of   Guangdong Province (Announcement No. 63 of the standing committee of the   provincial people’s congress in 2011).

  13

  gz1231011

  The municipal land resources and urban planning   committee

  Filing for record of the results of mapping of urban   underground pipelines laid and renewed

  Article   18 of the Mapping Regulations of   Guangdong Province (Announcement No. 63 of the standing committee of the   provincial people’s congress in 2011).

  14

  gz1231012

  The municipal land resources and urban planning   committee

  Filing of municipal-level mapping projects for record

  Article   24 of the Mapping Regulations of   Guangdong Province (Announcement No. 63 of the standing committee of the   provincial people’s congress in 2011).

  15

  gz1231014

  The municipal land resources and urban planning   committee

  Filing for record of foreign organizations or   individuals (offices) coming to China for mapping

  Article   23 of the Measures of Guangzhou   Municipality on Mapping Administration (Decree No. 〔2010〕24 of the People’s Government of Guangzhou   Municipality)

  16

  gz1231015

  The municipal land resources and urban planning   committee

  Filing for record of municipal- or county-level   schematic maps (samples or sample maps) not cross prefecture-level   municipalities

  Article   41 of the Mapping Regulations of   Guangdong Province (Announcement No. 63 of the standing committee of the   provincial people’s congress in 2011).

  17

  gz1222001

  The municipal land resources and urban planning   committee

  Preliminary Examination of Level C/D Mapping   Qualification

  1. Article 5 of the Provisions for Administration of Mapping Qualification (State   Mapping Administration No. [2009] 13).

  2. Articles 4 and 20 of the Measures of Guangzhou Municipality on   Mapping Administration (Decree No. 〔2010〕24 of the People’s Government of Guangzhou   Municipality)

   Forwarding according to procedures.

  18

  gz1244001

  The municipal land resources and urban planning   committee

  Examination and approval of relocation of surveying   marks

  List of the Fourth-Round Adjustments by   the People’s Government of Guangdong Province to Items Requiring   Administrative Examination and Approval (Decree No. 142 of the People’s Government of   Guangdong Province in 2009): Item 10 under “(II) Items Requiring   Administrative Examination and Approval Delegated to a Lower Level for   Implementation” under “IIII. List of Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Changes   the Way to Manage”

  19

  gz1244005

  The municipal land resources and urban planning   committee

  Review of Changes in the Purpose of Land for   Construction within the provincial purview

  List of the Fourth-Round Adjustments by   the People’s Government of Guangdong Province to Items Requiring   Administrative Examination and Approval (Decree No. 142 of the People’s Government of   Guangdong Province in 2009): Item 14 under “(II) Items Requiring   Administrative Examination and Approval Delegated to a Lower Level for   Implementation” under “IIII. List of Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Changes   the Way to Manage”

  20

  gz1244007

  The municipal land resources and urban planning   committee

  Map Review

  1. List   of the Fourth-Round Adjustments by the People’s Government of Guangdong   Province to Items Requiring Administrative Examination and Approval (Decree   No. 142 of the People’s Government of Guangdong Province in 2009): Item 16   under “(II) Items Requiring Administrative Examination and Approval Delegated   to a Lower Level for Implementation” under “IIII. List of Items Requiring   Administrative Examination and Approval that the Provincial Government   Decides to Changes the Way to Manage”

  2. Circular   on the Opinion Concerning Regulating Items Requiring Examination and Approval   with Respect to the Review Schematic Maps of County-level Cities(Guangdong   Land Resources Mapping Administration No. [2010] 208).

  21

  gz1244008

  The municipal land resources and urban planning   committee

  Approval of Level D Mapping Qualification

  List of the Fourth-Round Adjustments by   the People’s Government of Guangdong Province to Items Requiring   Administrative Examination and Approval (Decree No. 142 of the People’s Government of   Guangdong Province in 2009): Item 17 under “(II) Items Requiring   Administrative Examination and Approval Delegated to a Lower Level for   Implementation” under “IIII. List of Items Requiring Administrative Examination   and Approval that the Provincial Government Decides to Changes the Way to   Manage”

  22

  gz1244015

  The municipal land resources and urban planning   committee

  Issuance of Level C/D Mapping Operation Certificates

  List of Items Subject to Administrative   Examination and Approval System Reform of the People’s Government of   Guangdong Province in 2012 (The First Batch) (Decree No. [2012] 169 of the People’s Government of   Guangdong Province): Item 23 under “III. Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Delegate   to a Lower Level for Implementation”

  23

  gz1244016

  The municipal land resources and urban planning   committee

  Identification of geological relics

  List of Items Subject to Administrative   Examination and Approval System Reform of the People’s Government of   Guangdong Province in 2012 (The Second Batch) (Decree No. [2012] 172 of the People’s Government of   Guangdong Province): Item 2 under “III. Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Delegate   to a Lower Level for Implementation”.

  24

  gz2511001

  The municipal land resources and urban planning   committee

  Issuance of permission notes for location for construction   projects

  1. Article 36 of the Law on Urban and Rural Planning (Order No. [2008] 74 of the   Chairman of the People’s Republic of China).

  2. Article 30 of the Regulations of Guangzhou Municipality on Urban and Rural Planning (Announcement   No. 56 of the Standing Committee of the Municipal People’s Congress in 2014).

  Items   delegated to a lower level include: national, provincial and municipal key   landmark public construction projects, and key municipal infrastructure   construction projects throughout the Municipality.

  25

  gz2511002

  The municipal land resources and urban planning   committee

  Issuance of land use planning permit for construction   projects

  1. Article 37 of the Law on Urban and Rural Planning (Order No. 74 of the Chairman of   the People’s Republic of China in 2008).

  2. Articles 30, 32 and 34   of the Regulations of Guangzhou   Municipality on Urban and Rural Planning (Announcement No. 56 of the   Standing Committee of the Municipal People’s Congress in 2014).

  Items   delegated to a lower level include: national, provincial and municipal key   landmark public construction projects, and key municipal infrastructure   construction projects throughout the Municipality.

  26

  gz2511003

  The municipal land resources and urban planning   committee

  Issuance of planning permit for construction projects

  1. Article 40 of the Law on Urban and Rural Planning (Order   No. 74 of the Chairman of the People’s Republic of China in 2008).

  2. Article 30 of the Regulations of Guangzhou Municipality on Urban and Rural Planning (Announcement   No. 56 of the Standing Committee of the Municipal People’s Congress in 2014).  

  Items   delegated to a lower level include: national, provincial and municipal key   landmark public construction projects, and key municipal infrastructure   construction projects throughout the Municipality.

  27

  gz1311002

  The municipal bureau of environmental protection

  Acceptance of Pollution Prevention and Control   Facilities in Construction Projects

  1. Article 41 of the Law on Environmental Protection (Order   No. 22 of the Chairman of the People’s Republic of China in 1989; amended in   2014).

  2. Article 20 of the Regulations on the Administration of   Environmental Protection for Construction Projects (State Council Decree   No. [1998] 253).

  Items   delegated to a lower level include: Municipal and provincial key projects,   including the item “acceptance of Pollution Prevention and Control Facilities   in Construction Projects” delegated by the provincial level.

  28

  gz1431001

  The municipal housing and urban and rural   construction committee

  With regard to the projects requiring bid invitation   according to law, filing of bidding information for record (construction   projects invested in by the municipal government, and construction projects   jointly invested by the municipal and district government with municipal   investment occupying a dominant position).

  1. No. 47 of the Bidding Law of the People’s Republic of   China (Order No. [1999] 21 of the Chairman of the People’s Republic of   China).

  2. Article 21 of the Measures on Administration of Bidding for   Design of Construction Projects (Construction Municipality No.〔2008〕63).

  3. Article 45 of the Measures on Administration of Bidding for   Construction of Building and Municipal Infrastructure Engineering (Decree   No. [2001] 89 of the Ministry of Construction)

  4. Article 54 of the Measures on Bidding for Goods for   Construction Projects (Decree No. (2005) 27 by seven ministries and   commissions including the National Development and Reform Commission and the   Ministry of Construction; amended in 2013).

  1. With regard to housing construction   projects and general construction projects, except for construction projects   invested in with fiscal funds, construction projects controlled or directed   by State-owned funds and collective funds, infrastructure construction   projects and utilities construction projects, project owners may, in their   discretion, decide the scope for bid invitation, the bid invitation method,   and the organization and form of bid invitation, and shall invite bids   according to law.  After contract award,   project owner shall file the construction project contract with the competent   administrative department of construction for record, and go through the   formalities on application for a construction permit according to law as   required. With regard to other projects requiring bid invitation according to   law, bid invitation documents and bid invitation results shall be filed with   the competent administrative department of construction for record as   required.

  2. The municipal uniform construction   project contract filing system shall be used.

  29

  gz1431002

  The municipal housing and urban and rural   construction committee

  Filing of construction hoisting machinery for record

  1. Article 35 of the Regulations on the Administration of Work   Safety in Construction Projects (State Council Decree No. [2003] 393).

  2. Article 25 of the Regulations on the Safety Supervision on   Special Equipment (State Council Decree No. [2009] 549).

  3. Articles 5 and 27 of the   Provisions for the Supervision and   Administration on Construction Hoisting Machinery (Decree No. [2008] 166   of the Ministry of Construction).

  4. Circular of the Department of Construction of Guangdong Province on   Establishing a Province-wide Construction Hoisting Machinery Registration   Management System (Guangdong Construction Safety Document No. [2007] 88).  

  5. Circular of the Department of Construction of Guangdong Province on   Formally Putting into Use Guangdong Provincial Construction Hoisting   Machinery and Special Operator Management System (Guangdong Construction   Safety Circular No. [2008] 273).

  Items delegated   to a lower level include: construction projects invested in by the municipal   government, and construction projects jointly invested by the municipal and   district government with municipal investment occupying a dominant position.

  30

  gz1431003

  The municipal housing and urban and rural   construction committee

  Filing of the installation and dismantling of   construction hoisting machinery

  1. Article 35 of the Regulations on the Administration of Work   Safety in Construction Projects (State Council Decree No. [2003] 393).

  2. Article 25 of the Regulations on the Safety Supervision on   Special Equipment (State Council Decree No. [2009] 549).

  3. Articles 5 and 27 of the   Provisions for the Supervision and   Administration on Construction Hoisting Machinery (Decree No. [2008] 166   of the Ministry of Construction).

  4. Circular of the Department of Construction of Guangdong Province on   Establishing a Province-wide Construction Hoisting Machinery Registration   Management System (Guangdong Construction Safety Document No. [2007] 88).  

  5. Circular of the Department of Construction of Guangdong Province on   Formally Putting into Use Guangdong Provincial Construction Hoisting   Machinery and Special Operator Management System (Guangdong Construction   Safety Circular No. [2008] 273).

  Items   delegated to a lower level include: construction projects invested in by the   municipal government, and construction projects jointly invested by the   municipal and district government with municipal investment occupying a   dominant position.

  31

  gz1431007

  The municipal housing and urban and rural   construction committee

  Filing of final acceptance of construction projects   for record

  1. Article 49 of the Regulations on the Administration of the   Quality of Construction Projects (State Council Decree No. [2000] 279.

  2. Interim Measures on the Administration of the Filing of Final   Acceptance of Building and Municipal Infrastructure Projects (Decree No.   [2000] 78 of the Ministry of Construction; amended in 2009).

  Items   delegated to a lower level include: construction projects invested in by the   municipal government, and construction projects jointly invested by the   municipal and district government with municipal investment occupying a   dominant position.

  32

  gz1431008

  The municipal housing and urban and rural   construction committee

  Filing of bid invitation documents for construction   projects (construction projects invested in by the municipal government, and   construction projects jointly invested by the municipal and district   government with municipal investment occupying a dominant position.)

  1. Article 15 of the Measures on Bidding for Surveying and Design of Construction Projects   (Decree No. [2003] 2 by eight ministries and commissions including the   National Development and Reform Commission and the Ministry of Construction;   amended in 2013).

  2. Article 7 of the Measures on the Administration of Bidding for Design of Construction   Projects (Decree No. 82 of the Ministry of Construction in 2000).

  3. Article 17 of the Measures of Guangzhou Municipality on the Administration of Bidding   for Construction Projects (Decree (Guangzhou Construction) No. 69 in   2010).

  1. With regard to housing construction   projects and general construction projects, except for construction projects   invested in with fiscal funds, construction projects controlled or directed   by State-owned funds and collective funds, infrastructure construction   projects and utilities construction projects, project owners may, in their   discretion, decide the scope for bid invitation, the bid invitation method,   and the organization and form of bid invitation, and shall invite bids   according to law.  After contract   award, project owner shall file the construction project contract with the   competent administrative department of construction for record, and go   through the formalities on application for a construction permit according to   law as required. With regard to other projects requiring bid invitation   according to law, bid invitation documents and bid invitation results shall   be filed with the competent administrative department of construction for   record as required.

  2. The municipal uniform construction   project contract filing system shall be used.

  33

  gz1431011

  The municipal housing and urban and rural   construction committee

  Filing of construction project contracts for record

  1. Article 47 of the Measures on Administration of Bidding for Construction of Building   and Municipal Infrastructure Engineering (Decree No. [2001] 89 of the   Ministry of Construction).

  2. Article 39 of the Measures of Guangzhou Municipality on the Administration of Bidding   for Construction Projects (Decree (Guangzhou Construction) No. 69 in   2010).

  3. Article 21 of the Interpretation on Issues Concerning the Application of Laws to the   Trial of Building Construction Contract Dispute Cases (Law Interpretation   No. 14 of 2004).

  4. The Decision   of the People’s Government of Guangzhou Municipality on Cancelling, Adjusting   and Retaining Items Requiring Administrative Examination, Approval and Filing   (Decree No. 〔2013〕90 of the   People’s Government of Guangzhou Municipality).

  5. Articles 4 and 19 of the Measures on Administration of the Pricing   of the Out-Contracting and Contracting of Building Construction (Decree   No. 16 of the Ministry of Construction in 2013).

  6. Decision of the People’s Government of   Guangzhou Municipality on Adjusting a Batch of Items Requiring Administrative   Examination, Approval and Filing (Decree No. 〔2014〕14 of the People’s Government of Guangzhou   Municipality).

  1. With regard to housing   construction projects and general construction projects, except for   construction projects invested in with fiscal funds, construction projects   controlled or directed by State-owned funds and collective funds,   infrastructure construction projects and utilities construction projects,   project owners may, in their discretion, decide the scope for bid invitation,   the bid invitation method, and the organization and form of bid invitation,   and shall invite bids according to law.    After contract award, project owner shall file the construction   project contract with the competent administrative department of construction   for record, and go through the formalities on application for a construction   permit according to law as required. With regard to other projects requiring   bid invitation according to law, bid invitation documents and bid invitation   results shall be filed with the competent administrative department of   construction for record as required.

  2. The municipal uniform   construction project contract filing system shall be used.

  34

  gz1431013

  The municipal housing and urban and rural   construction committee

  Filing for record of the production accident and   emergency response plans of construction enterprises

  1. No. 33 of the Work Safety Law of the People’s Republic of China (Order No.   [2002] 70 of the Chairman of the People’s Republic of China; amended in   2014).

  2. Article 4 of the Measures on the Administration of Production Accident and Emergency   Response Plans (Decree No. 17 of the State Administration of Work Safety   in 2009; amended in 2013).

  3. The Decision   of the People’s Government of Guangzhou Municipality on Cancelling, Adjusting   and Retaining Items Requiring Administrative Examination, Approval and Filing   (Decree No. 〔2013〕90 of the   People’s Government of Guangzhou Municipality).

  35

  gz1511008

  The municipal communications commission

  Examination and approval of the occupation and   utilization of highways, land for highways, and highway-affiliated facilities

  1. Articles 8, 44 and 45 of the Highway Law (Order No. 86 of the   Chairman of the People’s Republic of China in 1997; amended in 1999, 2004 and   2009).

  2. Article 9 of the Regulations on the Protection of Highway Safety (State Council   Decree No. 593 in 2011).

  3. Articles 3 and 21 of the Highway Regulations of Guangdong Province (Announcement   No. 155 of the standing committee of the provincial people’s congress in   2003; amended in 2008 and 2012).

  4.   List of the Fourth-Round Adjustments by the People’s Government of Guangdong   Province to Items Requiring Administrative Examination and Approval (Decree   No. 142 of the People’s Government of Guangdong Province in 2009): Item 28   under “(II) Items Requiring Administrative Examination and Approval Delegated   to a Lower Level for Implementation” under “IIII. List of Items Requiring   Administrative Examination and Approval that the Provincial Government   Decides to Changes the Way to Manage”

  Other   than highways under the direct management and maintenance at the municipal   level

  36

  gz1511009

  The municipal communications commission

  Examination and approval of erection of non-highway   signs within the area of the land for highways

  1. Articles 8 and 54 of the Highway Law (Order No. 86 of the   Chairman of the People’s Republic of China in 1997; amended in 1999, 2004 and   2009).

  2. List   of the Fourth-Round Adjustments by the People’s Government of Guangdong   Province to Items Requiring Administrative Examination and Approval (Decree   No. 142 of the People’s Government of Guangdong Province in 2009): Item 29   under “(II) Items Requiring Administrative Examination and Approval Delegated   to a Lower Level for Implementation” under “IIII. List of Items Requiring   Administrative Examination and Approval that the Provincial Government   Decides to Changes the Way to Manage”

  3. List   of the Fourth-Round Adjustments by the People’s Government of Guangdong   Province to Items Requiring Administrative Examination and Approval   (Decree No. 142 of the People’s Government of Guangdong Province in 2009):   Item 14 under “(I) Items Requiring Administrative Examination and Approval   Entrusted for Management” under “IIII. List of Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Changes   the Way to Manage”

  Other   than highways under the direct management and maintenance at the municipal   level.

  37

  gz1511010

  The municipal communications commission

  Examination and approval of the laying of pipe (rod)   lines, cables and other facilities within the building control areas on both   sides of highways

  1. Articles 8 and 56 of the Highway Law (Order No. 86 of the   Chairman of the People’s Republic of China in 1997; amended in 1999, 2004 and   2009).

  2. Article 16 of the Regulations on Road Administration (Decree No. 2 of the Ministry   of Transport in 2003).

  Other   than highways under the direct management and maintenance at the municipal   level.

  38

  gz1611005

  The municipal water affairs bureau

  Examination and approval of water intaking permission  

  1. Article 7 of the Water Law of the People’s Republic of China (Order No. 74 of the   Chairman of the People’s Republic of China in 2002).

  2. Article 2 of the Regulations on Administrative of Water Intaking Licensing and Water   Resources Fee Collection (Decree No. 460 of the State Council in 2006).

  3. Article 3 of the Measures on Administration of Water Intaking Permission (Decree   No. 34 of the Ministry of Water Resources in 2008).

  4. Article 22 of the Measures of Guangdong Province on Implementing the Water Law of the   People’s Republic of China (adopted by the standing committee of the   provincial people’s congress in 2014).

   Delegated items include daily intaking of   surface water of not less than 50 thousand cubic meters but not more than 150   thousand cubic meters

  39

  gz1611008

  The municipal water affairs bureau

  Examination and approval of the relocation,   discarding and repair of water conservation facilities

  Articles   10, 14 and 24 of the Regulations of   Guangdong Province on the Administration of Water Conservation Works   (promulgated by the standing committee of the provincial people’s congress in   1999)

  Including   key water conservation facilities.

  40

  gz1611011

  The municipal water affairs bureau

  Examination and approval of the water and soil   conservation plans for development and construction projects

  Article   25 of the Law of the People’s Republic   of China on Water and Soil Conservation (Order No. 39 of the Chairman of   the People’s Republic of China in 2010).

  Examination   and approval of the water and soil conservation plans for production and   construction projects at the municipal level, which may cause soil and water   loss, in mountain areas, hilly areas, wind-sandy areas and other areas   defined in water and soil conservation plans and prone to water and soil loss  

  41

  gz3111010

  The municipal administration of forestry and   gardening

  Examination and approval of tree felling, migration   or pruning

  Articles   39, 40 and 53 of the Regulations of   Guangzhou Municipality on Greening (Announcement No. 6 of the standing   committee of the municipal people’s congress in 2012).

  Items   delegated to a lower level include: examination and approval of the felling   or relocation of at least twenty trees and ancient and famous trees or their   subsequent resources.

  42

  gz3111014

  The municipal administration of forestry and   gardening

  Examination and approval of preliminary design of   greening projects

  Article   24 of the Regulations of Guangzhou   Municipality on Greening (Announcement No. 6 of the standing committee of   the municipal people’s congress in 2012).

  43

  gz1821001

  The municipal commission of commerce

  Examination and approval of the processing trade   business

  1. Article 5 of the Circular Concerning Printing and Distributing the Interim Measures on   the Administration of Processing Trade Examination and Approval (Decree   No. [1999] 314 of the Ministry of Foreign Trade and Economic Cooperation).

  2. Article 3 of the Circular Concerning Printing and Distributing the Interim Measures on   the Administration of Examination and Approval of Processing Trade and   Domestic Sales of Bonded Imported Materials(Decree No. [1999] 315 of the   Ministry of Foreign Trade and Economic Cooperation).

  3.   Circular of the General Office of the Ministry of Commerce Concerning Further   Doing Well in Processing Trade Examination and Approval Work(Commerce   Machinery Electronics No. [2004] 7).

  4. Circular   Concerning Printing and Distributing the Interim Measures on the   Administration of Processing Trade Examination and Approval on Enterprises   Implementing Supervision through Computer Networking (Decree No. [2001]   594 of the Ministry of Foreign Trade and Economic Cooperation).

  5. Circular   of the General Office of the Ministry of Commerce Concerning Further Doing   Well in Processing Trade Examination and Approval Work(Commerce Machinery   Electronics No. [2004] 7).

  6.   Circular Concerning Issues on Processing Trade and Imported Equipment   (Decree No. [1998] 383 of the Ministry of Foreign Trade and Economic   Cooperation).

  44

  gz1844002

  The municipal commission of commerce

  Permission for factory vehicles of foreign-funded   enterprises and processing on order enterprises for self-delivery of   self-produced goods from or to Hong Kong/Macao

  List of Items Subject to Administrative   Examination and Approval System Reform of the People’s Government of   Guangdong Province in 2012 (The Second Batch) (Decree No. [2012] 172 of the People’s Government of   Guangdong Province): Item 10 under “III. Items Requiring Administrative   Examination and Approval That the Provincial Government Decides to Delegate   to a Lower Level for Implementation”

  45

  gz2611002

  The municipal urban management committee

  (implemented by the municipal refuse and clay residue   management division)

  Approval of the disposal of urban construction waste

  1. Item 101 in the   Decision of the State Council on Setting Administrative Licensing for Items   Requiring Administrative Examination and Approval and Necessary for   Reservation(State Council Decree No. 412 in 2004; amended in 2009).

  2. Article 7 of   the Provisions for the Administration   of Urban Construction Waste (Decree   No. 139 of the Ministry of Construction in 2005.

  3. The Regulations   of the Ministry of Construction on the Conditions for the Fifteen Items of   Administrative Licensing That are Included in the Decisions of the State   Council (Decree No.[2004] 135 of the Ministry of Construction)

  4. Article 9 of the Regulations of Guangzhou Municipality on the Administration of   Construction Waste (Announcement No. 7 of the Standing Committee of the   Municipal People’s Congress in 2012).

  5. Article 25 of the Regulations of Guangzhou Municipality on the Administration of Urban   Appearance and Environmental Protection on Waters (Announcement No. 42 of   the standing committee of the municipal people’s congress in 2014).

  46

  gz2631001

  The municipal urban management committee

  (implemented by the municipal refuse and clay residue   management division)

  Filing for record of operation of transfer terminals   for water transport of construction waste

  The Regulations of Guangzhou Municipality on   the Administration of Construction Waste (Announcement No. 7 of the   Standing Committee of the Municipal People’s Congress in 2012)

  47

  gz3011002

  The municipal administration for industry and   commerce

  Company (or enterprise legal person) registration   [other than the registration of foreign-funded companies (or enterprise legal   persons) with a total investment amount of no more than USD 50 million and in   the encouraged or permitted category]

  1. Articles 6, 12, 13, 180, 189 and 218 of   the Company Law(Order No. 42 of the   Chairman of the People’s Republic of China in 2005)

  2. The first paragraph of Article 2,   Article 17, Article 18 and Article 87 of the Regulations on the Administration of Company Registration (State   Council Decree No. 451 in 2005).

  3. Article 2, Article 4 and the first   paragraph of Article 5 of the Measures   of the State Administration for Industry and Commerce on Implementing the   Administration of Enterprise Name Registration (SAIC Decree No. 10 in   2004).

  4. Articles 5 and 12 of the Measures on the Administration of Name   Registration for Individual Businesses (Decree No. 38 of the SAIC in 2008).  

  5. Circular   on Further Delegating the Examination and Approval Authority for the   Registration of a Part of Enterprises (Guangzhou Business No. 58 in   2009).

  6. Circular   on Further Delegating the Examination and Approval Authority for the   Registration of a Part of Enterprises (Guangzhou Business No. 58 in   2009).

  1. With regard to company (or enterprise   legal person) registration, an applicant may, at its option, elect to go to   the municipal administration for industry and commerce or to Nansha administration   for industry and commerce to go through formalities.

  2. With regard to municipal-level   enterprise name pre-approval, the power of acceptance and the power of   preliminary examination will be delegated to Nansha administration for   industry and commerce.

  48

  gz3056008

  The municipal administration for industry and   commerce

  Outdoor advertising registration

  The Decision of the State Council on Canceling   and Adjusting Items Requiring Administrative Examination and Approval (The   Sixth Batch) (State Council Decree No.〔2012〕52): Item 56 under “(I) Items Requiring   Administrative Examination and Approval that the State Council Decides to   Delegate to a Lower Level for Management” under “II. List of Items Requiring   Administrative Examination and Approval that the State Council Decides to   Adjust”.

  Registration   of the outdoor advertising within the area of GDFTZ (Nansha) shall be   implemented by Nansha administration for industry and commerce.

  49

  gz3311001

  Guangzhou Food and Drug Administration

  Examination and approval of retail of Class II   Psychotropic Drug

  1. Article 31 of the Regulations on the Control of Narcotic Drugs and Psychotropic Drugs   (State Council Decree No. 442 in 2005).

  2. Class II in the Psychotropic Drugs Variety Catalogue.

  50

  gz3331002

  Guangzhou Food and Drug Administration

  Filing of Class I Medical Device Products

  Article   8 and the first paragraph of Article 10 of the Regulation on the Supervision and Administration of Medical Devices   (State Council Decree No. 276 in 2000; amended in 2014)

  51

  gz3331003

  Guangzhou Food and Drug Administration

  Filing of Class I Medical Device Manufacturers

  Article   21 of the Regulation on the Supervision   and Administration of Medical Devices (State Council Decree No. 276 in   2000; amended in 2014)

  52

  gz3321001

  Guangzhou Food and Drug Administration

  Examination and approval of purchase and use of toxic   drugs for teaching, scientific research and medical use

  The   first paragraph of Article 10 of the Measures   on the Control of Toxic Drugs for Medical Use (State Council Decree No.   23 in 1988).

  53

  gz3356010

  Guangzhou Food and Drug Administration

  GSP certification of drug retail enterprises

  The Decision of the State Council on Canceling   and Adjusting the Sixth Batch of Items Requiring Administrative Examination   and Approval (State Council Degree No. (2012) 52): Item 112 under “(I)   Items Requiring Administrative Examination and Approval that the State   Council Decides to Delegate to a Lower Level for Administration” under “II.   List of Items Requiring Administrative Examination and Approval that the   State Council Decides to Adjust”

  54

  gz3356011

  Guangzhou Food and Drug Administration

  Issuance of Certificate of Transport of Narcotic   Drugs and Class I Psychotropic Drugs

  The Decision of the State Council on Canceling   and Adjusting the Sixth Batch of Items Requiring Administrative Examination   and Approval (State Council Degree No. (2012) 52): Item 113 under “(I)   Items Requiring Administrative Examination and Approval that the State   Council Decides to Delegate to a Lower Level for Administration” under “II.   List of Items Requiring Administrative Examination and Approval that the   State Council Decides to Adjust”

  55

  gz3356012

  Guangzhou Food and Drug Administration

  Issuance of Certificate of Mailing of Narcotic Drugs   and Psychotropic Drugs

  The Decision of the State Council on Canceling   and Adjusting the Sixth Batch of Items Requiring Administrative Examination   and Approval (State Council Degree No. (2012) 52): Item 114 under “(I)   Items Requiring Administrative Examination and Approval that the State   Council Decides to Delegate to a Lower Level for Administration” under “II.   List of Items Requiring Administrative Examination and Approval that the   State Council Decides to Adjust”

  56

  gz3344001

  Guangzhou Food and Drug Administration

  Issuance of free sale certificate

  1. Circular of the State Food and Drug Administration on Printing and   Distributing the Provisions for Administration on Free Sale Certificate   Issuance (SFDA Safety No.〔2001〕225).

  2. Circular   of Guangdong Provincial Food and Drug Administration on Delegating the Free   Sale Certificate Examination and Approval Authority to a Lower Level (FDA   No. [2013] 52).

  57

  gz5144001

  The municipal financial supervisory authority

  Examination and approval of changes in financing guarantee   companies (change in name or ownership, inter-municipality change in   corporate domicile, change in business scope, split or merger)

  List of Items Subject to Administrative   Examination and Approval System Reform of the People’s Government of Guangdong   Province in 2012 (The First Batch) (Decree No. [2012] 169 of the People’s Government of   Guangdong Province): Item 102 under “III. Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Delegate   to a Lower Level for Implementation”

  58

  gz5144002

  The municipal financial supervisory authority

  Examination and approval of changes in small-loan   companies

  List of Items Subject to Administrative   Examination and Approval System Reform of the People’s Government of Guangdong   Province in 2012 (The First Batch) (Decree No. [2012] 169 of the People’s Government of   Guangdong Province): Item 103 under “III. Items Requiring Administrative   Examination and Approval that the Provincial Government Decides to Delegate   to a Lower Level for Implementation”