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Decision of the People’s Government of Guangzhou Municipality to Shift Administrative Powers From the Municipal Level to the District Level
(Issued on December 29, 2017 in accordance with Decree No. 157 of the People's Government of Guangzhou Municipality and put into effect on December 29, 2017)
In order to accelerate the transformation of government functions, deepen the reform of the administrative system and the reform of the administrative examination and approval system, and vigorously expand the economic and social administrative powers of districts (including the Guangzhou Development District, the Nansha Development District [the Free Trade Zone Nansha Area], the Zengcheng Development Zone and the Guangzhou Airport Economic Zone, the same below), improve the corresponding safeguard measures, and fully mobilize the enthusiasm, initiative and creativity of districts, effectively improve the regional development capacity and form a strong joint force to promote the overall level of the construction of our municipality as a national key central city, the municipal government has decided to shift 143 administrative powers (covering 32 administrative licensing items, 11 administrative filing items, 58 administrative penalty items, 1 administrative expropriation item, 1 administrative inspection item, 3 administrative confirmation items, 1 administrative ruling item, and 36 other powers) from the municipal level to the district level, of which 107 items are delegated and 36 items are entrusted to districts. The term of implementation for entrusted items is tentatively fixed at 1 year. Upon expiration of the term of implementation, the municipal government will decide whether or not to extend it according to the evaluation of the effects of such implementation. District governments and relevant municipal government sectors shall attach great importance to the delegation of powers and the enhancement of zones/districts, conscientiously organize the implementation of such adjustments of administrative powers, and effectively do well in the prevention and control of possible regulatory risks, so as to ensure that the relevant municipal administrative powers can be delegated, taken over and managed well.
1. Actively and steadily fulfill transition and implementation
Within 30 working days from the date of promulgation of this Decision, each relevant municipal authority shall complete the handover work with the district authority with respect to the items being adjusted, except otherwise provided. For an item delegated for implementation, from the date of delegation, the relevant legal responsibilities shall also be assumed by the corresponding district authority, and the municipal authority shall be responsible for the daily supervision and inspection on the implementation of relevant administrative powers. For an item entrusted for implementation, the relevant municipal and district authorities shall sign a written entrustment agreement on the basis of full studies and consultation, detailing the specific content of the entrusted item, the way of execution, the rights and obligations of the two parties, the division of responsibility, the regulatory measures, the period of entrustment, etc. After an item is delegated or entrusted, the relevant municipal authority shall promptly announce to the public the district authority undertaking the item, the date of handover, and the specific content and responsibilities with respect to the item. From the date of handover, the undertaking authority of each district shall be responsible for handling related matters, and the relevant municipal authority shall continue to complete the handling of each matter if already accepted by it. Within 10 working days from the date of completion of the handover work, the relevant municipal authority shall submit the relevant information to the municipal organizational structure office for filing.
2. Strengthen training, guidance, supervision and administration
Each relevant municipal authority shall work out a work plan for the handover of an administrative power item, and shall also hand over the relevant laws and regulations, documents, forms, certificate and standardization results with respect to the item being adjusted for implementation, and improve the examination and approval standards, technical specifications and so on with respect to the item in time. If the use of any provincial vertical information system is involved or the business docking with any provincial authority is required, the relevant municipal authority shall help districts with coordination and transition. For any item the implementation by the original municipal authority requires advice from other relevant municipal authorities, it is necessary to do well in horizontal and vertical transition and ensure that the implementation is in place. It is necessary to strengthen the business guidance and training for the undertaking departments of districts. For any administrative licensing item entrusted for implementation, it is necessary to facilitate the work of each entrusted authority by providing the special approval numbers and seals and the blank text samples bearing such approval seals. It is necessary to closely track the implementation of items being adjusted, to strengthen the regulation of item being adjusted for implementation, in such ways as routine inspection and random inspection, and timely point out the problems existing in the undertaking district authorities. It is necessary to carry out regular assessments on the implementation, and to put forward recommendations on the adjustment and improvement of the implementation of items to the municipal government according to the assessment results.
3. Do well in implementation according to law
Each district government shall earnestly strengthen its leadership, incorporate the municipal administrative powers undertaken by it into the list of government powers and responsibilities for administration timely, make clear the division of roles, and ensure the relevant responsibilities are to be put in place. Relevant district authorities are subject to more supervision and administration. They shall make corrections for and be held accountable for the problems found therein. In the course of transition, each relevant district undertaking authority shall develop specific implementing measures, actively cooperate with the relevant municipal authority in fulfilling the transition and implementation with respect to the item being adjusted for implementation, regulate strictly regulate the way it do things according to law, simplify the procedures, optimize the processes, make clear the time limits, and provide efficient and convenient services for the enterprises and the masses. As for an administrative licensing item being delegated or entrusted for implementation, each relevant district undertaking authority shall report the examination and approval results to the relevant municipal authority in time. Each relevant district undertaking authority shall innovate and strengthen the regulation in process and afterwards, take effective measures to speed up the establishment and improvement of the disciplinary system for dishonesty, and make use of information technology to improve the effectiveness of regulation. Each relevant district undertaking authority shall deepen the reform continuously, and if the administrative effect can be achieved through the regulation in process and afterwards, may seek to relax relevant administrative licensing to a certain extent and in a certain field, so as to provide experience for the whole municipality to deepen the reform.
Each district authority shall directly report to the municipal organizational structure office any and all problems encountered in its implementation and any and all suggestions and advice.
Annex: Catalogue of Administrative Powers Shifted From the Municipal Level to the District Level in Guangzhou (Totally 143 items)
Annex:
Catalogue of Administrative Powers Shifted From the
Municipal Level to the District Level
(Totally143 Items)
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
1 | Administrative licensing | Municipal government (Implemented by the municipal land resources and planning commission) | State-owned construction land supply examination and verification | Delegated to administrative districts for implementation | To be entrusted and delegated by the municipal government by category and step by step, except otherwise authorized by regulations |
2 | Administrative licensing | Municipal government (Implemented by the municipal land resources and planning commission) | Rural villager residential land examination and verification | Delegated to administrative districts for implementation | To be entrusted and delegated by the municipal government by category and step by step, except otherwise authorized by regulations |
3 | Administrative expropriation | Municipal government (Implemented by the municipal land resources and planning commission) | Repossession of the right to use state-owned land | Delegated to administrative districts for implementation | |
4 | Others | Municipal government (Implemented by the municipal land resources and planning commission) | Examination and approval of the modification of town-level overall land utilization plans | Entrusted to Nansha District for implementation | |
5 | Others | Municipal government (Implemented by the municipal land resources and planning commission) | Examination and verification of the land for rural economic development/rural infrastructure and public facilities | Delegated to administrative districts for implementation | To be entrusted and delegated by the municipal government by category and step by step, except otherwise authorized by regulations |
6 | Others | Municipal government (Implemented by the municipal land resources and planning commission) | Examination and approval of regulatory plans | Entrusted to Huangpu District (outside the Guangzhou Development District) and Zengcheng District for implementation; the Guangzhou Development District Management Committee and the administrative authority of Nansha New District are authorized to excise the power according to local regulations | |
7 | Others | Municipal government (Implemented by the municipal land resources and planning commission) | Examination and approval of the deepening and optimization of regulatory plans in industrial blocks | Entrusted to administrative districts for implementation | Referring to the detailed design and optimized layout of specific land parcels, provided that the basic structure of the municipal trunk road is maintained, that the areas of industrial land, infrastructure land and land for public service facilities are not reduced, and that the overall compulsory indicators and land use proportion requirements in regulatory plans for inside industrial blocks are complied with. |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
8 | Others | Municipal government (Implemented by the municipal land resources and planning commission) | Examination and approval of modifications of regulatory plans on industrial land for infrastructure/ public service facilities or inside industrial blocks | Entrusted to administrative districts for implementation | Specific circumstances include: 1.Any modification of the lines for, the location of or some technical parameters for any road (excluding cross-district roads) or municipal facilities or of any planning control indexes for land along any line, for the purpose of project implementation, without increasing the total gross floor area determined in the original plan; 2.Any change in the building density and green space rate for land in any non-important areas, in harmony with the surrounding landscape, without increasing the total gross floor area determined in the original plan; 3.Any correction of information related to regulatory plans in case of any information error or omission in regulatory plans; and 4.Any adjustment to the floor-area ratio of any industrial land located in an industrial block beyond the approved regulatory plan but in conformity with the control index requirements and height control requirements in the “Industrial Land FAR/Building Density, Green Space Rate Control Index Table” under the Provisions of Guangzhou Municipality for Urban and Rural Planning Techniques, provided that the developer concerned has obtained the relevant approval documents from the municipal development and reform, and environmental protection departments and the relevant certificates issued by the municipal land reserve agency, other than the recent reserved land plans of the municipal government. |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
9 | Others | The municipal development and reform commission and other examination and approval departments | Examination and approval of projects funded by the municipality and developed by districts | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), Zengcheng Development Zone, Guangzhou Airport Economic Zone | If any project jointly funded by the municipal and district public finances is determined to be implemented by districts, then after the amount of investment is determined by the municipality, all subsequent matters related to examination and approval are delegated to the district concerned for implementation (except otherwise provided for in national and provincial regulations) and the part that is for the account of the municipal public finance shall be transferred to the relevant district and the relevant district shall be solely responsible for the project until the project is completed. |
10 | Administrative filing | The municipal development and reform commission | Filing of commodity housing development projects | Delegated to Huangpu District for implementation | To be handled by the municipal or district competent department, at the option of the enterprise concerned. |
11 | Others | The municipal development and reform commission | Examination and approval of prices and charges subject to government-fixed price/government-guided price administration (referring to the sub-item “examination and approval of private academic education charges for complete secondary schools with senior secondary schools”) | Delegated to administrative districts for implementation | |
12 | Others | The municipal development and reform commission | Issuance of enterprise-invested project confirmation letters (referring to the sub-item “preliminary examination of the tax-exemption confirmation of the export of equipment for domestic projects”) | Adjusted to be implemented by Nansha Development Zone (FTA Nansha Zone) | |
13 | Administrative licensing | The municipal education bureau | Examination and approval of the establishment of schools for children of foreign people | Delegated to administrative districts for implementation | |
14 | Others | The municipal education bureau | Reasonable development by districts of student enrollment plans for district schools in the stage of compulsory education according to actual school conditions | Delegated to administrative districts for implementation | |
15 | Administrative confirmation | The municipal science and technology innovation commission | Recognition of Science and Technology “Little Giant” Enterprises of Guangzhou Municipality | Partially delegated to Nansha District for implementation, with the involvement of the Nansha District Department of Science and Technology |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
16 | Administrative confirmation | The municipal science and technology innovation commission | Recognition of service enterprises with advanced technology | Partially delegated to Nansha District for implementation, with the involvement of the Nansha District Department of Science and Technology | |
17 | Others | The municipal science and technology innovation commission | Establishment of R&D organizations of enterprises in Guangzhou Municipality | Partially delegated to Nansha District for implementation, with the involvement of the Nansha District Department of Science and Technology | |
18 | Administrative licensing | The municipal bureau of public security | Issuance of special trade licenses for pawn broking business | Delegated to administrative districts for implementation | |
19 | Administrative filing | The municipal bureau of public security | Filing of information security classification protection | Entrusted to Tianhe District for implementation | Limited to units under the government of Tianhe District. |
20 | Others | The municipal bureau of finance | Financial investment assessment of the budgets, settlements and final accounts of construction projects solely funded at the municipal level and with districts as implementing units. | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), Zengcheng Development Zone, Guangzhou Airport Economic Zone | |
21 | Others | The municipal bureau of human resources and social security | Initial recognition of professional and technical qualifications of junior college and technical secondary school graduates (intermediate) | Delegated to administrative districts for implementation | |
22 | Administrative licensing | The municipal commission of land resources and planning | Examination of the development of State-owned land in the land reclamation area, the right to use which has not been identified, for production | Delegated to Nansha District for implementation | |
23 | Administrative licensing | The municipal commission of land resources and planning | Pre-examination of the use of land for construction projects | Delegated to Huangpu District for implementation | |
24 | Administrative licensing | The municipal commission of land resources and planning | Approval of Grade-D qualification for surveying and mapping, and preliminary examination of Grade B/D qualification for surveying and mapping | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
25 | Administrative licensing | The municipal commission of land resources and planning | Examination and approval of removal of survey markers | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone | |
26 | Administrative licensing | The municipal commission of land resources and planning | Examination and verification of maps | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone | |
27 | Administrative licensing | The municipal commission of land resources and planning | Issuance of Grade C/D surveying and mapping work permits | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone | |
28 | Administrative filing | The municipal commission of land resources and planning | Filing of the setup of permanent survey markers | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone | |
29 | Administrative filing | The municipal commission of land resources and planning | Filing of the results of surveying and mapping of laid and renewed urban underground pipelines | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone | |
30 | Administrative filing | The municipal commission of land resources and planning | Filing of foreign organizations or individual offices coming to China for surveying and mapping | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone | |
31 | Administrative filing | The municipal commission of land resources and planning | Filing of maps | Adjusted to be implemented by Guangzhou Development District and Zengcheng Development Zone | |
32 | Administrative penalty | The municipal commission of land resources and planning | Purchase and sale or otherwise illegal transfer of land | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
33 | Administrative penalty | The municipal commission of land resources and planning | Illegally building kilns or graves on cultivated land or without authorization, building houses, digging sand, quarrying, mining or collecting earth on or from cultivated land so as to damage the conditions for crop cultivation, or developing land so as to cause desertification or salinization | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
34 | Administrative penalty | The municipal commission of land resources and planning | Refusing to perform land reclamation obligations | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
35 | Administrative penalty | The municipal commission of land resources and planning | Occupying land without approval or with approval obtained by deception | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
36 | Administrative penalty | The municipal commission of land resources and planning | Illegal reclaiming land in an area identified in overall land utilization plans to be prohibited from reclamation. | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
37 | Administrative penalty | The municipal commission of land resources and planning | Damaging or, without authorization, changing prime farmland protection zone signs | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
38 | Administrative penalty | The municipal commission of land resources and planning | Building permanent buildings or constructions on land for temporary use | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
39 | Administrative penalty | The municipal commission of land resources and planning | Without authorization, leasing, transferring or renting for non-agricultural construction uses the use right of land owned by peasant collectives | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
40 | Administrative penalty | The municipal commission of land resources and planning | Refusing to surrender land upon repossession of the right to use State-owned land, refusing to return land upon the expiration of the term of temporary land use, or using State-owned land for any purpose not approved | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
41 | Administrative penalty | The municipal commission of land resources and planning | Any rural villager’s illegally building residences on land without approval or with approval obtained by deceitful means | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
42 | Administrative penalty | The municipal commission of land resources and planning | Reconstructing or expanding any buildings or structures that fail to conform to the intended uses determined in the overall planning for land utilization prior to the formulation of the overall planning for land utilization | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
43 | Administrative penalty | The municipal commission of land resources and planning | Failing to timely restore the conditions for cultivation where a need arises for the temporary occupation of cultivated land for the construction and geological survey of a construction project | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
44 | Administrative penalty | The municipal commission of land resources and planning | Failure by any land reclamation obligor to, according to regulations, additionally prepare land reclamation plans | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
45 | Administrative penalty | The municipal commission of land resources and planning | Failure by any land reclamation obligor to, according to regulations, list land reclamation fees in the production costs or the total investment in construction projects | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
46 | Administrative penalty | The municipal commission of land resources and planning | Failure by any land reclamation obligor to, according to regulations, carry out topsoil stripping on any cultivated land, woodland or grassland to be damaged | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
47 | Administrative penalty | The municipal commission of land resources and planning | Failure by any land reclamation obligor to, according to regulations, report land damage, utilization of land reclamation fees or implementation of land reclamation projects | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
48 | Administrative penalty | The municipal commission of land resources and planning | Failure any land reclamation obligor to pay land reclamation fees that should be paid according to law | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
49 | Administrative penalty | The municipal commission of land resources and planning | Any land reclamation obligor’s refusing or obstructing the supervision and inspection by the competent department of land resources or resorting to deception when accepting supervision and inspection | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
50 | Administrative penalty | The municipal commission of land resources and planning | Any investigated organization or individual refusing or obstructing the investigation by land-surveying personnel; providing false surveying materials; refusing to provide surveying materials; removing, concealing, altering, destroying or abandoning original records, land registers and other relevant materials | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
51 | Administrative penalty | The municipal commission of land resources and planning | Natural ecological environment improvement upon mine suspension or closedown fails to reach standard (Failing to pass the acceptance inspection on closedown of cross-district mines) | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
52 | Administrative penalty | The municipal commission of land resources and planning | Carrying out exploration work without obtaining an exploration license; or carrying out exploration work beyond the approved exploration block | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
53 | Administrative penalty | The municipal commission of land resources and planning | Failure by any mining-right owner to, according to regulations, go through the formalities on mining license change or cancellation | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
54 | Administrative penalty | The municipal commission of land resources and planning | Damaging or, without authorization, removing any boundary markers or landmarks for mine areas | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
55 | Administrative penalty | The municipal commission of land resources and planning | Any geological exploration organization’s concealing facts or providing false materials during qualification examination, or obtaining qualifications for geological exploration by deception, bribery or other improper means | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
56 | Administrative penalty | The municipal commission of land resources and planning | Engaging in geological exploration activities without a valid certificate of geological exploration qualification | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
57 | Administrative penalty | The municipal commission of land resources and planning | Any geological exploration organization ordered for rectification within a stipulated period fails to make rectification within the stipulated period or still fails to comply with requires even after rectification | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
58 | Administrative penalty | The municipal commission of land resources and planning | Failing to go through the formalities on exploration license change registration or cancellation | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
59 | Administrative penalty | The municipal commission of land resources and planning | Failure by any mining-right owner to, according to regulations, pay mining-right use fees or mining-right costs | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
60 | Administrative penalty | The municipal commission of land resources and planning | Mining without a mining license; without authorization, entering and mining in a mining area that is embraced in State plans or that is of great value to the development of the national economy; or without authorization, mining specified minerals of which protective mining is prescribed by the State | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
61 | Administrative penalty | The municipal commission of land resources and planning | Without approval, carrying out progressive exploration and development, exploring mining or test mining | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
62 | Administrative penalty | The municipal commission of land resources and planning | Without authorization, printing, or falsifying or making fraudulent use of an exploration license | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
63 | Administrative penalty | The municipal commission of land resources and planning | Failing to, according to regulations, file or report relevant information; refusing to acceptance supervision and inspection or resorting to deception; failing to complete minimum exploration input; failing to commence construction of any exploration project within six months after the exploration license for the project has been received; or suspending exploration work for at least 6 months if construction has been commenced. | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
64 | Administrative penalty | The municipal commission of land resources and planning | Failing by any exploration-right owner to timely pay relevant fees | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
65 | Administrative penalty | The municipal commission of land resources and planning | Any geological exploration organization’s failing to, according to regulations, go through the formalities on geological exploration qualification change | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
66 | Administrative penalty | The municipal commission of land resources and planning | Failing to engage in geological exploration activities according to the qualification category or grade specified in the geological exploration qualification certificate; presenting false geological exploration reports; subcontracting any geological exploration project undertaken by it; permitting any other organization to engage in geological exploration activities under the organization’s name; carrying out mineral geological exploration activities for any entrusting party before the entrusting party obtains the mineral resource exploration license and the mining license. | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
67 | Administrative penalty | The municipal commission of land resources and planning | Any geological exploration organization’s providing false materials or refusing to acceptance supervision and inspection; | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
68 | Administrative penalty | The municipal commission of land resources and planning | Forging, altering, or transferring a geological exploration qualification certificate | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
69 | Administrative penalty | The municipal commission of land resources and planning | In violation of law, purchasing or selling any mineral products that should be exclusively purchased by the State | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
70 | Administrative penalty | The municipal commission of land resources and planning | Mining beyond the approved mining area | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
71 | Administrative penalty | The municipal commission of land resources and planning | Purchasing, selling, leasing or otherwise transferring mineral resources | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
72 | Administrative penalty | The municipal commission of land resources and planning | Without approval, transferring the exploration right or mining right | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
73 | Administrative penalty | The municipal commission of land resources and planning | Violating the provisions of Item (II) in the Measures for the Administration of Transfer of Exploration Rights and Mining Rights, by, without authorization, transferring the mining right to others, by way of contracting, for mining. | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
74 | Administrative penalty | The municipal commission of land resources and planning | Adopting the destructive mining method to mine mineral resources | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
75 | Administrative penalty | The municipal commission of land resources and planning | Without authorization, printing, or forging or making fraudulent use of a mining license. | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
76 | Administrative penalty | The municipal commission of land resources and planning | Engaging in surveying and mapping activities in violation of the regulations on administration of surveying and mapping qualifications | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
77 | Administrative penalty | The municipal commission of land resources and planning | Any project owner contracting out or subcontracting any surveying and mapping project in violation of law | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
78 | Administrative penalty | The municipal commission of land resources and planning | Failure by any surveying and mapping organization to, according to regulations, submit results of surveying and mapping | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
79 | Administrative penalty | The municipal commission of land resources and planning | Damaging or illegally using any survey marks or surveying facilities | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
80 | Administrative penalty | The municipal commission of land resources and planning | Any surveying and mapping personnel or any surveying and mapping organization engages in any surveying and mapping activities in violation of the regulations on practicing qualification | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
81 | Administrative penalty | The municipal commission of land resources and planning | Unacceptable results of surveying and mapping | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
82 | Administrative penalty | The municipal commission of land resources and planning | Non-conformity of the expression of the content of any map with relevant national regulations, thus causing a serious error | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
83 | Administrative penalty | The municipal commission of land resources and planning | Failure by any surveying and mapping organization to, according to regulations, use surveying and mapping system data or technical specifications | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
84 | Administrative penalty | The municipal commission of land resources and planning | Any foreign organization or individual’s engaging in surveying and mapping activities, without authorization, within the administrative area of the municipality | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
85 | Others | The municipal commission of land resources and planning | Conclusion, modification and termination of State-owned land use right grant contracts, and calculation and collection of land use right grant fees | Delegated to administrative districts for implementation | To be entrusted and delegated by the municipal government by category and step by step, except otherwise authorized by regulations |
86 | Others | The municipal commission of land resources and planning | Disposal of idle land | Delegated to administrative districts for implementation | To be entrusted by the municipal government to district governments for implementation, except otherwise authorized by regulations, specifically, including patrol Inspection, idle land survey, recognition, disposal, default supervision |
87 | Others | The municipal commission of land resources and planning | Handling of formalities on implementation after approval of land expropriation (Land expropriation announcements to be sealed) | Delegated to administrative districts for implementation | |
88 | Others | The municipal commission of land resources and planning | Public grant of right to use industrial land | To be entrusted and delegated by the municipal government by category and step by step, except otherwise authorized by regulations | |
89 | Others | The municipal commission of land resources and planning | Preliminary examination of regulatory plans | Delegated to administrative districts for implementation |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
90 | Others | The municipal commission of land resources and planning | Issuance of the Decision to Order Delivery of Land within a Stipulated Period | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
91 | Others | The municipal commission of land resources and planning | Preparation, submission and announcement of the protection plans for historic conservation areas, historic and cultural landscape areas and historic buildings | Delegated to administrative districts for implementation | |
92 | Administrative licensing | The municipal bureau of environmental protection | Examination and approval of construction project environmental impact reports and report forms | Partially delegated to administrative districts for implementation; partially adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | The municipal level reserves the following project environmental assessment examination and approval powers: 1.The municipal bureau of environmental protection undertakes the examination and approval of the environmental impact reports on construction projects with a significant environmental impact which cease to be subject to the examination and approval by the provincial department of environmental protection under the Notice on Issuing the Catalogue (2017) of Construction Projects the Environmental Impact Reports (or Report Forms) on Which are Subject to the Examination and Approval by the Guangdong Provincial Department of Environmental Protect (Guangdong-Environment No. (2017) 45) 2.The catalogue of cross-district construction projects shall be separately worked out and announced by the municipal bureau of environmental protection. |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
93 | Administrative licensing | The municipal commission of housing and urban-rural development | Approval of construction enterprise qualifications | Partially delegated to administrative districts, Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone for implementation | The following three categories of qualifications are entrusted: 1.Grade-III qualifications in the GC (general contracting) qualification series (not including the Grade-III general contracting qualifications for railway and communication projects, and the Grade-III general contracting qualifications to be examined together with relevant municipal government sectors if any highway, water transport or water conservation is involved) Grade-III qualifications in the professional contracting qualification series (not including the professional contracting qualifications in the railway respect and the Grade-III professional contracting qualifications to be examined together with relevant municipal government sectors if any highway, water transport or water conservation is involved) and ungraded qualifications for professional contracting for formwork and scaffolding 2.Construction labor service qualifications. The municipal level reserves the examination and approval of qualifications within the scope in brackets above. |
94 | Administrative licensing | The municipal commission of housing and urban-rural development | Approval of qualifications of real estate development enterprises (referring to the sub-item “approval of qualifications of real estate development enterprises at Grade III or lower”) | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
95 | Administrative licensing | The municipal commission of housing and urban-rural development | Issuance of building construction permits (referring to the sub-item “issuance of construction permits for large construction projects under the provincial jurisdiction”) | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
96 | Administrative licensing | The municipal commission of housing and urban-rural development | Licensing of the use of bagged cement and site-mixed concrete for construction projects | Delegated to Huangpu District for implementation |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
97 | Administrative licensing | The municipal commission of housing and urban-rural development | Commodity house pre-sale licensing | Delegated to Huangpu District for implementation | |
98 | Administrative filing | The municipal commission of housing and urban-rural development | Filing of final acceptance of construction projects (referring to the sub-item “implementation of the filing of final acceptance of housing/municipal projects for which the construction permits are issued by the provincial administrative department of housing and urban-rural development”) | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
99 | Administrative filing | The municipal commission of housing and urban-rural development | Filing of construction project contracts | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | Cross-district municipal works, urban rail transit works and historically reserved items originally subject to municipal approval or regulation are excluded. |
100 | Administrative filing | The municipal commission of housing and urban-rural development | Filing of production safety contingency response plans of construction enterprises | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
101 | Others | The municipal commission of housing and urban-rural development | Approval of use of proceeds from pre-sale of commodity housing | Delegated to Huangpu District for implementation | |
102 | Administrative licensing | The municipal commission of transport | Examination and approval of the for-profit road transport business of enterprises from HK/Macao (referring to the sub-item “examination and approval of the road freight transport business of enterprises”) | Delegated to districts for implementation | |
103 | Administrative licensing | The municipal commission of transport | Issuance of the practicing qualification certificates for taxi drivers | Delegated to Huadu District, Panyu District, Nansha District, Conghua District and Zengcheng District for implementation | |
104 | Administrative licensing | The municipal commission of transport | Licensing of taxi driver business | Delegated to Huadu District, Panyu District, Nansha District, Conghua District and Zengcheng District for implementation |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
105 | Administrative licensing | The municipal commission of transport | Licensing of bus/tram business | Delegated to Huadu District, Panyu District, Nansha District, Conghua District and Zengcheng District for implementation | 1. The transport authorities of these districts are responsible for the licensing of half- cross-district (except for Yuexiu District, Liwan District, Haizhu District, Tianhe District, Huangpu District and Baiyun District) bus/tram routes. 2. In case of bus/tram routes from outside Guangzhou, the transport authorities of these districts are responsible for the licensing of bus/tram routes in the local districts. If a bus/tram route crosses two or more districts, the transport authority of the district where the route mainly covers shall be responsible for licensing. |
106 | Administrative filing | The municipal commission of transport | Filing of road project tendering | Delegated to Huangpu District and Nansha District for implementation | |
107 | Others | The municipal commission of transport | Taxi capacity release | Delegated to Huadu District, Panyu District, Nansha District, Conghua District and Zengcheng District for implementation | |
108 | Others | The municipal commission of transport | Review of traffic impact assessment of construction projects | Delegated to administrative districts for implementation; adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
109 | Administrative licensing | The municipal bureau of water affairs | Examination and approval of the plans for newly-built, expanded or altered construction projects within the scope of water conservation works administration and protection (referring to the sub-item “examination and approval of the plans for newly-built, expanded or altered construction projects and the examination and approval of production and business activities within the scope of administration and protection of the Xijiang-Guangzhou water diversion works within the administrative area of Guangzhou Municipality”) | Delegated to Baiyun District for implementation | |
110 | Administrative licensing | The municipal bureau of water affairs | Issuance of licenses for discharging sewage into drainage networks | Delegated to Yuexiu District, Haizhu District, Liwan District, Tianhe District, Baiyun District and Huangpu District for implementation | |
111 | Administrative licensing | The municipal bureau of water affairs | Examination and approval of the water and soil conservation plans for and the acceptance of production and construction projects | adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
112 | Administrative licensing | The municipal bureau of water affairs | Licensing of water-taking | Delegate to Tianhe District for implementation | |
113 | Administrative licensing | The municipal bureau of water affairs | Examination and approval of water supply cut-off | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
114 | Administrative licensing | The municipal bureau of forestry and landscape | Examination and approval of temporary use of green space for urban-rural development or urban-rural infrastructure maintenance | Adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
115 | Administrative licensing | The municipal bureau of forestry and landscape | Examination and approval of tree felling, migration and pruning | Adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
116 | Administrative licensing | The municipal bureau of forestry and landscape | Examination and verification/approval of use of woodland for construction projects | Adjusted to be implemented by Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone | |
117 | Administrative licensing | The municipal bureau of culture, broadcasting, television, press and publication | Licensing of cultural relics preservation works of municipal cultural relics preservation units | Entrusted to Yuexiu District, Huadu District, Panyu District and Nansha District for implementation | |
118 | Others | The municipal bureau of culture, broadcasting, television, press and publication | Cancellation of generally immovable cultural relics (district-registered cultural relics preservation units) | Delegated to administrative districts for implementation | |
119 | Others | The municipal bureau of culture, broadcasting, television, press and publication | Solicitation by developers of advice on construction works within the construction-controlled zones in municipal cultural relics preservation units | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
120 | Administrative licensing | The municipal commission of urban management | Examination and approval of the erection of large outdoor advertising and the hanging and putting-up of promotional materials on urban buildings/facilities | Partially entrusted to Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone for implementation | The erection of temporary outdoor advertising facilities cross districts or required for any trade fair, light festival or other large event organized by the municipal government shall be excluded. |
121 | Administrative filing | The municipal commission of urban management | Filing of the use and out-of-use of pressure pipelines | Entrusted to Tianhe District, Huangpu District and Nansha District for implementation | Referring to municipal gas pipelines |
122 | Others | The municipal commission of urban management | Activation of pressure pipelines already out of use | Entrusted to Tianhe District, Huangpu District and Nansha District for implementation | Referring to municipal gas pipelines |
123 | Others | The municipal commission of urban management | Cleaning of cross-district rivers directly under the municipal jurisdiction | Delegated to Yuexiu District, Liwan District, Tianhe District and Baiyun District for implementation |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
124 | Administrative penalty | The municipal bureau of sports | Any public sport facility management organization’s carrying on any service activities not suitable for the function or use of the public sport facilities or leasing the public sport facilities in violation of regulations | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
125 | Others | The municipal bureau of sports | Ordering for correction of unauthorized appropriation of, damage to or demolition of public sport facilities | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
126 | Others | The municipal bureau of sports | Ordering for correction of failure to open public sport facilities according to law | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
127 | Others | The municipal bureau of sports | Ordering for correction of failure to perform the responsibilities for management and maintenance of public sport facilities | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
128 | Others | The municipal bureau of sports | Supervision and administration of public sport facilities | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
129 | Others | The municipal bureau of sports | Supervision and guidance on private non-enterprise sport units | Delegated to Tianhe District, Huangpu District and Nansha District for implementation | |
130 | Administrative penalty | The municipal administration of work safety | Jurisdiction over administrative penalty for violations by any central enterprises and their subordinate enterprises or relevant personnel of work safety laws | Entrusted to administrative districts, Guangzhou Development District, Nansha Development Zone (FTA Nansha Zone), and Zengcheng Development Zone for implementation | |
131 | Administrative licensing | The municipal administration of food and drugs | Examination and approval of the retail, mailing, transport, purchasing and use of special drugs (referring to the sub-item “examination and approval of Category-II psychotropic drug retail business”) | Entrusted to administrative districts for implementation | |
132 | Administrative licensing | The municipal administration of food and drugs | Approval of Medical device trading licenses (for Category-III medical devices) (referring to the sub-item “approval of trading licenses for financial leasing enterprises for Category-III medical devices ”) | Entrusted to Huangpu District and Nansha District for implementation |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
133 | Administrative confirmation | The municipal administration of food and drugs | Issuance of drug sale certificates | Entrusted to Tianhe District, Huangpu District and Nansha District for implementation | |
134 | Administrative penalty | The municipal bureau of intellectual property | A patent agent’s failing to fulfill his or her duties or being incompetent so as to damage the interests of the principal; disclosing or stealing any content invented or created by the principal; going beyond his/her powers as an agent so as to cause damages to the interests of the principal; or accepting entrustment or undertaking the patent agency business in private and charging fees. | Entrusted to Huangpu District for implementation | |
135 | Administrative penalty | The municipal bureau of intellectual property | Any patent agency’s concealing facts or resorting to deception when applying for examination and approval; without authorization, changing any major items registered; without authorization, accepting entrustment or undertaking the patent agency business beyond the approved scope of patent agency business; or engaging in any other illegal business activities | Entrusted to Huangpu District for implementation | |
136 | Administrative penalty | The municipal bureau of intellectual property | Any patent agency’s establishing its branches without authorization; failing to apply for annual inspection when the time limit for annual inspection is exceeded; soliciting businesses by improper means; refusing to act as an agent without due cause after accepting entrustment; accepting the entrustment from any other interested principal with respect to one and the same patent application or patent case; causing great losses to the parties concerned due to its fault; engaging in any other illegal business activities or violating relevant regulations of the State Council. | Entrusted to Huangpu District for implementation |
Serial No. | Category | Implementing Authority | Item Name | Decision | Remarks |
137 | Administrative inspection | The municipal bureau of intellectual property | Carrying out supervision over patent agencies with patent agents | Entrusted to Huangpu District for implementation | |
138 | Administrative ruling | The municipal bureau of intellectual property | Handling of patent infringement disputes (including invention patent cases; foreign-related cases; other patent cases that are significant, complex or have a material impact throughout the municipality) | Delegated to Huangpu District for implementation | Cross-regional patent cases are excluded |
139 | Others | The municipal bureau of tourism | Examination and approval of the erection of tourist traffic signs | Delegated to administrative districts for implementation | |
140 | Others | The municipal bureau of urban renewal | Examination and verification of urban renewal block planning schemes and renewal project implementation plans | Delegated to administrative districts for implementation | The power of finalization is reserved by the municipal urban renewal leading group. |
141 | Others | The municipal bureau of urban renewal | Preparation of annual plans on urban renewal | Each administrative district shall prepare its own annual plans on urban renewal, on an annual basis | The power of finalization is reserved by the municipal urban renewal leading group. |
142 | Others | The municipal bureau of urban renewal | Examination and verification of the project implementation plans for village-level industrial parks and old-factory renewal projects that have already been incorporated into annual plans on urban renewal and conform to regulatory plans and the municipal catalogue of industries and direction of development (if such projects involve demolition and reconstruction) | Delegated to administrative districts for implementation | The power of finalization is reserved by the municipal urban renewal leading group. |
143 | Others | The municipal bureau of urban renewal | Examination and verification of urban renewal block planning and implementation plans if the adjustment to regulatory plans is involved. | Delegated to Huangpu District, Nansha District and Zengcheng district for implementation; entrusted to Guangzhou Airport Economic Zone for implementation | Kept consistent with the power of administration of regulatory plans throughout the municipality. |
Note: For any item delegated to both an administrative district and a functional district, the item shall be implemented by the functional district if the place of occurrence is within the limits of the functional district.