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Measures of Guangzhou Municipality for Management of Key Construction Projects
(Issued on May 14, 2010 in accordance with Decree No. 32 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)
Article 1 These Measures are formulated in accordance with relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to strengthening the management, service and support of the municipal key construction projects and preparatory key construction projects, ensuring the progress and quality of the projects and improving the investment returns.
Article 2 These Measures are applicable to the management, service and support of the municipal key construction projects and preparatory key construction projects within the administrative areas of this Municipality.
Article 3 The municipal development and reform authority shall be responsible for the overall coordination and planning management of the municipal key construction projects and preparatory key construction projects, and the organization of the implementation of these Measures.
Article 4 The municipal key construction projects and preparatory key construction projects shall be determined from the following construction projects and included into the annual municipal key construction project plan or the annual municipal preparatory key construction project plan:
(1)Large-scale urban infrastructure construction projects that are conducive to improving urban infrastructures, optimizing urban spatial layout, improving living ecological environment, and promoting sustainable urban development;
(2) Modern industrial development projects that are conducive to promoting the optimization and upgrading of the economic structure, promoting independent innovation and technological progress, and improving the Municipality’s comprehensive competitiveness;
(3) Large-scale environmental protection, energy conservation and emission reduction projects that are conducive to building a resource-saving and environment-friendly society;
(4) Large-scale social undertaking projects that are conducive to improving people’s livelihood and benefits;
(5) Other large-scale capital construction projects and key technological transformation projects that have a significant impact on this Municipality’s economic and social development.
Article 5 The application of the municipal key construction projects and preparatory key construction projects is not restricted by the project investor and the source of funds.
Relevant municipal authorities, district development and reform authorities and project developers shall submit written applications for the next year’s municipal key construction projects and preparatory key construction projects to the municipal development and reform authority before October 31 each year, and submit the following supporting documents:
(1)Basic information of the project;
(2)Economic and social benefit forecast;
(3)Relevant approval, ratification or filing documents;
(4) Investment plan for the next year.
Any project within the scope specified in Article 4 herein that has already started construction or that can basically meet the conditions for starting construction within the planned year can apply for the municipal key construction project; any project that has carried out preliminary work but still in need of the conditions for starting construction within the planned year can apply for the preparatory municipal key construction project.
Article 6 The municipal development and reform authority shall, upon the review of the project application documents in accordance with the provisions of Article 4 herein and consult the relevant authorities, formulate the draft annual plan for municipal key construction projects and the draft annual plan for municipal preparatory key construction projects, and report them to the executive meeting of the municipal people’s government for deliberation.
Article 7 The draft annual plan for municipal key construction projects shall be included into the draft annual plan for economic and social development after being deliberated at the executive meeting of the municipal people’s government, and shall be submitted to the municipal people’s congress for review and approval; and then be issued and implemented by the municipal development and reform authority.
The draft annual plan for municipal preparatory key construction projects shall be issued and implemented by the municipal development and reform authority after being deliberated and approved at the executive meeting of the municipal people’s government.
Article 8 The annual plan for municipal key construction projects and the annual plan for municipal preparatory key construction projects may be adjusted according to the actual situation during the implementation. Where the municipal key construction projects and preparatory key construction projects need to be increased within the planned year due to the requirements of this Municipality’s economic and social development, an application shall be submitted to the municipal development and reform authority, and be included into the municipal key construction project plan of the current year after approval by the standing committee of the municipal people’s congress, or listed in the municipal preparatory key construction project plan of the current year after approval by the municipal people’s government.
Article 9 In case of application for the rating of a project as a provincial key construction project and a municipal key construction project or preparatory key construction project at the same time, the applicant shall indicate in the application documents “intended to be rated as a provincial key construction project”. Then the documents will be submitted to the provincial development and reform authority upon reviewed by the municipal development and reform authority in accordance with provincial key construction project application requirements.
Article 10 The project developers of municipal key construction projects and preparatory key construction projects shall carry out preliminary work in accordance with the provisions of laws and regulations, and the depth and quality of preliminary work shall meet the requirements of corresponding project constructions.
Article 11 The municipal key construction project and preparatory key construction project, once affixed on their relevant preliminary application materials with the green channel special sign for municipal key construction project approval by the municipal development and reform authority, shall be included into the scope of green channel management for municipal key construction project approval.
Article 12 The relevant municipal and district authorities involved in the examination and approval of the municipal key construction projects and preparatory key construction projects shall optimize the examination and approval process and improve the examination and approval efficiency in accordance with the relevant provisions of the municipal people’s government on the green channel for approval of key construction projects.
Article 13 Where the construction scale, main construction content and total investment of a municipal key construction project or preparatory key construction project indeed need to be adjusted due to special reasons, an application shall be made to the original examination and approval department for re-examination and approval, or the change or deregistration procedures shall be handled with the original project registration authority.
Article 14 The project developer of a key construction project or preparatory key construction project shall submit the Monthly Statement of Information on Key Construction Projects to the municipal development and reform authority before the 5th day of each month, specifying such project progress as paid-in investment contribution, the availability of funds, the construction image progress and existing problems.
Article 15 The municipal development and reform authority shall, in conjunction with relevant municipal authorities in charge of urban-rural planning, urban-rural development, land, ecological environment and statistics, establish an information sharing mechanism, exchange project construction information timely, and regularly notify the progress of municipal key construction projects and preparatory key construction projects.
The municipal development and reform authority shall, in accordance with the Regulations of the People’s Republic of China on the Disclosure of Government Information, disclose to the public the annual plan for municipal key construction projects, the annual plan for municipal preparatory key construction projects and their implementation situations.
Article 16 The municipal people’s government shall establish a leadership and coordination mechanism to regularly analyze the progress of the municipal key construction projects and preparatory key construction projects, and coordinate the resolution of major issues in the preliminary work and construction process of the projects.
Article 17 The municipal people’s government shall establish the accountability mechanism for the municipal key construction projects, and break down the tasks for implementing the annual plan for municipal key construction projects and the annual plan for municipal preparatory key construction projects to the relevant municipal authorities or district people’s governments as per the principle of matching with business functions or territorial jurisdiction; the relevant authorities shall clarify the accountability mechanism, formulate specific work measures, and coordinate the promotion of the project construction.
The municipal people’s government shall supervise, inspect and assess the implementation of the work measures and the completion of the planned objectives by the relevant authorities, and the assessment results shall be notified across the Municipality and serve as the basis for the annual work assessment and rewards and punishments for the relevant authorities and relevant persons in charge.
Article 18 The municipal authorities in charge of development and reform, urban-rural planning, urban-rural development, land, ecological environment and fire control shall, according to the annual plan for municipal key construction projects and the annual plan for municipal preparatory key construction projects, guide the project developers to carry out preliminary work, accelerate the handling of relevant procedures and promote the start of project construction.
Article 19 The municipal authorities in charge of development and reform, urban-rural development and commerce shall publicize and promote the municipal key construction projects and preparatory key construction projects by regularly holding press conferences, investment promotion meetings, and preparing and distributing project profiles and briefing reports.
Article 20 The law-based use arrangements of such special financial subsidy funds as municipal and district financial construction funds and industrial development support funds priority shall give priority to the qualified municipal key construction projects and preparatory key construction projects.
Article 21 The municipal land authority shall reserve the quota for newly added construction land in the annual land utilization plan to ensure the construction land needs of the municipal key construction projects and preparatory key construction projects. Priority shall be given to the land use quotas for the municipal key construction projects and preparatory key construction projects.
The people’s governments of all districts shall be responsible for the land acquisition, demolition and resettlement work for the municipal key construction projects and preparatory key construction projects within their corresponding jurisdictions.
The project developer shall submit the land use application documents timely as required to ensure the rational and effective use of the land use quotas.
Article 22 Electricity, transportation, post and telecommunications, water supply, drainage, heating and gas supply entities shall perform contractual obligations to ensure the construction needs of the municipal key construction projects and preparatory key construction projects as well as the supporting needs for the completion and commissioning of the projects.
Article 23 The construction fund for the municipal key construction projects and preparatory key construction projects invested by the government shall be earmarked for its specified purpose only, and no entity or individual may withhold or misappropriate it.
Article 24 No entity or individual may illegally obstruct the engineering surveying, drilling, construction, land acquisition and demolition work for key municipal construction projects and preparatory key municipal construction projects, and shall not disrupt the construction, production and operation order of these projects.
Article 25 Where any relevant authority, in violation of the provisions of Article 12 herein, fails to handle the examination and approval and reply procedures in accordance with the relevant provisions of the municipal people’s government on the green channel for approval of key construction projects, thereby delaying the preliminary work progress of the municipal key construction projects and preparatory key construction projects, the competent authority shall order it to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.
Article 26 Where anyentity or individual, in violation of the provisions of Article 23 herein, withholds or misappropriates the construction fund for the municipal key construction projects and preparatory key construction projects invested by the government, the auditing organ and the finance authority shall make handling decisions and impose punishments within the scope of their respective functions and powers in accordance with the provisions of the Regulations on Punishments and Sanctions Against Illegal Fiscal Acts; the competent authority shall order it/him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.
Article 27 Where anyentity or individual, in violation of the provisions of Article 24 herein, obstructs the engineering surveying, drilling, construction, land acquisition and demolition work for key municipal construction projects, or disrupts the construction, production and operation order of key municipal construction projects and preparatory key construction projects in violation of the Law of the People’s Republic of China on Punishments in Public Order and Security Management, the public security organ shall handle it according to law; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.
Article 28 The management, service and supporting of district key construction projects and preparatory key construction projects shall be implemented with reference to these Measures.
Article 29 These Measures shall come into force on June 15, 2010. The Measures of Guangzhou Municipality for Management of Key Construction Projects promulgated on March 1, 1999 shall be abolished accordingly.