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Decision of the People’s Government of Guangzhou Municipality on the Withdrawal of Municipal Administrative Power Items

2024-04-10 16:35
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  (Issued on March 29, 2022 in accordance with Decree No. 188 of the People’s Government of Guangzhou Municipality and to be put into force on May 1, 2022)

  In order to deepen the reform of “streamlining administration and delegating power, improving regulation, and upgrading services”, further improve government functions and guarantee the standardized and orderly operation of administrative power items, the municipal government has decided to withdraw 24 municipal administrative power items transferred to district people’s governments in accordance with the provisions of relevant laws and regulations and on the basis of the actual exercising of administrative power items in this Municipality.

  Relevant municipal authorities and all districts shall strengthen coordination and cooperation, and shall, within 30 days from the date of the release of this Decision, complete the adjustment and handover work and timely announce to the public the authorities that undertake the adjusted items, the handover dates and other related information. From the handover date, each undertaking authority shall be responsible for handling relevant items, and the original responsible authority shall continue to complete the handling of applications that have been accepted before the handover date. All districts in this Municipality shall take the initiative to cooperate with the relevant municipal authorities to well coordinate the implementation of involved items in strict accordance with laws, so as to ensure the standardized and orderly withdrawal of municipal administrative power items.

  Annex: List of Withdrawn Items

  Annex

  List of Withdrawn Items

  No.

  Item    type

  Item    name

  Original    adjustment

  Decision

  Municipal    exercising authority after withdrawal

  Remarks

  1

  Administrative licensing item

  Examination and approval of the relocation and pruning   of subsequent resources of ancient trees and printing of ancient and valuable   trees

  Entrusted to Huangpu District and Nansha District   according to the Decision of the   People’s Government of Guangzhou Municipality on the Delegation, Entrustment   and Withdrawal of Municipal Administrative Power Items (Decree No. 178 of the   People’s Government of Guangzhou Municipality)

  To cease to entrust the greening authorities of Huangpu   District and Nansha District

  Municipal forestry & landscaping authority

  1. This item has been incorporated into the item of   “chopping and relocation of urban trees” as one of the matters involved.

  2. The item covers: the ancient and valuable trees and the subsequent   resources of ancient trees within the area of the green space under district   management.

  2

  Administrative licensing item

  Examination and approval of the restoration,   conservation plan and engineering design of classical gardens

  Entrusted to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Delegation, Entrustment and Withdrawal of   Municipal Administrative Power Items (Decree No. 178 of the People’s   Government of Guangzhou Municipality)

  To cease to entrust the greening authorities

  Municipal forestry & landscaping authority

  3

  Administrative licensing item

  Examination and approval of temporary occupation of forest   lands for construction projects

  Entrusted to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Delegation, Entrustment and Withdrawal of   Municipal Administrative Power Items (Decree No. 178 of the People’s   Government of Guangzhou Municipality)

  To cease to entrust    theforestry authorities of Yuexiu District, Haizhu   District and Liwan District

  Municipal forestry & landscaping authority

  The item covers: the temporary occupation of ecological   public welfare forest lands or other forest lands with an area of more than   20 hectares.

  4

  Administrative licensing item

  Examination and approval of relocation of ancient and   valuable trees

  Entrusted to Huangpu District and Nansha District   according to the Decision of the   People’s Government of Guangzhou Municipality on the Delegation, Entrustment   and Withdrawal of Municipal Administrative Power Items (Decree No. 178 of the   People’s Government of Guangzhou Municipality)

  To cease to entrust    the people’s governments of Huangpu District and Nansha District

  Municipal people’s government

  The item covers: the ancient and valuable trees within   the area of the green space under district management.

  5

  Administrative licensing item

  Review of the right to use sea areas

  Entrusted to districts according to the Decision of Guangzhou Municipal People’s   Government on the Retainment, Delegation or Cancellation of Administrative   Licensing/Filing Items (Decree No. 142 of Guangzhou Municipal People’s   Government)

  To cease to entrust    the people’s governments ofYuexiu District, Haizhu   District, Liwan District, Tianhe District, Baiyun District, Huadu District,   Conghua District and Zengcheng District

  Municipal people’s government (exercised by the   municipal planning and natural resources authority)

  Specifically, it refers to the “examination and   approval of the transfer of the right to use sea areas”.

  6

  Administrative licensing item

  Review of the right to use sea areas

  Entrusted to district people’s governments according to   the Decision of the People’s Government   of Guangzhou Municipality on the Retainment, Delegation or Cancellation of   Administrative Licensing/ Filing Items (Decree No. 142 of the People’s   Government of Guangzhou Municipality)

  To cease to entrust    the people’s governments ofYuexiu District, Haizhu   District, Liwan District, Tianhe District, Baiyun District, Huadu District,   Conghua District and Zengcheng District

  Municipal people’s government (exercised by the   municipal planning and natural resources authority)

  Specifically, it refers to the “review and approval of   the renewal of the right to use sea areas”.

  7

  Administrative licensing item

  Review of the right to use sea areas

  Entrusted to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Retainment, Delegation or Cancellation of   Administrative Licensing/Filing Items (Decree No. 142 of the People’s   Government of Guangzhou Municipality)

  To cease to entrust    the people’s governments ofYuexiu District, Haizhu   District, Liwan District, Tianhe District, Baiyun District, Huadu District,   Conghua District and Zengcheng District

  Municipal people’s government (exercised by the   municipal planning and natural resources authority)

  Specifically, it refers to the “preliminary review and   approval of the right to use sea areas”.

  8

  Administrative licensing item

  Review of the right to use sea areas

  Entrusted to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Retainment, Delegation or Cancellation of   Administrative Licensing/Filing Items (Decree No. 142 of the People’s   Government of Guangzhou Municipality)

  To cease to entrust    the people’s governments ofYuexiu District, Haizhu   District, Liwan District, Tianhe District, Baiyun District, Huadu District,   Conghua District and Zengcheng District

  Municipal people’s government (exercised by the   municipal planning and natural resources authority)

  Specifically, it refers to the “withdrawal of the right   to use sea areas”.

  9

  Administrative licensing item

  Review of the right to use sea areas

  Entrusted to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Retainment, Delegation or Cancellation of   Administrative Licensing/Filing Items (Decree No. 142 of the People’s   Government of Guangzhou Municipality)

  To cease to entrust    the people’s governments ofYuexiu District, Haizhu   District, Liwan District, Tianhe District, Baiyun District, Huadu District,   Conghua District and Zengcheng District

  Municipal people’s government (exercised by the   municipal planning and natural resources authority)

  Specifically, it refers to the “review and approval of   the change of the right to use sea areas”.

  10

  Other administrative powers

  Examination and approval of detailed regulatory plans

  Entrusted to Huangpu District (except Guangzhou   Economic and Technological Development Zone) and Zengcheng District according   to the Decision of the People’s   Government of Guangzhou Municipality on the Transfer of  Municipal Administrative Powers to   Districts (Decree No. 157 of the People’s Government of Guangzhou   Municipality)

  To cease to entrust     Huangpu District (except Guangzhou Economic and Technological   Development Zone) and Zengcheng District on key areas and municipal reserve   lands

  Municipal people’s government (municipal planning and   natural resources authority)

  1. The withdrawn item specifically refers to the   examination and approval of detailed regulatory plans of key areas and   municipal reserve lands.

  2. For the 76 urban renewal projects in Huangpu   District and 3 urban renewal projects in Zengcheng District included in the   rectification scope, the rectification tasks shall be implemented to properly   solve the problems, and the preparation, review and approval of the plans   shall be completed on the basis of the original administrative powers; other   urban renewal projects shall be implemented according to the new division of   powers.

  11

  Other administrative powers

  Examination and approval of partial revisions to   detailed regulatory plans for land use of infrastructure and public service   facilities and industrial land use within industrial blocks

  Entrusted to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Transfer of Municipal Administrative Power   Items to Districts (Decree No. 157 of the People’s Government of Guangzhou   Municipality)

  To cease to entrust districts regarding cross-regional   projects and the “need to correct the information related to the detailed   regulatory plans due to information errors and omissions”

  Municipal people’s government (exercised by the   municipal planning and natural resources authority)

  1. The item covers   cross-regional projects and the “need to correct the information related to   the detailed regulatory plans due to information errors and omissions”.

  2. Specific situations still   subject to implementation by the district people’s governments include:

  (1) Minor adjustment of   planning control lines such as the blue line and green line, or correction of   the alignment of road and municipal facilities, some technical parameters,   and planning control indicators of land use along the control lines due to   the needs for implementation of road construction, municipal engineering and   water conservancy projects, on the premise that the level and direction of   planning control lines of the blue line and green line remain basically   unchanged and the total amount of planning control lines does not decrease,   that the total construction area determined in the original plan is not   increased while meeting the mandatory requirements of the historical and   cultural protection purple line, the permanent basic farmland protection   line, the ecological red line and the boundaries of other types of protected   areas delineated by the planning unit.

  (2) The adjustment of the   building coverage ratio and green space ratio for land use in non-important   areas, which is coordinated with the surrounding landscape without increasing   the total building area determined in the original plan.

  (3) The application for   increasing the building coverage ratio of the industrial land in the   industrial block that meets the requirements of the List of Guangzhou Industrial Land Planning and Control Indicators,   is not part of the government’s land reserve plan after verification by the   planning and natural resources authority (for applicant of the land reserve   authority, the verification of the application is not required) and consults   the authorities in charge of development and reform, industry and information   technology, and ecological environment; the application for adjustment of   other indicators of the industrial land such as building coverage ratio,   green space ratio, and building height limit; the adjustment of the site   selection and land use control plan according to the new industrial land site   selection plan approved by the municipal people’s government.

  12

  Other administrative powers

  Preliminary review of detailed regulatory plans

  Entrusted to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Transfer of Municipal Administrative Powers to   Districts (Decree No. 157 of the People’s Government of Guangzhou   Municipality)

  To cease to entrust    districts

  Municipal planning and natural resources authority

  Subject to the review by the municipal planning and   natural resources authority in conjunction with the local government

  13

  Administrative licensing item

  Licensing for cultural heritage sites protection works   by cultural heritage sites protection institutions

  Entrusted to Yuexiu District, Huadu District, Panyu   District and Nansha District according to the Decision of the People’s Government of Guangzhou Municipality on the   Transfer of Municipal Administrative Powers to Districts (Decree No. 157 of   the People’s Government of Guangzhou Municipality)

  To cease to entrust    Yuexiu District, Huadu District, Panyu District and Nansha District

  Municipal authority in charge of culture, radio, film,   television, press and tourism

  14

  Administrative licensing item

  Verification and issuance of licenses for receiving   satellite transmission of domestic TV programs

  Directly delegated to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Cancellation, Adjustment or  Retainment of Administrative   Approval/Filing Items for Reform of the Administrative Examination and   Approval System (Decree No. 90 of the People’s Government of Guangzhou   Municipality)

  To cease to delegate the administrative powers to  district culture authorities

  Municipal authority in charge of culture, radio, film,   television, press and tourism

  Specifically, it refers to “the approval of setting up   satellite ground reception facilities to receive the transmission of domestic   satellite TV programs”.

  15

  Administrative licensing item

  Approval of the construction projects within the   construction control zones given by the municipal cultural heritage sites   protection institutions upon request of the project developers

  Directly delegated to Huangpu District, Tianhe District   and Nansha District according to the Decision   of the People’s Government of Guangzhou Municipality on the Transfer of   Municipal Administrative Powers to Districts (Decree No. 157 of the People’s   Government of Guangzhou Municipality)

  To cease to delegate the administrative powers to  culture authorities of Huangpu District,   Tianhe District and Nansha District

  Municipal authority in charge of culture, radio, film,   television, press and tourism

  Specifically, it refers to the “review of design plans   for construction projects within the construction control zones of cultural   heritage sites protection institutions below the provincial level”.

  16

  Administrative licensing item

  Energy conservation review of fixed asset investment   projects

  Entrusted to Huangpu District and Nansha District   according to the Decision of the   People’s Government of Guangzhou Municipality on the Delegation, Entrustment   and Withdrawal of Municipal Administrative Power Items (Decree No. 178 of the   People’s Government of Guangzhou Municipality)

  To cease to entrust the development and reform   authorities of Huangpu District and Nansha District

  Municipal development & reform Commission

  The item covers: only include items related to   corporate investment in power grid projects and urban rapid rail transit   projects with the annual comprehensive energy consumption of more than 1,000   tons of standard coal but less than 5,000 tons of standard coal.

  17

  Other administrative powers

  Examination and approval of construction projects in   municipal investment zones

  Directly delegated to    districts according to the Decision   of the People’s Government of Guangzhou Municipality on the Transfer of   Municipal Administrative Powers to Districts (Decree No. 157 of the People’s   Government of Guangzhou Municipality)

  To cease to delegate the administrative powers to   districts; to cease to transfer the administrative powers to Guangzhou   Development Zone, Nansha Development Zone (Nansha Area of the Guangzhou Free   Trade Zone), Zengcheng Development Zone and Guangzhou Airport Economic Zone

  Municipal development & reform commission

  Specifically, it refers to “examination and approval of   proposals for government investment projects”.

  18

  Other administrative powers

  Examination and approval of construction project in   municipal investment zones

  Directly delegated to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Transfer of Municipal Administrative Powers to   Districts (Decree No. 157 of the People’s Government of Guangzhou   Municipality)

  To cease to delegate the administrative powers to   districts; to cease to transfer the administrative powers to   Guangzhou Development Zone, Nansha   Development Zone (Nansha Area of the Guangzhou Free Trade Zone), Zengcheng   Development Zone and Guangzhou Airport Economic Zone

  Municipal development & reform commission

  Specifically, it refers to the “examination and   approval of the feasibility study reports of government investment projects”.

  19

  Other administrative powers

  Filing of commercial housing construction projects

  Directly delegated to Huangpu District and the Nansha   New Area Management Committee of the China (Guangdong) Pilot Free Trade Zone   according to the Decision of the   People’s Government of Guangzhou Municipality on the Transfer of Municipal   Administrative Powers to Districts (Decree No. 157 of the People’s Government   of Guangzhou Municipality) and Decision   of the People’s Government of Guangzhou Municipality on the Delegation of the   First Batch of Municipal Administrative Powers to Nansha New Area of China   (Guangdong) Pilot Free Trade Zone (Decree No. 135 of the People’s Government   of Guangzhou Municipality)

  To cease to delegate the administrative powers to   Huangpu District and the Nansha New Area Management Committee of the China   (Guangdong) Pilot Free Trade Zone

  Municipal development & reform commission

  This item has been incorporated into the item of   “filing of government investment projects” as one of the matters involved.

  20

  Other administrative powers

  Examination and approval of charging prices and fees   subject to government pricing and government-guided price management (private   education fees charged by six-year high schools)

  Delegated to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Transfer of Municipal Administrative Powers to   Districts (Decree No. 157 of the People’s Government of Guangzhou   Municipality)

  To cease to delegate the administrative powers to thedevelopment and reform authorities in Yuexiu District, Haizhu District,   Liwan District, Tianhe District, Baiyun District, Huangpu District and Nansha   District

  Municipal development & reform commission

  Specifically, it refers to “the formulation and   adjustment of prices and fees subject to government pricing and   government-guided price management (including related cost supervision and   review) - education charges”.

  21

  Administrative penalty

  Administrative penalties for line operators who do not   obey the unified dispatch and command of the transportation authority

  Directly delegated to Huadu District, Panyu District,   Nansha District, Conghua District and Zengcheng District according to the Decision of the People’s Government of   Guangzhou Municipality on the Delegation, Entrustment and Withdrawal of   Municipal Administrative Power Items (Decree No. 178 of the People’s   Government of Guangzhou Municipality)

  To cease to    delegate the administrative powers to the transportation authorities   of Huadu District, Panyu District, Nansha District, Conghua District and   Zengcheng District

  Municipal transportation authority

  22

  Administrative licensing item

  Examination and approval of construction projects in   municipal investment zones

  Directly delegated to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Transfer of Municipal Administrative Powers to   Districts (Decree No. 157 of the People’s Government of Guangzhou   Municipality)

  To cease to delegate the administrative powers to district water affairs authorities

  Municipal water affairs authority

  1. Specifically, it refers to “examination and approval   of preliminary design documents for water conservancy projects”.

  2. The withdrawn item covers the examination and   approval of the preliminary design and budget of the new construction,   expansion and reconstruction projects of medium-sized reservoirs in the   municipal investment zones, and other examination and approval powers remain   unchanged.

  23

  Administrative penalty

  Administrative penalties for real estate intermediary   agencies that operate without going through filing procedures

  Directly delegated to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Delegation, Entrustment and Withdrawal of   Municipal Administrative Power Items (Decree No. 178 of the People’s   Government of Guangzhou Municipality)

  To cease to delegate the administrative powers to the   district housing authorities (excluding Nansha District) and the   Comprehensive Administrative Law Enforcement Bureau of Nansha District

  Municipal housing & urban-Rural construction   authority

  Specifically, it refers to “operation of real estate   intermediary agencies without going through registration procedures”.

  24

  Administrative penalty

  Administrative penalties for real estate intermediary   agencies that operate without going through registration procedures

  Directly delegated to districts according to the Decision of the People’s Government of   Guangzhou Municipality on the Delegation, Entrustment and Withdrawal of   Municipal Administrative Power Items (Decree No. 178 of the People’s   Government of Guangzhou Municipality)

  To cease to delegate the administrative powers to the   district housing authorities (excluding Nansha District) and the   Comprehensive Administrative Law Enforcement Bureau of Nansha District

  Municipal housing & urban-Rural construction   authority

  Specifically, it refers to “operation of real estate   intermediary agencies without going through registration procedures”.