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Decision of the People's Government of Guangzhou Municipality on Shifting Some Items Subject to the Municipal Administrative Functions and Powers to the Nansha District

2024-10-08 16:49
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  (Issued on July 25, 2024 in accordance with Decree No. 211 of the People's Government of Guangzhou Municipality and put into force on September 1, 2024)

  In order to implement the Master Plan of Guangzhou Nansha on Deepening Comprehensive Cooperation Between Guangdong, Hong Kong and Macao with Global Perspective (the “Nansha Plan”) and further expand the economic and social management functions of Nansha District, the People's Government of Guangzhou Municipality, in accordance with Regulations of Nansha on Deepening Comprehensive Cooperation Between Guangdong, Hong Kong and Macao with Global Perspective, has decided to adjust 31 items subject to municipal administrative functions and powers to be implemented by the Nansha District. The People's Government of Nansha District and its relevant government sectors as well as the relevant government sectors of Guangzhou Municipality shall conscientiously organize and implement it within the scope of their respective functions and powers, strengthen communication and coordination and ensure that relevant administrative functions and powers are duly delegated, undertaken, well managed and under supervision.

  I. Ensure the smooth connection and implementation of adjusted items

  Within 30 working days from the date of issuance of this Decision, relevant government sectors of Guangzhou Municipality shall complete the handover of adjusted items with the undertaking government sectors of Nansha District, with relevant laws, regulations, documents, certificates and standardization achievements being transferred to the undertaking government sectors as well, and promptly improve the approval criterion, technical specifications and the like in connection with relevant items. For delegated items, a written delegation agreement shall be signed in accordance with the law, detailing and specifying the content of the delegation, execution methods, rights and obligations of both parties, division of responsibilities, regulatory measures, etc. After the delegation of administrative functions and powers at the municipal level, relevant government sectors of Guangzhou Municipality shall promptly announce to the public the government sectors responsible for implementing the adjusted items and powers, the handover date, specific content, etc. From the handover date, the undertaking government sectors shall handle the relevant items within the scope of their respective functions and duties, and the delegating government sectors shall continue to complete the items already accepted before the handover date. For the items to be shifted to the Nansha District as per this Decision, if they have been shifted to the China (Guangdong) Pilot Free Trade Zone Nansha Area of Guangzhou before this Decision, corresponding provisions shall prevail.

  II. Strengthen training guidance, supervision and management

  At the time of handing over administrative functions and powers by relevant government sectors of Guangzhou Municipality, if it involves the use of provincial-level vertical information systems or the need for business docking with provincial-level government sectors, such provincial-level government sectors shall assist Nansha District in coordinating the handover and docking work. The provincial-level government sectors shall strengthen business guidance and training for the undertaking government sectors through organizing training courses, on-site guidance and other forms to enhance their undertaking capabilities. Efforts shall also be made to strengthen digital support through the construction of a digital government, closely track the implementation of adjusted items and effectively strengthen the supervision of adjusted items through daily inspections, random checks and other methods, and provide timely guidance to the undertaking government sectors to solve problems encountered. The provincial-level government sectors shall evaluate the implementation work on a regular basis and provide suggestions for adjustment and improvement to the People's Government of Guangzhou Municipality based on the evaluation results.

  III. Carry out implementation work in accordance with the law

  The People's Government of Nansha District shall effectively strengthen leadership, strictly supervise and manage the implementation of adjusted items, promptly solve the problems found, urge relevant government sectors of the District to promptly include the administrative items subject to municipal administrative functions and powers they undertake into the list of government sector powers and responsibilities, specify division of tasks and ensure that relevant responsibilities are duly implemented. The relevant undertaking government sectors in Nansha District shall formulate specific implementation measures in the handover process, actively cooperate with the relevant government sectors of Guangzhou Municipality to ensure the smooth implementation of adjusted items, strictly regulate the handling of adjusted items in accordance with the law, simplify the handling procedures, optimize the handling process, specify the handling time limit, and provide efficient and convenient services for enterprises and the public.

  Where there are adjustments of the functions and responsibilities of relevant functional government sectors of Nansha District, the People's Government of Nansha District shall adjust the government sectors that undertake the relevant items subject to administrative powers based on the adjustments of government sector responsibilities, and announce relevant adjustment results to the public.

  Annex: List of Items Subject to the Municipal Administrative Functions and Powers to Be Shifted to the Nansha District as per the Decision of the People's Government of Guangzhou Municipality

  Annex

  List of Items Subject to the Municipal Administrative Functions and Powers to Be Shifted to the Nansha District as per the Decision of the People's Government of Guangzhou Municipality

  No.

  Item    Name

  Category

  Municipal    Implementing Government Sector

  Adjustment    Mode

  Nansha    District Undertaking Government Sector

  Remarks

  1

  Qualification approval for retail operation of   refined oil products

  Administrative licensing

  Guangzhou Municipal Bureau of   Industry and Information Technology

  Delegation

  Nansha District Bureau of   Commerce

  2

  Qualification verification of real estate   development enterprises

  Administrative licensing

  Guangzhou Municipal Bureau of   Housing and Urban-Rural Development

  Delegation

  Nansha District Administrative   Approval Bureau

  Only including the second level   qualification verification of real estate development enterprises.

  3

  Review of the establishment of designated pig   slaughterhouses (sites)

  Administrative licensing

  The People's Government of   Guangzhou Municipality (undertaken by the Guangzhou Municipal Bureau of   Agriculture and Rural Affairs)

  Delegation

  The People's Government of   Nansha District (undertaken by the Nansha District Bureau of Agriculture and   Rural Affairs)

  4

  Imposing administrative sanctions for such acts as   using unfair means including slandering other notary institutions or   notaries, or paying kickbacks or commissions to solicit notarization business   from notary institutions and their notaries; charging notarization fees in   violation of the prescribed charging standards; practicing in two or more   notary institutions simultaneously; engaging in other paid occupations;   handling notarization for notaries themselves and their close relatives, or   handling notarization that notaries themselves and their close relatives have   an interest in; other acts that shall be punished according to laws and   administrative regulations

  Administrative sanction

  Guangzhou Municipal Bureau of   Justice

  Delegation

  Nansha District Bureau of   Justice

  5

  In international bidding and tendering activities   for mechanical and electrical products, imposing sanctions for such acts as   failure to conduct tender invitation for any project that must invite bids,   and breaking down the project that must invite bids into smaller parts or   avoid inviting bids in any other way; the tenderee's failure to make the   pre-qualification announcement or tender announcement in accordance with   regulations for evading tender invitation

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  6

  Imposing sanctions against the bidding agency for   leaking bidding information or colluding with the tenderee or bidders to harm   the national, social and public interests or the rights and interests of   others in international bidding and tendering activities for mechanical and   electrical products

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  7

  In international bidding and tendering activities   for mechanical and electrical products, imposing sanctions against the   bidding agency that bids on its own or on behalf of the bidders, or provides   consultation to the bidders in the bidding project under its agency, and   imposing sanctions against intermediary agencies entrusted to prepare the   base price that participate in the bidding of the entrusted preparation of   the base price project or prepare bidding documents and provide consultation   for bidders in the project

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  8

  In international bidding and tendering activities   for mechanical and electrical products, imposing sanctions against the   tenderee that restricts or excludes potential bidders with unreasonable   conditions, discriminates against potential bidders, forces bidders to form a   consortium to jointly bid for the project, or restricts competition among bidders;   Imposing sanctions against the tenderee that fails to make the   pre-qualification announcement or tender announcement on the designated media   as required for the project subject to open tendering in accordance with the   law; Imposing sanctions against the tenderee that affects potential bidders’   application for pre-qualification or bidding due to inconsistent content in   pre-qualification announcement or tender announcement made on different media

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  9

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against the tenderee of a project that must invite bids according to law for   its disclosure to others the names and quantities of potential bidders who   have obtained the tender documents or its disclosure of other relevant   information about the tendering and bidding that may affect fair competition,   or its disclosure of the base price

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  10

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against bidders who collude with each other or with the tenderee to bid, or   who use bribery to obtain the bid from the tenderee or members of the bid   evaluation committee

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  11

  Imposing administrative sanctions against bidders   who bid in the name of others or engage in fraudulent behavior to win the bid   in international bidding and tendering activities for mechanical and   electrical products

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  12

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against the tenderee of a project that must invite bids according to law for   its violation of the provisions of the Tendering and Bidding Law by   negotiating with the bidders on substantive content such as bidding prices   and bidding schemes

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  13

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against members of the bid evaluation committee for their acceptance of money   or other benefits from any bidder, or on any member of the bid evaluation   committee or relevant staff participating in the bid evaluation for his/her   disclosure to others the evaluation and comparison of the bidding documents,   the recommendation of the winning candidate, and other information related to   the bid evaluation

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  14

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against the tenderee for its selection of the winning bidder that is not   among the winning bidder candidates recommended by the bid evaluation   committee in accordance with the law, or in terms of the project that must   invite bids according to law, for its selection of the winning bidder on its   own after all bids are rejected by the bid evaluation committee

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  15

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against the tenderee and the winning bidder for their refusal to enter into a   contract in accordance with the tender documents or conclusion of an   agreement that deviates from the essence of the contract

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  16

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against the winning bidder for its refusal to conclude an   contract with the tenderee or its failure to fulfill the obligations   stipulated in the contract concluded with the tenderee due to reasons other   than force majeure

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  17

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against the tenderee for its collection of bid security and performance security   in excess of the proportion prescribed in the Regulations on Implementation   of the Tendering and Bidding Law of the People's Republic of China   (“Implementation Regulations”), or its failure to return the security   deposit and interest at the bank's rate for a deposit of the same term in   accordance with the provisions of the Implementation Regulations

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  18

  Imposing administrative sanctions for the act of   transferring or renting qualifications and qualification certificates for   others to bid in international bidding and tendering activities for   mechanical and electrical products

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  19

  In international bidding and tendering activities   for mechanical and electrical products, for any project that must invite bids   according to law, imposing administrative sanctions against the tenderee for   its failure to establish a bid evaluation committee in accordance with   regulations, or for its selection or replacement of members of the bid   evaluation committees in violation of the provisions of the Tendering and   Bidding Law and the Implementation Regulations

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  20

  In international   bidding and tendering activities for mechanical and electrical products,   imposing administrative sanctions against the members of the bid   evaluation committee that shall evade bidding according to law for their   failure to evade bidding; for their being absent from duty without   permission; for their failure to evaluate bids as per the bid evaluation   criteria and methods specified in the tender documents; for their private   access to bidders; for their seeking of the intention of the tenderee to   determine the winning bidder or acceptance from any unit or individual of any   explicit or implicit tendency or exclusion of specific bidders; for their   failure to provide rejection opinions for the bids that should be rejected   according to law; for their implying or inducing bidders to make   clarifications, explanations, or accept clarifications or explanations   voluntarily proposed by bidders; or other acts in relation to non-objective   and unfair performance of duties

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  21

  Imposing administrative sanctions against members   of the bid evaluation committee for their acceptance of bribes or other   benefits from bidders in international bidding and tendering activities for   mechanical and electrical products

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  22

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions for   such acts as failure to determine the winning bidder in accordance with   relevant regulations, failure to issue a notice of award without justifiable   reasons, or changing the winning bid result, or failure to conclude a   contract with the winning bidder, or proposing additional conditions to the   winning bidder at the time of concluding the contract with the winning bidder

  Administrative sanction

  Guangzhou Municipal Administration   for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  23

  In international   bidding and tendering activities for mechanical and electrical products,   imposing administrative sanctions against the winning bidder for its refusal   to conclude a contract with the tenderee without justifiable reasons, or   presenting additional conditions on the tenderee at the time of concluding   the contract, or failure to pay the performance security in accordance with the   requirements of the tender documents

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  24

  In international bidding and tendering activities for   mechanical and electrical products, imposing administrative sanctions against   the tenderee and the winning bidder for their failure to conclude a contract   in accordance with the bidding and tender documents, or conclusion of a   contract whose main terms are inconsistent with the contents of the bidding   and tender documents, or conclusion of agreements that deviate from the   substantive content of the contract

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  25

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against the winning bidder for its transferring the winning project to   others, breaking down the winning project into small parts for transferring   them separately to others, subcontracting part of the main body and key work   of the winning project to others in violation of the provisions of the   Tendering and Bidding Law, or subcontracting it again by the subcontractor

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  26

  In international bidding and tendering activities   for mechanical and electrical products, for any project that must invite bids   according to law, imposing administrative sanctions against the tenderee for   its failure to invite bids or evading international bidding

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  27

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions for   such acts as collusion between the tenderee and bidders for engaging in false   bidding and tendering; interference with bidding activities through improper   means; failure to perform the contract concluded with the winning bidder;   disclosure of confidential documents, materials or information related to the   tendering and bidding activities except for the acts listed in Article 94,   Item 12 of the Measures for Implementation of the International Tendering   and Bidding of Mechanical and Electrical Products (“Implementation Measures”)   (Trial); refusal to implement the complaint handling decision made by the   competent authorities; other violations of the Tendering and Bidding Law, the   Implementation Regulations, and the Implementation Measures (Trial)

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  28

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions for   such acts as false bidding and tendering by bidders; interference with   tendering and bid evaluation work; submission of bidding documents and   clarification materials that do not match the facts and are fraudulent; providing   false proof materials during the complaint handling process; signing a   contract with the tenderee before the issuance of the notice of award; the   winning bidder’s failure to sign a contract with the tenderee in accordance   with its bidding documents and tender documents, or provision of products   that do not comply with the bidding documents; other violations of the Tendering   and Bidding Law, the Implementation Regulations, and the Implementation   Measures (Trial)

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  29

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions for   such acts as false bidding and tendering and fraudulent registration of   institutions; exclusion of randomly selected bid evaluation experts without   good reasons; failure to submit materials to the competent authorities in a   timely manner according to regulations or providing false materials to the   competent authorities; failure to upload the bidding situation and related   data to the bidding website within the prescribed time limit, resulting in   substantial discrepancies between the online information and the   corresponding written content; Failure to reply to objections in accordance   with regulations, or failure to give cooperation as required by the competent   authorities during the complaint handling process; the complaint handling   result is that the bidding is invalid or the winning bid is invalid due to   the fault of the bidding agency, with a cumulative   total of twice within 6 months or thrice within a year; failure to issue the   notice of award in accordance with regulations or changing the bid winning result   without authorization; other violations of the Tendering and Bidding Law,   the Implementation Regulations, and the Implementation Measures   (Trial)

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  30

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions for   such acts as the tenderee’s adoption of invitation bidding for any project   that must adopt open tendering as required by law; the time limit for the   offering, clarification, and modification of tender documents and   pre-qualification documents, or the determined time limit for submission of   pre-qualification application documents and bidding documents, does not   comply with the provisions of the Tendering and Bidding Law and the Implementation   Regulations; acceptance of units or individuals that have not passed the   pre-qualification review to participate in the bidding; and acceptance of   bidding documents that should be rejected

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of   Comprehensive Administrative Law Enforcement

  31

  In international bidding and tendering activities   for mechanical and electrical products, imposing administrative sanctions   against members of the bid evaluation committee for such acts as engaging in   fraudulent activities and seeking personal gain; refusal to provide clear   written opinions during the bid evaluation process; disclosure of   confidential information or materials related to the tendering and bidding   activities except for the acts listed in Article 101, Item 8 of the Implementation   Measures (Trial); collusion with the bidders, the tenderee, and bidding   agencies; experts having been evaluated as incompetent twice within one year;   experts refusing to participate in bid evaluation without good reasons; other   acts that constitute fulfillment of duties in a non-objective and unfair way,   or other

  violations of the Tendering and Bidding Law,   the Implementation Regulations, and the Implementation Measures   (Trial)

  Administrative sanction

  Guangzhou Municipal   Administration for Market Regulation

  Delegation

  Nansha District Bureau of Comprehensive   Administrative Law Enforcement