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decision of the people’s government of guangzhou municipality on the withdrawal of municipal administrative power items
(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annex: list of withdrawn items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list of withdrawn items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”. |