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Procedures of Shanghai Municipality on the Administration of Exploitation and Construction of Changxing Island

(Promulgated by Decree No. 7 of Shanghai Municipal People’s Government

on September 23, 2008)

Article 1 (Purpose and Basis)

With a view to promoting the exploitation, construction and development of Changxing Island, these Procedures are formulated in accordance with relevant laws, regulations and State policies, and in the light of the actual circumstances of this Municipality.

Article 2 (Orientation of Development)

The development and construction of Changxing Island shall comply with the requirements of the overall economic and social planning of the State and this Municipality, and of the overall urban planning of Shanghai Municipality, carrying out the principle of making coordinated development of key industries, infrastructures, urban and town construction, social supporting facilities and ecological protection, and aiming at building Changxing Island into a marine equipment island advanced in the world, an ecological water-source island of Shanghai, and a tourist scenic island with unique characteristics.

Article 3 (Administrative Agency)

The Municipal People’s Government sets up the administrative committee for development and construction of Changxing Island of Shanghai Municipality (hereinafter referred to as the administrative committee) and the administrative committee office (hereinafter referred to as the development office).

The administrative committee is responsible for studying in a coordinated way the important affairs and major issues in the development and construction of Changxing Island and coordinating and organizing relevant departments and organizations to implement the development and construction of Changxing Island.

The development office undertakes the daily work of the administrative committee and exercises the following duties as provided by these Procedures:

(1) arranging for implementation of the development strategy, development planning and plan for developing and constructing Changxing Island;

(2) drawing up the overall land-use planning and land reservation plan and program within Changxing Island;

(3) being authorized by relevant administrative departments to take charge of the examination and approval of investment, development, construction and other projects within Changxing Island;

(4) making overall coordination in use and management of funds for the development and construction of Changxing Island;

(5) coordinating relevant administrative departments’administration work of the development and construction of Changxiang Island.

The Chongming county government shall assist the development office in doing well the work relevant to the development and construction of Changxing Island and be responsible for the public affairs administration within Changxing Island.

Relevant municipal government departments shall perform their own duties to cooperate in doing well the work relating to the development and construction of Changxing Island.

Article 4 (Working Mechanisms)
This Municipality establishes the following working mechanisms to promote the exploitation and construction of Changxing Island:

(1) the mechanism of communicating and negotiating on important issues, in which the development office takes the lead, jointly with the Chongming county government, relevant municipal government departments as well as relevant enterprises and organizations, in regular communication and negotiation on important issues in the process of developing and constructing Changxing Island, and defines the problems to be solved and the responsibility assumed by each party;

(2) the mechanism of urging and inspecting the examination and approval of important issues, in which the development office is responsible for urging and inspecting administrative examination and approval of important issues conducted by the Chongming county government and relevant municipal government departments.

(3) the mechanism of announcing important affairs, in which the development office may, within a corresponding scope, announce the important affairs with influence on the development and construction of Changxing Island.

Article 5 (Funds for the Development and Construction)

The municipal development and reform commission, the municipal finance bureau and the development office shall jointly study and put forward a plan for funds needed in the development and construction of Changxing Island, submit the plan to the Municipal People’s Government for approval, and formulate corresponding measures of fund use and management.

Article 6 (Ecological Water Resource Protection)

In the development and construction of Changxing Island, it is imperative to strictly control industrial pollution and urban and town domestic pollution, prevent and treat agricultural diffuse pollution and prevent, control and abate water environmental pollution in accordance with laws and regulations on environmental protection and on drinking water resource protection so as to effectively conserve the ecology and maintain the safety of the drinking water resource of Changxing Island.

Article 7 (Planning Preparation)

The overall planning of Changxing Island shall be drawn up in accordance with the State’s and the Municipality’s overall planning of economic and social development and the overall urban planning, reflecting the development orientation and function characteristics of Changxing Island. The overall planning of Changxing Island shall be jointly drawn up by the municipal city planning administration, the development office and the Chongming county government,and put into effect upon approval of the Municipal People’s Government

The development office shall, in accordance with the overall economic and social development planning of this Municipality and the overall planning of Changxing Island approved by the Municipal People’s Government, jointly with the Chongming county government, arrange for preparation of a detailed regulatory planning of Changxing Island and submit the planning, which has been comprehensively balanced by the municipal city planning administration, to the Municipal People’s Government for approval.

The development office shall, jointly with the Chongming county government and relevant municipal government departments, draw up a special planning program for Changxing Island and submit the program, which has been comprehensively balanced by the municipal city planning administration, to the Municipal People’s Government for approval.

The Changxing township government shall, jointly with the Chongming county planning administration, draw up the township planning and village planning of Changxing Island and put the planning into effect after approval from the Chongming county government,which shall ask for the opinions of the development office in the process of planning examination and approval.

Article 8 (Land Reserve and Early-stage Development)

The development office shall, in accordance with the overall planning of Changxing Island, the overall planning of land use and the detailed regulatory planning, put forward a land reserve plan and program for approval as required by the State and this Municipality.

The development office is responsible for the land reserve of Changxing Island,and the units entrusted by the development office shall undertake arrangement for the early-stage development and infrastructure construction of the reserved land. The units to implement the early-stage development project and infrastructure construction shall be determined through open bidding.

In respect of the land placed in the development and construction planning, the Chongming county government shall assist in handling the formalities for the transformation of farmland to construction-use land and exercise the good management of demolition and relocation in accordance with the State’s and this Municipality’s provisions on housing demolition.

Article 9 (Construction Project Administration)

The development office shall administer the public bidding, completion recording and other work of construction projects within Changxing Island.

Article 10 (Authorization and Conduct of Administrative Permit and Record-keeping)

The development office, authorized by relevant municipal government departments, exercises in Changxing Island administrative permit and record-keeping affairs set out below:

(1) authorized by the foreign investment administration, the examination and approval of the establishment of foreign-funded enterprises;

(2) authorized by the enterprise investment project approving department, the approval and recording management of investment projects of domestic and foreign enterprises;

(3) authorized by the planning administration, the examination and approval of the construction project site opinion statement, the permit for construction-use land planning, the planning and designing program of construction projects and the permit for construction project planning, and acceptance of the completed construction project planning;

(4) authorized by the land administration, the preliminary examination of land supply for construction projects such as the allocation and transfer of State-land-use rights except requisition of land collectively owned by farmers, the transformation of farmland to construction-use land and the land occupied but not yet used by construction projects;

(5) authorized by the construction administration, the examination and approval of application for construction projects, preliminary design of construction projects and the construction work permit of construction projects;

(6) authorized by the municipal works administration, the examination and approval of the felling of trees within the road-use-land area;

(7) authorized by the greenery administration, the examination and approval of the removal or felling of trees and temporary use of public green space;

(8) authorized by the forestry administration, the examination and approval of the occupation of economic forests within the scope of the approved detailed regulatory planning which meets the requirements for the administration of woodland requisition quota and which falls within the purview of examination and approval;

(9) authorized by the water affairs administration, the examination and approval of construction projects and water supply and drainage within the scope of river course administration;

(10) authorized by the housing administration, the examination and approval of the delivery and use of newly-built houses;

(11) authorized by the civil defense administration, the examination and approval of the building of air-defense basements in combination with civil architectures.

In respect of the authorized administration of administrative permit affairs and record-keeping in the preceding article, relevant departments shall sign a power of attorney with the development office, specifying therein particular contents such as supervision over authorized affairs. The development office shall submit reports on authorized administrative permit affairs to the administrative department that gives authorization for record; the administrative department that gives authorization shall supervise the administrative permit affairs conducted by the development office and appoint specialized persons to give guidance, if necessary, for those highly professional administrative permit affairs or those with multiple approval procedures.

Article 11 (The Accepting and Handling of Application for Administrative Permit)

The development office shall, jointly with the Chongming county government, set up a unified service window for accepting the application for administrative permit and, in the principle of“accepting at one-stop window, handling at different offices”, simplify procedures and improve working efficiency for administrative permit affairs accepted and handled by the development office and the Chongming county government as well as its departments.

Besides those administrative permit affairs the development office is authorized to undertake as provided in Article 10 of these Procedures, relevant municipal government departments of education, public health, etc. shall provide convenient channels for, and appoint specialized persons in charge of, the administrative permit affairs of construction projects of schools, hospitals and other social supporting facilities within Changxing Island; the development office may also arrange for relevant municipal government departments of education, public health, etc. to regularly handle the administrative permit affairs of construction projects such as schools, hospitals and other social supporting facilities in Changxing Island.

Article 12 (Sending Copies of Accepted Administrative Permit Affairs)

The Chongming county government and its departments shall send a copy of the information on accepted administrative permit affairs relating to the development and construction of Changxing Island to the development office within two working days after acceptance.

The Chongming county government, its departments and relevant municipal government departments shall send a copy of handling results of administrative permit affairs involving construction projects of Changxing Island to the development office within two working days after examination and approval.

Article 13 (Administrative Law Enforcement)

Except the construction project administration and administrative permit affairs as provided in Article 9 and Article 10 of these Procedures, the development office shall coordinate with relevant municipal government departments and the Chongming county government in performing according to laws the duty of administrative law enforcement within Changxing Island.

The Chongming county government shall organize and coordinate relevant administrative departments of the Chongming county in performing according to laws the duty of administrative law enforcement within Changxing Island.

Article 14 (Making Public Government Affairs)

The development office shall, in accordance with the requirements of making public government affairs, make public in office premises the basis, content, conditions, procedures, time limit and the catalogue of all the documents to be submitted, the model text of application of the administrative permit.

Article 15 (Construction Project Completion Acceptance and Subsequent Administration)

The development office is responsible for organizing the construction units and relevant municipal administrative departments to make completion acceptance of construction projects of Changxing Island according to laws. After the completion acceptance of construction projects, the Chongming county government and its departments as well as relevant municipal government departments shall be responsible for relevant administration in accordance with their respective duties.

Article 16 (Effective Date)

These Procedures shall be effective as of the date of promulgation.