Order of the People's Government of Heilongjiang Province
(No. 6)
"Decision of the People's Government of Heilongjiang Province on Delegating a Group of Provincial Administrative Licensing Matters to Harbin New District" "Adopted by the 77th Executive Meeting of the Provincial Government on December 19, 2016, is hereby announced and will come into effect on November 4, 2017.
Governor: Lu Hao
October 5, 2017
Decision of the People’s Government of Heilongjiang Province on delegating a number of provincial administrative licensing matters to Harbin New District /p>
The 77th Executive Meeting of the Provincial Government decided to delegate 19 provincial administrative licensing items to Harbin New District and grant 4 approval rights within the jurisdiction of Harbin New District.
Relevant departments in Harbin New District and all provinces must promptly, conscientiously and strictly carry out the implementation and connection of decentralized provincial administrative licensing matters. For administrative licensing matters that are delegated to management levels and need to be entrusted for implementation in accordance with the law, entrustment procedures must be completed in a timely manner, and business guidance and supervision must be strengthened at the same time. Harbin New District must standardize the execution of provincial-level administrative licensing matters it undertakes in accordance with the law, effectively strengthen management, and ensure that administrative power is taken over in place.
This decision will come into effect on November 4, 2017.
Attachment:
1. Administrative licensing matters delegated to Harbin New District (19 items)
2. Matters conferring approval authority within the jurisdiction of Harbin New District (4 Items)
Attachment 1
Administrative licensing matters delegated to Harbin New District
(19 items)
Serial number authority title implementation basis exercise Subject Notes 1 Energy conservation review of fixed asset investment projects within the authority 1. "Energy Conservation Law of the People's Republic of China" (amended on July 2, 2016)
2. "State Council's Notice on Strengthening Energy Conservation Work" Decision" (Guofa [2006] No. 28)
3. "Measures for the Review of Energy Conservation of Fixed Asset Investment Projects" (National Development and Reform Commission Order No. 44, 2016)
4. "About Notice on Strengthening the Energy Conservation Assessment and Review of Fixed Asset Investment Projects (No. 2787, Development and Reform Investment [2006]) Approval of environmental impact assessment of construction projects within the purview of the Provincial Development and Reform Commission (excluding radiation projects and cross-city projects) 1. "People's Republic of China*" **Environmental Impact Assessment Law of the People's Republic of China" (amended on July 2, 2016) 2. "Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution" (passed on June 28, 2003) The Provincial Environmental Protection Department is a matter of administrative power" Sub-item 3 of "Environmental Impact Assessment Approval for Construction Projects within the Authority (including Radiation Projects) (Authority Code: 230000-01-0-0578)" Sub-item 3 Environmental Protection Acceptance Approval for Completion of Construction Projects within the Authority (Except for Radiation Projects and Cross-City Projects) 1. "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" (amended on June 27, 2017)
2. "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" (Amended on November 27, 2016) (Amended on June 7, 2003)
3. "Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution" (passed on June 28, 2003)
4. "Environmental Protection of Construction Projects" "Management Regulations" (State Council Order No. 253, revised on July 16, 2017) The Provincial Environmental Protection Department belongs to the administrative power matters "Environmental Protection Acceptance Approval of Completion of Construction Projects (including Radiation Projects) within the Authority (Authority Code: 230000-01-0- 0576)" Preliminary design, construction drawing design and change approval of highway projects within the scope of sub-item 4 of "0576)" (except for preliminary design approval of national highways and provincial highways) 1. "Construction Engineering Survey and Design Management Regulations" (State Council Order No. 293, 2015 Amended on June 12)
2. "Construction Project Quality Management Regulations" (State Council Order No. 279)
3. "Highway Construction Market Management Measures" (2004 Ministry of Communications Order No. 14, revised on June 26, 2015)
4. "Measures for the Management of Changes in Highway Engineering Design" (Ministry of Communications Order No. 5, 2005) Provincial Department of Transportation
Construction Permit for Highway Construction Projects within Sub-Item 5 of the Administrative Power Matters "Preliminary Design, Construction Drawing Design and Change Approval of Highways and Water Transport Projects within the Authority (Authority Code: 230000-01-0-0830)" 1. "People's Republic of China *** and the National Highway Law" (amended on November 7, 2016) 2. "Decision of the State Council on Cancellation and Adjustment of a Group of Administrative Approval Projects and Other Matters" (Guofa [2014] No. 50) 3. "Highway Construction Market Management Measures" (Ministry of Communications Order No. 14, 2004, revised on June 26, 2015) Provincial Department of Transportation 6 Foreign Trade Operator Registration 1. "Foreign Trade Law of the People's Republic of China" (November 2016 (Amended on the 7th)
2. "Measures for the Registration of Foreign Trade Operators" (Ministry of Commerce Order No. 14, 2004, revised on August 18, 2016). This matter of the Provincial Department of Commerce falls under the jurisdiction of the Ministry of Commerce. It is not a matter that is announced and decentralized by the provincial government this time.
The Provincial Department of Commerce shall report to the Ministry of Commerce and entrust Harbin New District to implement the filing and registration.
7 Approval for the Establishment of Scrap Vehicle Recycling Enterprises "Measures for the Administration of Scrap Vehicle Recycling" (State Council Decree No. 307) Provincial Department of Commerce 8 Approval for the Establishment and Change of Domestic and Foreign-Invested Enterprises 1. "Law of the People's Republic of China on Sino-foreign Joint Ventures" (Amended on November 7, 2016) 2. "Law of the People's Republic of China and Sino-foreign Joint Ventures" (Amended on September 3, 2016) 3. "Law of the People's Republic of China and Foreign-Funded Enterprises" (2016 (Amended on September 3, 2018) 4. "Regulations on the Implementation of the Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures" (issued by the State Council in 1983 and amended by State Council Order No. 648)
5. "Regulations of the State Council on The Decision of the State Council on the Cancellation and Adjustment of the Fifth Batch of Administrative Approval Projects (Guofa [2012] No. 52)
6. The Decision of the State Council on the Cancellation and Delegation of Administrative Approval Projects to Management Levels (Guofa [2010] No. 21) Approval of the establishment of an accounting firm (branch) by the Provincial Department of Commerce 9 1. "Certified Accountant Law of the People's Republic of China" (amended on August 31, 2014)
2 , "Decision of the State Council on Cancellation and Decentralization of a Group of Administrative Approval Projects" (Guofa [2013] No. 44) 3. "Interim Measures for the Approval and Supervision of Accounting Firms" (Ministry of Finance Order No. 24, 2005) Provincial Department of Finance 10 The establishment of a publication wholesale unit is subject to the approval of the "Publication Management Regulations" (State Council Decree No. 343, revised on February 6, 2016). The Provincial Press, Publication, Radio, Film and Television Bureau has 11 health licenses for products involving drinking water hygiene and safety. 1. "People's Republic of China" *The Law of the People's Republic of China on the Prevention and Control of Infectious Diseases" (amended on June 29, 2013)
2. "Decision of the State Council to Establish Administrative Licensing for Administrative Approval Items that Really Need to Be Retained" (State Council Order No. 412, Amended on August 25, 2016)
3. "Heilongjiang Province Drinking Water Hygiene Supervision and Management Regulations" (Provincial Government Order No. 17, 1997, amended on November 6, 2013) Provincial Health and Family Planning Commission 12. Health license of disinfection product manufacturers (except manufacturers of disposable medical supplies) 1. "Law of the People's Republic of China on the Prevention and Control of Infectious Diseases" (amended on June 29, 2013)
2 , "Decision of the State Council on Setting Administrative Licensing for Administrative Approval Items that Really Need to Be Retained" (State Council Order No. 412, revised on August 25, 2016) Provincial Health and Family Planning Commission 13 Laboratory and Inspection Agency Qualification Certification (including metrology certification and Review and Approval) 1. "The People's Republic of China and the National Metrology Law" (amended on April 24, 2015) 2. "The People's Republic of China and the National Product Quality Law" (amended on August 27, 2009)
3. "Regulations of the People's Republic of China on Certification and Accreditation" (State Council Decree No. 390, revised on February 6, 2016) Provincial Quality Supervision Bureau 14 Special Equipment Transformation and Maintenance License 1. "Special Equipment Safety Supervision Regulations" (State Council Order No. 373, revised on January 24, 2009)
2. "Decision of the State Council on Cancellation and Decentralization of a Group of Administrative Approval Projects" (Guofa [2014] No. 5 ) Provincial Quality Supervision Bureau
Sub-item 15 food-related products (excluding tableware washing (agent, tableware disinfectant) production license 1. "Food Safety Law of the People's Republic of China" (revised on April 24, 2015)
2. "Industrial Products of the People's Republic of China" Implementation Measures for the Production License Management Regulations" (Order No. 156 of the General Administration of Quality Supervision, Inspection and Quarantine in 2014) III. "Notice on Adjusting the Production Licensing Work for Pressure Cookers and Other Products" (State Quality Inspection and Food Supervision Letter [2010] No. 914) Provincial Quality Supervision Bureau 16 Travel Agency Qualification Approval for Operating Border Tours 1. "Travel Law of the People's Republic of China" (Amended on November 7, 2016) 2. "Decision of the State Council to Establish Administrative Licensing for Administrative Approval Items that Really Need to Be Retained" ” (State Council Order No. 412, revised on August 25, 2016) 3. “Decision of the State Council on Cancellation and Adjustment of a Group of Administrative Approval Projects and Other Matters” (Guofa [2014] No. 27) Provincial Tourism Development Committee 17 Foreign Investment Travel agency business license 1. "Travel Agency Regulations" (State Council Order No. 550, revised on March 1, 2017) 2. "State Council Order No. 550, revised on March 1, 2017"
Decision on Cancellation and Adjustment of a Group of Administrative Approval Items and Other Matters" (Guofa [2014] No. 27) Provincial Tourism Development Committee 18 Foreign (Regional) Enterprise Permanent Representative Office Registration "Foreign Enterprise Permanent Representative Office Registration Management Regulations" ( State Council Order No. 584, revised on July 18, 2013) Provincial Administration for Industry and Commerce 19 Approval of Commercial Performances by Foreign Performing Groups or Individuals "Regulations on the Administration of Commercial Performances" (State Council Order No. 439, revised on February 6, 2016) Provincial Department of Culture
A sub-item belonging to the administrative power matter "Approval of commercial performances by foreign, Hong Kong, Macao and Taiwan performance groups or individuals (authority code: 230000-01-0-1377)"
Attachment 2
Matters conferring approval authority within the jurisdiction of Harbin New District
(4 items)
Serial No. Authority Name Implementation Basis Remarks 1 Preliminary review of land for construction projects within the jurisdiction 1. "Land Management Law of the People's Republic of China" (amended on August 28, 2004) 2. "Implementation Regulations of the Land Management Law of the People's Republic of China" (State Council Order No. 256, July 29, 2014 (Amendment) 3. The Measures for the Administration of Preliminary Review of Land Use for Construction Projects (Order No. 42 of the Ministry of Land and Resources in 2008, revised on November 29, 2016) is based on the provisions of the Measures for the Administration of Preliminary Review of Land Use for Construction Projects (Order No. 68 of the Ministry of Land and Resources). , The pre-examination of land use for construction projects implements the principle of pre-examination at the same level, that is, construction projects approved by the people's government or the development and reform department of the government with approval authority shall be pre-examined by the land and resources department of the government. Construction projects approved by Harbin New District can be pre-examined by the land and resources department of Harbin New District. 2 Registration of social groups within the scope of authority "Regulations on the Registration and Management of Social Groups" (State Council Decree No. 250, revised on February 6, 2016) In accordance with the provisions of the "Regulations on the Registration and Management of Social Groups" and the "Interim Regulations on the Registration and Management of Private Non-Enterprise Units", Social groups and private non-enterprise units are subject to centralized registration and group management. The civil affairs department of Harbin New District has the right to register social groups and private non-enterprise units. Their registered names should be preceded by the words "Harbin New Area" in accordance with relevant regulations. 3 Registration of Private Non-Enterprise Units within the Permissions "Interim Regulations on the Registration and Management of Private Non-Enterprise Units" (State Council Order No. 251) 4. Accounting Qualification Qualifications Within the Permissions 1. "Accounting Law of the People's Republic of China and the State" (October 1999) (Revised on the 31st) 2. "Decision of the State Council on Cancellation and Decentralization of a Group of Administrative Approval Projects" (Guofa [2014] No. 5) 3. "Measures for the Management of Accounting Qualifications" (2012 Ministry of Finance Order No. 73, 2016 Revised on May 11)