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Investment System Reform - Case 5: Reform of the Investment Management System of "Four ones"

Article From:   Time:2017/11/21 17:34:50 【Size:B M SPrint

(Provided by China (Fujian) Pilot Free Trade Zone)

On 1 July, 2015, based on the investment management system reform of "Parallel approval", Pingtan Area of China (Fujian) Pilot Free Trade Zone (hereinafter referred to as Fujian Pilot Free Trade Zone) carried out the pilot "Comprehensive approval"; all the administrative approval items involved from the will invest in the construction project from the investment and completion acceptance are divided into 4 stages as the site selection and land use planning, project review and approval, design review and construction approval and unified completion acceptance. Each stage is provided with the comprehensive approval of "One-form application, single-window acceptance, parallel review, one-stamp approval". The administrative approval bureau is set up to responsible for the application; the functional departments of planning, land resources, development and reform, urban construction, transport and environmental protection should participate in the specific examination and approval. All examination and approval departments as a whole will face to the market.

I. Main practice

In accordance with the provisions of the Administrative Permit Law, the Fujian Provincial People's Government sets up the administrative approval bureau in Pingtan Area, which should be responsible for the comprehensive examination and approval of investment projects. Main practice is as follows:

(1) Adjustment and consolidation of approval items.

The 116 administrative approval items involved from investment to completion acceptance are consolidated to 26 items and should be divided into 4 stages: (1) Site selection and land use planning. Without violating the mandatory provisions of the existing laws and regulations and after the conformation of investment projects, the items of the preliminary site selection, land use pre-examination, forest and sea use pre-examination, the environmental impact assessment, social stability risk and land transfer formalities are integrated into the site selection and land use stage; where the transfer is carried out in market-oriented way or the "Bidding or action" is applied to obtain the land use right, the next stage can be directly started. (2) Project review and approval for the record. Under the premise of no changes in the review function of existing industry management department and no reduction of the regulation, the project feasibility study report review, environmental impact assessment report review, soil and water conservation scheme review, energy-saving assessment report review, social stability risk assessment and other review issues should be integrated into the stage of the project review and approval for the record. (3) Design review and construction license stage. Without violating the related regulations of administrative approval intermediary services, the planning overall plan review, preliminary design plan review, civil air defense facilities review, fire control facilities review, meteorological facilities review and earthquake facilities review and other review matters on the project construction drawing and other approval matters related to construction permit are integrated into the design review and construction license stage. (4) Unified completion and acceptance stage. Various acceptance matters involved in the project completion and acceptance, such as the environmental protection facilities completion and acceptance, soil and water conservation acceptance, construction project planning and acceptance, acceptance of civil air defense facilities, project data acceptance, fire fighting facilities acceptance, acceptance of safety facilities, meteorological facilities acceptance and acceptance of earthquake prevention facilities, should be integrated into the unified completion and acceptance stage. 

(2) All approval items processing should be under the guidance of the administrative approval bureau, and a unified process should be applied.

All approval items involved in the construction project should be provided with the process of "One-form application, Single-window acceptance, parallel review, one-stamp approval". 

One-form application

Unified application form filled by the enterprise

 

Single-window acceptance

Comprehensive window of investment project

Materials submitted by the applicant

On-site review and acceptance

One-off notification

Parallel review

Joint review of relevant departments and concentrated review of experts

 

Pass

Fail

Re-development of report and re-application

Fair pass

Amendment and improvement of report

Concentrated review of experts and joint review of relevant departments

Concentrated publicity for 5 working days

One-stamp approval

Summarizing joint review results and drafting approval document

Submitted to the Free Trade Zone Management Committee for signature

Issuing Comprehensive Approval Decision

 

(3) Parallel review with integration of the approval formalities of various certificates and licenses.

The investment construction project is operated in accordance with the "Four ones" mode. At each stage, various functional departments should exercise its administrative license approval authority in accordance with the law. Without violating the relevant license management regulations of the state, the investors can obtain the corresponding Comprehensive Approval Decision at each stage. Due to the need of investment, the investors can obtain the corresponding certificate, license and approval in the administrative service window with the Comprehensive Approval Decision.

(4) Implementing the performance management mechanism of "Overtime default" and "Absent default".

The processing at each stage should be included into the performance appraisal, and the "Overtime default" and "Absent default" should be implemented. In case of not involving public security and public interests, if the parties submit the application materials in compliance with the legal condition of application and the relevant functional departments are absent a joint review, fail to give feedback on time or fail to sign on time, it should be agreed as a consent made. 3 times of delay within a month or 5 times of delay within a quarter will be given the administrative efficiency warning. If the legal liability is caused due to "Overtime default" and "Absent default", the liability shall be pursued against the parties in accordance with the law; the compensation should be made in accordance with the law if there is damage to the parties' legitimate rights and interests. The measures of "Overtime default" and "Absent default" are taken to ensure the investment management system reform effectively implemented.

II. Practical effect

As of 30 September, Pingtan Area has 42 investment construction projects with the application of "Four ones" model. A total of 113 pieces of "Comprehensive Approval Decision" were issued; the time for approval on social investment construction project is shortened to 93 working days; the overall administrative efficiency is increased by nearly three times.

(1) Simplifying more than 90% of the administrative approval materials.

      According to incomplete statistics, more than 250 items should be approved before the reform for a project from investment to completion and acceptance of the enterprise; sometimes, the ID card should be submitted more than 10 times. After the reform, the application items have been reduced by 90%, to about 19 items.

(2) Optimization of the approval process of the investment project.

     Before the reform, the examination and approval is carried out basically in accordance with the "One process for one approval item, so that the functional cross of the relevant departments, the repeated reviews and application materials often occur or are even reversed. Even the "Parallel approval" is difficult to solve the problems of due to long-time delay on a decision making due to disagreements. After the implementation of the reform of "Comprehensive approval", a window accepts the materials to solve the problem of the repeated receipt; a department leads the process and coordination to solve the problem of "passing the buck to each other" and "delay on a decision making".

(3) The integration of intermediary service resources.

    Before the reform, the enterprise needs to entrust the intermediary service institution with the preparation of project feasibility study report, the eia report, soil and water conservation scheme, the energy conservation assessment report, social stability risk assessment report and other materials, as well as the expert argumentation and announcement, so that a project always took 1 year or so, even up to 2 to 3 years. After the reform, the measures such as the preparation of consolidated document of the Project Feasibility Study Report +, unified organization of the experts to review, inter-department joint review and concentrated announcement, have been taken to improve the overall efficiency.

III. Working thought of next step

(1) Further improving and implementing investment management system reform of "Three lists and one diagram".

The Investment System Reform of "Three lists and one diagram" should be further improved. Around the merger and adjustment of the examination and approval matters, the power list, charging list and responsibility list involved in the investment project approval should be further clarified, and the diagram of various stages and steps should be drawn to facilitate the investors dealing with issues and to smooth government collaboration and to enhance supervision of disciplinary inspection efficiency.

(2) Minimizing discretion.

    In view of the problems of too much discretion in the approval work, the discretion standardization should be promoted for the planning, the EIA, water conservation, construction scheme review and bidding and other sensitive links. The methods such as the promote standardization of discretion, by using the standard application form and popularization of declaration description, the standardized document and the principle of following precedent cases, should be applied to further regulate the exercise of power.

(3) The implementation of the "Internet + administrative approval" gradually achieves the "Online service" for the investors.

    The information technology should be applied to establish the administrative approval service center of big data to collect the certificate, license and approval of the government departments, as well as relevant information of the administrative approval, so as to ensure that the approval department can quickly and accurately obtain the information. The intelligent methods should be explored, to solve the problem of general "Industrial review" by way of mathematical modeling. The WeChat public platform should be fully used to promote the implementation of "Online service" for the investors and to realize that the investors can use a mobile phone and other communication tools to deal with relevant business.