(No. 6)
The Decision of the People's Government of Heilongjiang Province on a Batch of Provincial-level Administrative License Matters Delegated to Harbin New District has been adopted by the Provincial Government at the 77th Executive Meeting on December 19, 2016, and is hereby promulgated to come into force from November 4, 2017 onwards.
Governor: Lu Hao
October 5, 2017
Decision of the People's Government of Heilongjiang Province on Decision on a Batch of Provincial-level Administrative License Matters Delegated to Harbin New District
The 77th Executive Meeting of the Provincial Government has decided to delegate 19 provincial-level administrative licenses to Harbin New District, and to give Harbin New District the right of approval within its jurisdiction for 4 items.
Harbin New Area, the relevant departments of the provincial government should be timely, conscientious and rigorous to do a good job in the implementation of the decentralized provincial administrative licensing matters and articulation work. Decentralized management level administrative licensing matters, according to law need to be entrusted with the implementation of the entrustment procedures should be handled in a timely manner, while strengthening business guidance and supervision. Harbin New District to undertake the provincial administrative licensing matters, regulate the exercise of law, and effectively strengthen the management to ensure that the administrative power to undertake in place.
This decision shall come into force from November 4, 2017 onwards.
Attachment:
1. Administrative licensing matters delegated to Harbin New District (19)
2. Matters conferring approval authority within the jurisdiction of Harbin New District (4)
Attachment 1
Administrative Licensing Matters Decentralized to Harbin New District
(19)
Serial No. Name of Authority Implementation Basis Exercise subject Remarks1 Energy Conservation Review of Fixed Asset Investment Projects within the Authority I. The Law of the People's Republic of China on Energy Conservation of the People's Republic of China*** and the People's Republic of China (Amended on July 2, 2016)
II. The Decision of the State Council on Strengthening Energy Conservation (Guo Fa [2006] No. 28)
III. Measures for the Review of Energy Conservation of Fixed Asset Investment Projects (National Development and Reform Commission Decree No. 44 of 2016)
IV. No. 44)
iv. Notice on Strengthening Energy Conservation Assessment and Review of Fixed Asset Investment Projects (Development and Reform Investment [2006] No. 2787) Provincial Development and Reform Commission?2 Approval of Environmental Impact Assessment of Construction Projects within the Purview of the Authority (Except for Radiation Projects and Cross-Municipal Projects) i. The Law of the People's Republic of China on Environmental Impact Assessment of the People's Republic of China*** and the State of China (Amended on July 2, 2016) ii. ***The Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution (adopted on June 28, 2003) The Provincial Environmental Protection Department is a subsection of the administrative power item "Approval of Environmental Impact Assessment of Construction Projects (Including Radiation Projects) within the Authority (Authority Code: 230000-01-0-0578)".3 Approval of Completion of Environmental Protection Acceptance of Construction Projects within the Authority Approval (except for radiation projects and cross-municipal projects) I. The Law of the People's Republic of China on the Prevention and Control of Water Pollution (amended on June 27, 2017)
II. The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes (amended on November 7, 2016)
III. The Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution (adopted on June 2003)
III. (Adopted on June 28, 2003)
Fourth, "Regulations on the Management of Environmental Protection of Construction Projects" (State Council Decree No. 253, amended on July 16, 2017) Provincial Environmental Protection Department belongs to the administrative power matters "competence construction projects (including radiation projects) completion of environmental protection acceptance examination and approval (authority code: 230000-01-0-0576)
Third, "Highway Construction Market Management Measures" (2004 Ministry of Transportation Decree No. 14, amended on June 26, 2015)
Fourth, "Highway Engineering Design Change Management Measures" (2005 Ministry of Transportation Decree No. 5) Provincial Department of Transportation and Communications
belongs to the administrative power matters "competence of the highway, water transport project preliminary design, construction drawing design and change approval (June 12, 2015)
The administrative power matters "highway, water transport project preliminary design, construction drawing design and change approval (June 12, 2015) Construction Drawing Design and Change Approval (Authority Code: 230000-01-0-0830)" Subitem 5 Construction Permit for Highway Construction Projects within the Authority I. The Highway Law of the People's Republic of China (Amended on November 7, 2016) II. No. 50]) iii. Measures for the Administration of the Highway Construction Market (2004 Ministry of Transportation Decree No. 14, amended on June 26, 2015) Provincial Department of Transportation 6 Record of Foreign Trade Operators i. Chinese People's *** and State's Foreign Trade Law (amended on November 7, 2016)
ii. Measures for the Record and Registration of Foreign Trade Operators (2004 Ministry of Commerce Decree No. No. 14, amended on August 18, 2016) Department of Commerce of the province the matter belongs to the Ministry of Commerce authority, does not belong to this provincial government announced the decentralization of matters.
By the Department of Commerce to report to the Ministry of Commerce separately entrusted Harbin New District to implement the record registration.7 Approval of the establishment of scrap car recycling enterprises "Measures for the Administration of the Recycling of Scrap Cars" (Decree No. 307 of the State Council) Department of Commerce 8 authority to approve the establishment of foreign-invested enterprises and the approval of changes in the establishment of foreign-invested enterprises, a "Chinese People's Republic of China*** and the State of China's Chinese-Foreign Cooperative Joint Ventures Act" (Amended on November 7, 2016), second. Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures (amended on September 3, 2016) iii. Law of the People's Republic of China on Foreign Invested Enterprises (amended on September 3, 2016) iv. Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures (issued by the State Council in 1983 and amended by State Council Decree No. 648)
v. State Council Regulation on the Sixth Batch of Decision on Cancellation and Adjustment of Administrative Approval Items (Guo Fa [2012] No. 52)
Sixth, the State Council on the Fifth Batch of Decision on Cancellation and Decentralization of Management-Level Administrative Approval Items (Guo Fa [2010] No. 21) Department of Commerce of the Province 9 Establishment of Accounting Firms (Branches) Approval of a Chinese People's Republic of China (Aug 31, 2014) Amendment)
Second, the "State Council on the cancellation and decentralization of a number of administrative approval projects" (Guofa [2013] No. 44) Third, "Interim Measures for the Approval and Supervision of Accounting Firms" (2005 Ministry of Finance Decree No. 24) Provincial Department of Finance 10 Approval for the Establishment of Wholesale Units of Publications Publication Administration Regulations (State Council Decree No. 343, amended on February 6, 2016) Provincial Press, Publication, Radio, Film and Television Bureau 11 authority related to drinking water health and safety of product health licensing a. "Chinese People's **** and the State Law on Prevention and Control of Infectious Diseases" (amended on June 29, 2013)
Second, "the State Council on the need to retain the administrative examination and approval of the project to set up administrative licensing decision" (State Council Decree No. 412, amended on August 25, 2016)
Third, Heilongjiang Provincial Health Supervision and Administration of Living Drinking Water Regulations (Provincial Government Decree No. 17 of 1997, amended on November 6, 2013) Provincial Health and Family Planning Commission 12 Disinfection Products Manufacturing Enterprises (except for the production of disposable medical supplies) Health Permit I. "The People's Republic of China *** and the State of the Prevention and Control of Infectious Diseases Act" (Amended on June 29, 2013)
II. Decision of the State Council on Setting Administrative Permits for Administrative Approval Projects that Need to be Retained (State Council Decree No. 412, amended on August 25, 2016) Provincial Health and Family Planning Commission 13 Laboratory and Inspection Agency Qualification Recognition (including metrological accreditation and review of accreditation) i. The People's Republic of China *** and the State Law on Metrology (amended on April 24, 2015) ii. The People's Republic of China *** and the State Law on Product Quality (Amended August 27, 2009)
Third, "Certification and Accreditation Regulations of the People's Republic of China **** and the State" (State Council Decree No. 390, amended February 6, 2016) Provincial Bureau of Quality Supervision 14 special equipment renovation, repair permits a, "Special Equipment Safety Supervision Regulations" (State Council Decree No. 373, amended on January 24, 2009)
Second, the State Council on the cancellation and decentralization of a number of administrative approval project decision" (Guo Fa [2014] No. 5) Provincial Quality Supervision Bureau
Sub-items belonging to the administrative power matters "special equipment installation, transformation, maintenance license (authority code: 230000-01-0-2197)" 15 food-related products (excluding) Tableware detergent, tableware disinfectant) production license a "People's Republic of China *** and the State Food Safety Law" (revised on April 24, 2015)
Second, "People's Republic of China *** and the State Industrial Products Production License Regulations Implementation Measures" (2014 General Administration of Quality Supervision, Inspection and Quarantine Decree No. 156) Third, "on the adjustment of pressure cookers and other products production licensing work Notice" (AQSIQ Food Supervision Letter [2010] No. 914) Provincial Quality Supervision Bureau 16 Travel Agency Qualification Approval for Operating Border Tours i. The Tourism Law of the People's Republic of China*** and the State (Amended on November 7, 2016) ii. The Decision of the State Council on the Setting of Administrative Licenses for Administrative Approval Items that Really Need to be Retained (State Council Decree No. 412, amended on August 25, 2016) iii. Cancellation and adjustment of a number of administrative approval projects and other matters of the decision "(Guo Fa [2014] No. 27) Provincial Tourism Development Commission 17 foreign-invested travel agency business license I. "Regulations on Travel Agencies" (State Council Decree No. 550, amended on March 1, 2017) Second, "the State Council on the cancellation and adjustment of a number of administrative approval projects and other matters of the decision" (Guo Fa [2014] No. 27) Provincial Tourism Development Commission 18 foreign (regional) enterprises resident representative office registration "Regulations on the Administration of Registration of Foreign Enterprises Resident Representative Offices" (State Council Decree No. 584, amended on July 18, 2013) Provincial Bureau of Industry and Commerce 19 foreign performing groups or individuals business performance approval "Regulations on the Administration of Business Performances" (State Council Decree No. 439, amended on February 6, 2016) Provincial Department of Culture
Sub-item belonging to the administrative power matters "foreign, Hong Kong, Macao and Taiwan performing groups or individuals business performance approval (authority code: 230000-01-0-1377)"
Attachment 2
Matters given to the jurisdiction of the Harbin New District approval power
(4)
p>Serial No. Name of Authority Implementation Basis Remarks 1 Pre-examination of Land Use for Construction Projects within the Authority I. The Land Management Law of the People's Republic of China (Amended on August 28, 2004) II. Regulations for the Implementation of the Land Management Law of the People's Republic of China (State Council Decree No. 256, Amended on July 29, 2014) III. Ministry of Land and Resources Decree No. 42, amended on November 29, 2016) Pursuant to the Measures for the Administration of Pre-examination of Land Use for Construction Projects (Ministry of Land and Resources Decree No. 68), the principle of pre-examination at the same level is implemented for the pre-examination of land use for construction projects, i.e., construction projects approved by the people's government or by the governmental departments of development and reform, etc., which have the power of approval, shall be pre-examined by the competent department of land and resources of such government. Construction projects approved by Harbin New Area may be pre-examined by the competent land and resources department of Harbin New Area.2 Registration of Social Organizations within the Competence "Regulations on the Administration of Registration of Social Organizations" (State Council Decree No. 250, as amended on February 6, 2016) Pursuant to the "Regulations on the Administration of the Registration of Social Organizations" and the "Provisional Regulations on the Administration of Registration of Privately-run Non-Enterprise Units", the registration and administration of social organizations and privately-run non-enterprises units is carried out by grouping together. Registration, group management, Harbin New District civil affairs department has the right to social organizations and private non-enterprise registration, its registration name in accordance with the relevant provisions should be crowned with the words "Harbin New District". 3 competence of the registration of private non-enterprise units "Interim Regulations on the Registration and Management of Private Non-Enterprise Units" (State Council Decree No. 251). 4 competence of the Accountant Qualification Recognition of Accounting Practitioners i. Accounting Law of the People's Republic of China (Revised on October 31, 1999) ii. Decision of the State Council on the Cancellation and Decentralization of a Number of Administrative Approval Items (State Council Decree No. 5 [2014]) iii. Measures for the Administration of Accounting Practitioners' Qualifications (Decree of the Ministry of Finance No. 73, 2012, as amended on May 11, 2016)