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Notice of the Administrative Committee of Beijing Economic-Technological Development Area and Beijing Municipal Commission of Housing and Urban-Rural Development on Issuing the Implementation Plan on Conducting Trials of Granting Construction Permits via the Requirement Notification and Compliance Commitment Mechanism in Beijing Ec

Jing Ji Guan [2021] No. 150

To all departments of the Working Committee and Administrative Committee of Beijing Economic-Technological Development Area,

  To intensify the efforts in "reforming government functions", optimize the business environment and vigorously support the commencement of construction projects, the Administrative Committee of Beijing Economic-Technological Development Area and Beijing Municipal Commission of Housing and Urban-Rural Development have formulated the Implementation Plan on Conducting Trials of Granting Construction Permits via the Requirement Notification and Compliance Commitment Mechanism in Beijing Economic-Technological Development Area, which is hereby issued to you all. Please make arrangement to implement with the utmost care.

Administrative Committee of Beijing Economic-Technological Development Area

 Beijing Municipal Commission of Housing and Urban-Rural Development

  December 1, 2021

  Implementation Plan on Conducting Trials for the Issuance of Construction Permits via the Requirement Notification and Compliance Commitment Mechanism in Beijing Economic-Technological Development Area

  To apply the decisions made by the CPC Central Committee and the State Council and the requirements of the CPC Beijing Municipal Committee and the People's Government of Beijing Municipality on developing the "Two Districts", continuously advance the reform of "government functions", and optimize the business environment, Beijing takes the Beijing Economic-Technological Development Area (hereinafter, the "ETDA") as a pilot zone to explore the way to issue construction permits via the notification commitment system in accordance with the Implementation Opinions on the Comprehensive Reform of the Review and Approval System for Construction Projects (Guo Ban Fa [2019] No. 11), the Measures of Beijing Municipality on Implementing Notification Commitment System in the Review and Approval of Matters Requiring Government Approval (Jing Shen Gai Ban Fa [2020] No. 1), and the Work Plan on Introducing New Measures for and Strengthening Interim Supervision and Developing an Integrated and Comprehensive Supervision System (Jing Jian Guan Lian Ban Fa [2021] No. 8). This Implementation Plan is formulated based on the particular conditions of the Economic Development Area.

  I. Overall Requirements

  (I). Guidance

  Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and following the instructions from the 19th National Congress of the Communist Party of China and its Second, Third, Fourth, Fifth, and Sixth Plenary Sessions, we will unleash the potential of the Economic Development Area, a pilot zone for reform and innovation. It is encouraged to be bold in innovation and optimize the approval procedures for construction permits via the notification commitment system in an attempt to explore a chain management model for the supervision and management of construction projects, streamline the approval procedures, and make supervision more targeted and services refined. It is expected to contribute Yizhuang's experience to the reform of "government functions" in the entire city of Beijing and inject new impetus into creating a globally top-notch business environment in line with high-quality development.

  (II). Objectives

  To effectively make market entities more comfortable and satisfied, it is expected to shorten the duration of applying for construction permits and ensure instant processing where the projects are subject to the requirement notification and compliance commitment mechanism, allowing "construction commencement upon a compliance commitment is made".

  II. Scope of Application and Implementation Procedures

  (I). Scope of Application

  Where a project involving the construction, renovation, and decoration of housing buildings and their supporting facilities, as well as the installation of their supporting cables, pipelines and devices, or an urban municipal infrastructure project (except for civil-funded low-risk projects) within the core area (60 sqkm) of the EDTA require construction permits, the project owner may at their discretion choose to apply for the construction permit via the requirement notification and compliance commitment mechanism. Otherwise, the project owner shall follow the original procedures to apply for the construction permit.

  The requirement notification and compliance commitment mechanism for the application for a construction permit is not applicable in the following circumstances:

  1. Construction projects have been started without a permit;

  2. The project owner, construction unit or supervision unit and the person in charge of the construction project illegally started construction within Yizhuang New Town in the past three years.

  The administrative examination and approval department of the EDTA issues a one-off notification to the project owner, informing it of the conditions, standards, materials required for application and legal responsibilities through online or offline channels. Where a project owner submits documents required by the letter of requirement notification together with a written compliance commitment to indicate its eligibility and acknowledgment of potential legal responsibilities and subsequent consequences when filing an application, the administrative examination and approval department directly grants the construction permit.

  (II). Implementation Procedures

  1. Government Notification

  The administrative examination and approval department of the EDTA issues a one-off notification to the project owner, informing it of the authority that issues the construction permit, contact of the authority, documents to be submitted, the basis and reference, supervisory responsibilities, performance requirements, disciplinary measures for the breach of commitment and complaint channels in the notification letter (please refer to the attachment).

  2. Corporate Commitment

  The project owner logs into the Beijing Online Approval and Supervision Platform for Investment Project to make a compliance commitment in writing about the basic project information, procedures that have been completed, obtained construction funds, review and approval of drawings, construction conditions and legal responsibilities to be undertaken; and uploads the letter of commitment (please refer to the attachment) and the construction unit confirmation document. The project owner files an application for the construction permit in the system, prints the completed form out and seals it, and then uploads it to the platform and have the construction permit application form generated. The project owner shall strictly observe the principle of integrity, and be responsible for the authenticity, legality and completeness of the documents and information submitted in the application process, without making false commitment.

  3. Instant Processing

  If application materials meet the standards, the administrative examination and approval department immediately grants the construction permit; the registration procedure for project quality supervision and the filing procedure for safety supervision are combined and handled at the same time; the project owner instantly obtains the electronic permit online and can print it out in hard copy for offline display. The Announcement of Quality Supervision and Law Enforcement for Construction Projects in Beijing and the Announcement of Safety Supervision and Law Enforcement for Construction Projects in Beijing can be downloaded for printing.

  III. Enhancing Interim and Ex Post Supervision

  (I). Clarifying Responsibilities of Different Departments

  In terms of supervision, relevant departments shall uphold the principle of improving regulation while delegating power, link the approval and supervision sessions, try to realize whole process supervision, i.e., ex ante, interim, and ex post supervision, and build an integrated online and offline supervision system. The administrative examination and approval department is responsible for processing the application for construction permits, and it shall inspect the project that has obtained the construction permit via the requirement notification and compliance commitment mechanism for commitment fulfillment within the required time; the industry supervision department is responsible for supervision by inspecting the project in accordance with laws and regulations during the construction process; the law enforcement department is responsible for imposing administrative penalties on any violations of laws and regulations. Items the construction permits, problems found in the process of supervision, and law enforcement results shall be shared among the examination and approval, supervision, and law enforcement departments for common use.

  (II). Commitment Fulfillment Inspection

  After the construction permit is issued, the administrative examination and approval department shall inspect the project for commitment fulfillment within 20 natural days. The inspection shall focus on the following aspects: a) if the actual conditions of the project is consistent with the commitment; b) if all information required in key application materials are fully and accurately provided; c) if all materials required for the application is provided; d) and if there is any illegal act such as commencing construction without a construction permit.

  (III). Classification of Misconducts and Corresponding Penalties

  The EDTA has divided all kinds of misconducts into three classes, i.e., minor misconducts, general misconducts and serious misconducts, and established a tiered credit management system to record the project owner's misconducts against the compliance commitment. All misconducts will be put into the credit record by the EDTA, and met with differentiated disciplinary measures according to the severity of the misconduct.

  Minor misconducts including that information provided in the brief description about the project is inconsistent with the project and that the construction site doesn't meet the conditions for construction shall be corrected in a timely manner, or an order will be issued to require rectification within a time limit. Minor misconducts including committing the misconduct for the first time, minor misconduct and unintentional misconduct that haven't cause severe adverse consequences will not be disclosed to the public.

  If the minor misconduct hasn't been rectified within a specific period, it will be upgraded to general misconduct, recorded into the credit record by the EDTA, and made public for a period from one to six months. Such information will then be reported to the municipal credit platform.

  Construction without a permit, failing to going through the necessary procedures for obtaining a land use permit and a planning permit, and the necessary bidding and tendering process, etc., are serious misconducts. Information on such misconducts and illegal acts will be submitted to the supervision department and law enforcement department, the project will be halted for rectification within a specified period of time, and administrative penalties will be meted out in accordance with law. Furthermore, construction permits will be revoked in serious cases such as failing to make rectifications within the specified period of time or refuse to do so. The publicity period ranges from six months to one year; and the untrustworthy units, legal representatives, and other major responsible persons will receive joint punishment with their information being reported to the municipal credit platform.

  Construction permits obtained by making fraudulent and false promises or through other illegitimate means will be directly revoked by the administrative examination and approval department in accordance with provisions in Article 13 of the Administrative Measures for the Construction Permit (Order No. 18 of the MoHURD). Relevant information will be handed over to the supervision and law enforcement departments for punishment in accordance with law.

  If the competent department decides to revoke the permit, the project owner and the construction unit will receive administrative penalties in accordance with provisions in Article 13 of the Administrative Measures for the Construction Permit. Besides, the requirement notification and compliance commitment mechanism will no longer be applicable to the project owner in the following two years.

  (IV). Proactive Publicity

  Information on the construction permit, commitment, revocation, and administrative penalty of projects that the construction permit of which is obtained via the requirement notification and compliance commitment mechanism will be made public on the website of Beijing Municipal Housing and Urban-Rural Development Commission and the website of the EDTA by the administrative approval, supervision and law enforcement departments in accordance with regulations. That is, such information will be put under the supervision of the society.

  (V). Carrying out Priority-based Supervision

  The industry supervision department shall compile a supervision plan and conduct inspection via the Beijing Construction Project Quality and Safe Production Work Supervision and Law Enforcement Platform according to the Regulations of Beijing Municipality on Supervising over the Construction Quality of Housing Buildings and Municipal Infrastructure (Jing Jian Fa [2018] No. 2), and the Regulations of Beijing Municipality on Supervising over the Safe Production Work of Housing Building and Municipal Infrastructure (Jing Jian Fa [2019] No. 16) among other documents. Inspection shall be carried out mainly on projects that obtain construction permits via the requirement notification and compliance commitment mechanism.

  If the construction content, construction unit and personnel information are found inconsistent with that on the construction permit, the unit will be ordered to make rectification within a certain period of time and such information shall be promptly reported to the administrative examination and approval department and the comprehensive law enforcement department.

  If the project owner fails to commence the construction on time for certain reasons within three months from the date of obtaining the permit and hasn't apply for an extension of the permit before expiration, or, fails to commence the construction project after the statutory number of times for extension and deadline for apply for extensions, the construction permit shall automatically become invalid according to the Article 8 in the Administrative Measures for the Construction Permit (Order No. 18 of the MoHURD); and relevant information shall be promptly reported to the administrative examination and approval department to get the invalidated construction permit canceled.

  If the construction in progress is suspended for some reason, which is not reported by the project owner to the administrative examination and approval department within one month from the date of suspension, the project owner shall be ordered to make rectification within a certain period of time; if the construction is suspended for more than one year, the project owner will be urged to submit an application to ask the administrative examination and approval department to verify the project construction permit before resuming the construction work.

  (VI). Differentiated Supervision Based on Risk Classification

  The industry supervision department supervises project execution in accordance with the Regulations of Beijing Municipality on the Quality of Construction Project Quality, the Regulations of Beijing Municipality on Supervising over the Construction Quality of Housing Buildings and Municipal Infrastructure (Jing Jian Fa [2018] No. 2), Regulations of Beijing Municipality on Supervising over the Safe Production Work of Housing Building and Municipal Infrastructure (Jing Jian Fa [2019] No. 16) together with other regulatory documents. By referring to the Technical Guide on the Grading Control of Quality Risks of Housing Construction and Municipal Infrastructure Engineering in Beijing (Jing Jian Fa [2019] No. 438), the Notice on Launching an Online Platform for the Grading Control of Quality Risks of Housing Construction and Municipal Infrastructure Engineering in Beijing (Jing Jian Fa [2020] No. 352), and taking into account of how commitments are fulfilled, a differentiated supervision and management mechanism based on risk classification for projects obtaining the construction permit via the requirement notification and compliance commitment mechanism shall be introduced with the help of the Beijing Construction Project Quality and Safe Production Work Supervision and Law Enforcement Platform, the Platform for the Grading Control of Quality Risks of Construction Projects in Beijing and the Law Enforcement Platform for Beijing Municipal Commission of Housing and Urban-Rural Development. Attentions should be paid to empower the supervision with technology by fully exploiting the "Smart Construction Site".

  IV. Working Requirements

  (I). Strengthening Organization

  Beijing Municipal Commission of Housing and Urban-Rural Development shall strengthen the overall planning, coordination and guidance of the trial reform program. Under the guidance of Beijing Municipal Commission of Housing and Urban-Rural Development, the Office of the Steering Group for Reforming the Administrative Approval System in the EDTA shall formulate an implementation plan for the reform and organize the execution while coordinating efforts to solve critical and difficult issues, thus supporting the implementation of the trial reform program. In case that the mistakes or deviations occurred in the reform are stipulated in the Measures for Error Tolerance and Correction in Beijing Economic-Technological Development Area, the responsible person or unit can be exempted from the liabilities or the punishment can be lightened and mitigated in accordance with regulations, rules and laws. Besides, measures shall be taken to supervise the rectification so as to timely address identified issues.

  (II). Attention to Labor Division and Cooperation

  All relevant departments should effectively enhance your understanding and awareness of the trial reform program, strengthen coordination and cooperation based on your respective responsibilities in terms of the trial reform program, so as to ensure the application of various policies and measures. Besides, it is necessary to advance the process and register progress while making improvement based on the evaluation and analysis results concerning how well reform policies are executed, and collect feedback, summarize and make recommendations accordingly; re-shape the working process, enhance coordination of the examination and approval, supervision and law enforcement departments, so as to continuously advance the reform programs.

  (III). Better Information Support

  Beijing Municipal Commission of Housing and Urban-Rural Development shall take the lead in improving the construction permit application function of the Beijing Online Approval and Supervision Platform for Investment Project for projects that the notification commitment system applicable to, and optimizing the examination and approval service module in the Construction Permit Information System, so as to enable the system to push information on planning permit and property certificate on the platform, and enable the project owner to make queries about such information on the platform.

  (IV). Proactive Publicity and Guidance

  It is recommended to fully utilize online and offline media outlets to publicize and interpret policies of the trial reform program, pay attention to the opinions expressed by enterprises and relevant individuals, actively respond to social concerns and constantly adjust and optimize the reform measures. Working staff needs to be better trained and guided with their professional skills and competence further improved. Experience and excellent practices shall be promptly reported to Beijing Municipal Commission of Housing and Urban-Rural Development so that they can be replicated and shared in a timely manner.

  This Implementation Plan is valid for one year during which you are encouraged to report problems and issues arising from the application process to the administrative examination and approval department of the EDTA.

  Annexes:

  1. Letter of Commitment on Compliance with the Requirements Notified for Construction Permit (Housing Building Projects)

  2. Letter of Commitment on Compliance with the Requirements Notified for Construction Permit (Municipal Infrastructure Projects)

  3. Letter of Commitment on Compliance with the Requirements Notified for Construction Permit (Renovation and Decoration Projects)

  
Annex 1

  Letter of Requirement Notification of Beijing Economic-Technological Development Area on the Application for Administrative Services —— Construction Permit (Housing Building Projects)

  Office

  Administrative Approval Bureau of Beijing Economic-Technological Development Zone

  Contact

  Meng Wei

  Tel.

  67857536

  Designation of the matter to be processed

  

  Materials that the applicant are required to submit

  Name of the material

  Specific requirements about the material

  Letter of Commitment on Compliance with the Requirements Notified for Construction Permit

  

  Confirmation from the construction unit

  

  

  

  Matters to be notified

  Reference

  I. Article 7 of the Construction Law of the People's Republic of China.

  II. Administrative Measures for the Construction Permits (Order No. 18 of the MoHURD)

  III. Measures of Beijing Municipality for the Administration of Construction Permits (issued by the People's Government of Beijing Municipality in the Order No. 139; and amended by the People's Government of Beijing Municipality in the Order No. 277)

  Application requirements

  

  I. Statutory Conditions to be Met by the Project Owner

  To apply for a construction permit, the project owner shall meet the following conditions:  

  (I). Where it is required to complete the procedures of obtaining the approval for the land use in accordance with law, it has already completed such procedures for the construction project.  

  (II). Where it is required to apply for the construction planning permit in accordance with law, it has already obtained the construction planning permit for the construction project.

  (III). The construction site basically meets the construction conditions, and where housing buildings need to be acquired, the acquisition progress is compliant with the construction requirements. The site meets the construction and living requirements by being equipped with water supply and drainage, electricity for construction, temporary facilities and roads for construction. No illegal commencement of construction or other behaviors in violation of applicable laws and regulations.

  (IV). The construction unit has been identified. The already-identified construction unit will be disqualified if the project owner does not organize the necessary bidding and tendering process, or necessary open bidding and tendering process, or divides the project into several smaller sub-projects, or the construction unit identified is unqualified. (Note: If the construction unit is located outside Beijing, it needs to be registered for the access into the Beijing market in accordance with applicable regulations.)

  (V). There are financial arrangements, construction drawings and technical data which meet the construction requirements.

  (VI). There are specific measures to ensure the quality and safety of the project.

  (VII). The application materials are complete; all required information is provided; and the signature and seal are valid and meet relevant requirements.

  II. Requirements about the Materials to be Submitted

  The applicant shall upload e-documents of high-resolution in PDF format with the corporate stamp or seal in the application system.

  III. Other Requirements

  (I). The applicant is willing to make a commitment to meeting the above-mentioned conditions, and submits a letter of compliance commitment in line with requirements in the application system.

  (II). The applicant undertakes that the information he/she provided in the submitted materials are true and the submitted materials are in compliance with the statutory requirements.

  Application requirements

  

  (III). The applicant shall fully cooperate with the supervision departments, truthfully report the progress of the construction project, and provide relevant information on project construction as required. The applicant agrees to disclose relevant information and accept supervision of relevant departments and the society. (Work and tasks that the applicant shall be competed within the commitment period, standards and technical requirements shall be met, and duties and responsibilities shall be fulfilled.)

  Disciplinary measures for the breach of commitment

  I. If the applicant is found having any of the following minor misconducts, rectification shall be made:

  1. There is any error in the brief description about the project;

  2. The construction site doesn't meet the conditions for construction.

  If the applicant is found having any of the following general misconducts, such information will be recorded in the credit record by the EDTA and made public:

  1. Failure to rectify minor misconducts within the prescribed time limit;

  If the applicant is found having any of the following serious misconducts, the EDTA will impose joint disciplinary actions and punishment which include but not limited to revoking the permit and meting out administrative penalties:

  1. Construction without a permit;

  2. Failure to complete the procedures of obtaining land use permit and the planning permit in accordance with law;

  3. The construction funds have not been obtained, or the project owner commits a serious violation against the Notice on Implementing the Requirements about Project Owners of Housing Building and Municipal Infrastructure Projects Settling and Paying the Project Payment;

  4. The construction is not carried out in accordance with the reviewed construction drawings and design documents, or is executed by re-purposing industrial and commercial property to residential property.

  5. The construction violates applicable regulations of the state and Beijing Municipality on construction quality and construction safety; or that all stakeholders participated in the construction fail to formulate specific measures as required to ensure construction quality and safety.

  6. The identified construction (or supervision) unit and the person in charge of the project fail to meet the qualification standards;

  7. Necessary bidding and tendering process isn't organized for the construction project.

  II. If the administrative examination decision and approval is revoked due to the applicant's fault, the legal responsibilities arising therefrom including legal responsibilities as a result of adverse impact and loss incurred to any third party shall be borne by the applicant.

  Channel for applicants to file an appeal

  If the applicant has any objection to the punishment decision, he/she can submit a complaint or objection through statutory channels. This request will be processed with a reply issued within 5 working days except for the case where an intervention of a third-party professional service agency is necessary. During the period of processing objections, the applicant should suspend the construction.

  Other contents to be notified

  The Administrative Approval Bureau of the Economic Development Zone reserves the final right to interpret this Requirement Notification.

  

  

  

  
Letter of Commitment on Compliance with the Requirements Notified for Construction Permit (Housing Building Projects) of Beijing Economic-Technological Development Area

  Basic information

  Applicant

  

  ID number/
Unified social credit code

  

  Legal representative

  

  Mailing address

  

  Contact Person

  

  Tel.

  

  Other information about the applicant

  

  Materials that the applicant are required to submit

  Name of the material

  Status of submission

  Letter of Commitment on Compliance with the Requirements Notified for Construction Permit

  □Submitted  □Not yet submitted

  Confirmation from the construction unit

  □Submitted  □Not yet submitted

  

  

  Commitments

  I. Brief description of the project

  The name of the construction unit is consistent with the information on the project planning permit. The ownership is filled in truthfully.

  Address of the construction unit is the address for industrial and commercial registration. Telephone number is filled in truthfully.

  The legal representative is filled in truthfully.

  The person from the construction unit who is in charge of the project is filled in truthfully (he or she should be authorized by the legal person of the construction company).

  The name of the project is consistent with the information on the project planning permit. If a single planning permit is used to apply for construction permit multiple times, the project name and name of the single project as stated in the annex to the planning permit shall be reported truthfully.

  Construction site is consistent with the information on the project planning permit.

  The contract price is consistent with the information as stated in the construction contract.

  The construction scale is consistent with the declared total scale of this single project.

  The contract duration is consistent with the duration as stated in the construction contract.

  The general contractor of the construction project is as stated in the construction contract.

  The supervision unit is filled in truthfully.

  The person in charge of the construction project is filled in truthfully (he or she should be authorized by the legal person of the construction unit). The chief supervising engineer should be reported truthfully (he or she should be authorized by the legal person of the supervision unit).

  The surveying unit is filled in truthfully.

  The design unit is filled in truthfully.

  The person in charge of surveying is filled in truthfully (he or she should be authorized by the legal person of the survey unit).

  The project leader of design unit is filled in truthfully (he or she should be authorized by the legal person of the design unit).

  II. Procedures that have been completed

  The construction project planning permit The number and issuance date of the construction project planning permit

  Please truthfully submit the basic information on the unit project that the construction permit is applied for Basic information includes the number, name and scale, etc. of the unit project.(If necessary, the planning permit can be attached hereto)

  Bid-winning notice and construction contract For projects that are subject to the bidding and tendering process, provide the reference number of the construction bid-winning notice, and indicate that the "Construction contract has been signed".

  For projects that are not necessarily subject to the bidding and tendering process, indicate that "This project is not not necessarily subject to the bidding and tendering process and the construction contract has been signed".

  III. The construction funds have been obtained, which is RMB ___ , and the funds come from ____. (Self-raised by state-owned enterprises, government investment or others). As of the date of application, the project owner has never delayed in paying any project's payment, and is committed to fully fulfilling the settlement schedule of this construction project without any irregularities such as delinquency in project payment; the project owner will strictly abide by the Notice on Implementing the Requirements about Project Owners of Housing Building and Municipal Infrastructure Projects Settling and Paying the Project Payment (Jing Jian Fa [2019] No. 1).

  IV. The project owner will have the construction unit carry out construction in strict accordance with the reviewed and approved construction drawings and design documents with no violations such as re-purposing the industrial and commercial property to residential property.

  V. The project owner will strictly follow the national and Beijing's regulations on construction quality and safety, as well as the specific measures formulated by all stakeholders involved to ensure the quality and safety of the project.

  VI. The identified construction (or supervising) unit meets the qualification standards. Qualifications of the person in charge of the project (registered constructor) is in compliance with relevant regulations, and he/she hasn't been serving as the person in charge of other projects under construction.

  VII. The project owner that can directly apply for the construction permit in accordance with the regulations is committed that it is aware of relevant provisions in the Regulations on Projects Subject to Bidding and Tendering Process (Order No. 16 of the National Development and Reform Commission):

  (I). Number of the document approving the project is ______, and the bidding and tendering approach stipulated in the document is ________.

  (II). This project doesn't fall into the scope of projects necessarily subject to bidding and tendering according to the Order No. 16 of the National Development and Reform Commission. The project owner strictly observes relevant laws, regulations and policies of the state and Beijing Municipality, and signs the construction (or supervision) contract in the principle of equality, voluntariness and good faith.

  VIII. The basic information provided is true and accurate; I am aware of all the information notified by the office; I confirm my commitment to completing the required task within the agreed period of time and meeting relevant standards technical requirements. I will perform relevant duties and assume corresponding responsibilities; I am willing to bear the legal responsibility for false commitment, failure to fulfill the promise or the breach of promise, and accept punishment measures agreed to be imposed by the office.

  IX. I will fully cooperate with relevant departments in supervising the project, truthfully report the progress of the construction project, and provide information as required about the construction process of the project. The applicant agrees to disclose relevant information and accept supervision of relevant departments and the society.

  X. The commitment made hereby is the representation of the applicant's true intentions.

  Applicant (Legal Representative) (Signature or Seal):

  (Corporate Seal)

  MM         DD         YY

  

  

  
Annex 2

  Letter of Requirement Notification of Beijing Economic-Technological Development Area on the Application for Administrative Services — Construction Permit (Municipal Infrastructure Projects)

  Office

  Administrative Approval Bureau of Beijing Economic-Technological Development Zone

  Contact Person

  Meng Wei

  Tel.

  67857536

  Designation of the matter to be processed

  

  Materials that the applicant are required to submit

  Name of the material

  Specific requirements about the material

  Letter of Commitment on Compliance with the Requirements Notified for Construction Permit

  

  Confirmation from the construction unit

  

  

  

  Matters to be notified

  Reference

  I. Article 7 of the Construction Law of the People's Republic of China.

  II. Administrative Measures for the Construction Permits (Order No. 18 of the MoHURD)

  III. Measures of Beijing Municipality for the Administration of Construction Permits for Construction Projects (issued by the People's Government of Beijing Municipality in the Order No. 139; and amended by the People's Government of Beijing Municipality in the Order No. 277)

  Application requirements

  I. Statutory conditions to be met by the project owner

  The project owner applying for the construction permit shall meet the following conditions:  

  (I). Where it is required to complete the procedures of obtaining the approval for the land use in accordance with law, it has already completed such procedures for the construction project.  

  (II). Where it is required to apply for the construction planning permit in accordance with law, it has already obtained the construction planning permit for the construction project.

  (III). The construction site basically meets the construction conditions, and where housing buildings need to be acquired, the acquisition progress is compliant with the construction requirements. The site meets the construction and living requirements by being equipped with water supply and drainage, electricity for construction, temporary facilities and roads for construction. No illegal commencement of construction or other behaviors in violation of applicable laws and regulations.

  (IV). The construction unit has been identified. The already-identified construction unit will be disqualified if the project owner does not organize the necessary bidding and tendering process, or necessary open bidding and tendering process, or divides the project into several smaller sub-projects, or the construction unit identified is unqualified. (Note: If the construction unit is located outside Beijing, it needs to be registered for the access into the Beijing market in accordance with applicable regulations.)

  (V). There are financial arrangements, construction drawings and technical data which meet the construction requirements.

  (VI). There are specific measures to ensure the quality and safety of the project.

  (VII). The application materials are complete; all required information is provided; and the signature and seal are valid and meet relevant requirements.

  II. Requirements about the Materials to be Submitted

  The applicant shall upload e-documents of high-resolution in PDF format with the corporate stamp or seal in the application system.

  III. Other Requirements

  (I). The applicant is willing to make a commitment to meeting the above-mentioned conditions, and submits a letter of compliance commitment in line with requirements in the application system.

  (II). The applicant undertakes that the information he/she provided in the submitted materials are true and the submitted materials are in compliance with the statutory requirements.

  (III). The applicant shall fully cooperate with the supervision departments, truthfully report the progress of the construction project, and provide relevant information on project construction as required. The applicant agrees to disclose relevant information and accept supervision of relevant departments and the society.

  Disciplinary measures for the breach of commitment

  I. If the applicant is found having any of the following minor misconducts, rectification shall be made:

  1. There is any error in the brief description about the project;

  2. The construction site doesn't meet the conditions for construction.

  If the applicant is found having any of the following general misconducts, such information will be recorded in the credit record by the EDTA and made public: 
1. Failure to rectify minor misconducts within the prescribed time limit;

  If the applicant is found having any of the following serious misconducts, the EDTA will impose joint disciplinary actions and punishment which include but not limited to revoking the permit and meting out administrative penalties:

  1. Construction without a permit;

  2. Failure to complete the procedures of obtaining land use permit and the planning permit in accordance with law;

  3. The construction funds have not been obtained, or the project owner commits a serious violation against the Notice on Implementing the Requirements about Project Owners of Housing Building and Municipal Infrastructure Projects Settling and Paying the Project Payment;

  4. The construction is not carried out in accordance with the reviewed construction drawings and design documents, or is executed by re-purposing industrial and commercial property to residential property.

  5. The construction violates applicable regulations of the state and Beijing Municipality on construction quality and construction safety; or that all stakeholders participated in the construction fail to formulate specific measures as required to ensure construction quality and safety.

  6. The identified construction (or supervision) unit and the person in charge of the project fail to meet the qualification standards;

  7. Necessary bidding and tendering process isn't organized for the construction project.

  II. If the administrative examination decision and approval is revoked due to the applicant's fault, the legal responsibilities arising therefrom including legal responsibilities as a result of adverse impact and loss incurred to any third party shall be borne by the applicant.

  Channel for applicants to file an appeal

  If the applicant has any objection to the punishment decision, he/she can submit a complaint or objection through statutory channels. This request will be processed with a reply issued within 5 working days except for the case where an intervention of a third-party professional service agency is necessary. During the period of processing objections, the applicant should suspend the construction.

  Other contents to be notified

  The Administrative Approval Bureau of the Economic Development Zone reserves the final right to interpret this Requirement Notification.

  

  

  

  Letter of Compliance Commitment for Construction Permit (Municipal Infrastructure Projects) of Beijing Economic-Technological Development Area

  Basic information

  Applicant

  

  ID number/
Unified social credit code

  

  Legal representative

  

  Mailing address

  

  Contact Person

  

  Tel.

  

  Other information about the applicant

  

  Materials that the applicant are required to submit

  Name of the material

  Status of submission

  Letter of Commitment on Compliance with the Requirements Notified for Construction Permit

  □Submitted  □Not yet submitted

  Confirmation from the construction unit

  □Submitted  □Not yet submitted

  

  

  Commitments

  I. Brief description of the project
The name of the construction unit is consistent with the information on the project planning permit. The ownership is filled in truthfully.

  Address of the construction unit is the address for industrial and commercial registration. Telephone number is filled in truthfully.

  The legal representative is filled in truthfully.

  The person from the construction unit who is in charge of the project is filled in truthfully (he or she should be authorized by the legal person of the construction company).

  The name of the project is consistent with the information on the project planning permit. If a single planning permit is used to apply for construction permit multiple times, the project name and name of the single project as stated in the annex to the planning permit shall be reported truthfully.

  Construction site is consistent with the information on the project planning permit.

  The contract price is consistent with the information as stated in the construction contract.

  The construction scale is consistent with the declared total scale of this single project.

  The contract duration is consistent with the duration as stated in the construction contract.

  The general contractor of the construction project is as stated in the construction contract.

  The supervision unit is filled in truthfully.

  The person in charge of the construction project is filled in truthfully (he or she should be authorized by the legal person of the construction unit). The chief supervising engineer should be reported truthfully (he or she should be authorized by the legal person of the supervision unit).

  The surveying unit is filled in truthfully.

  The design unit is filled in truthfully.

  The person in charge of surveying is filled in truthfully (he or she should be authorized by the legal person of the survey unit).

  The project leader of design unit is filled in truthfully (he or she should be authorized by the legal person of the design unit).

  II. Procedures that have been completedThe construction project planning permit The number and issuance date of the construction project planning permit

  Please truthfully submit the basic information on the unit project that the construction permit is applied for Basic information includes the number, name and scale, etc. of the unit project.(If necessary, the planning permit can be attached hereto)

  

  Bid-winning notice and construction contract For projects that are subject to the bidding and tendering process, provide the reference number of the construction bid-winning notice, and indicate that the "Construction contract has been signed".

  For projects that are not necessarily subject to the bidding and tendering process, indicate that "This project is not not necessarily subject to the bidding and tendering process and the construction contract has been signed".

  III. The construction funds have been obtained, which is RMB ___, and the funds come from ____. (Self-raised by state-owned enterprises, government investment or others). As of the date of application, the project owner has never delayed in paying any project's payment, and is committed to fully fulfilling the settlement schedule of this construction project without any irregularities such as delinquency in project payment; the project owner will strictly abide by the Notice on Implementing the Requirements about Project Owners of Housing Building and Municipal Infrastructure Projects Settling and Paying the Project Payment (Jing Jian Fa [2019] No. 1).

  IV. The project owner will have the construction unit carry out construction in strict accordance with the reviewed and approved construction drawings and design documents.

  V. The project owner will strictly follow the national and Beijing's regulations on construction quality and safety, as well as the specific measures formulated by all stakeholders involved to ensure the quality and safety of the project.

  VI. The identified construction (or supervising) unit meets the qualification standards. Qualifications of the person in charge of the project (registered constructor) is in compliance with relevant regulations, and he/she hasn't been serving as the person in charge of other projects under construction.

  VII. The project owner that can directly apply for the construction permit in accordance with the regulations is committed that it is aware of relevant provisions in the Regulations on Projects Subject to Bidding and Tendering Process (Order No. 16 of the National Development and Reform Commission):

  (I) Number of the document approving the project is ______, and the bidding and tendering approach stipulated in the document is ________.

  (II). This project doesn't fall into the scope of projects necessarily subject to bidding and tendering according to the Order No. 16 of the National Development and Reform Commission. The project owner strictly observes relevant laws, regulations and policies of the state and Beijing Municipality, and signs the construction (or supervision) contract in the principle of equality, voluntariness and good faith.

  VIII. The basic information provided is true and accurate; I am aware of all the information notified by the office; I confirm my commitment to completing the required task within the agreed period of time and meeting relevant standards technical requirements. I will perform relevant duties and assume corresponding responsibilities; I am willing to bear the legal responsibility for false commitment, failure to fulfill the promise or the breach of promise, and accept punishment measures agreed to be imposed by the office.

  IX. I will fully cooperate with relevant departments in supervising the project, truthfully report the progress of the construction project, and provide information as required about the construction process of the project. The applicant agrees to disclose relevant information and accept supervision of relevant departments and the society.

  X. The commitment made hereby is the representation of the applicant's true intentions.

  Applicant (Legal Representative) (Signature or Seal):

  (Corporate Seal)

  MM       DD         YY

  

  

  

  

  Annex 3

  Letter of Requirement Notification of Beijing Economic-Technological Development Area on the Application for Administrative Services — Construction Permit (Renovation and Decoration Projects)

  Office

  Administrative Approval Bureau of Beijing Economic-Technological Development Zone

  Contact Person

  Meng Wei

  Tel.

  67857536

  Designation of the matter to be processed

  

  Materials that the applicant are required to submit

  Name of the material

  Specific requirements about the material

  Letter of Commitment on Compliance with the Requirements Notified for Construction Permit

  

  Confirmation from the construction unit

  

  

  

  Matters to be notified

  Reference

  I. Article 7 of the Construction Law of the People's Republic of China.

  II. Administrative Measures for the Construction Permits (Order No. 18 of the MoHURD)

  III. Measures of Beijing Municipality for the Administration of Construction Permits for Construction Projects (issued by the People's Government of Beijing Municipality in the Order No. 139; and amended by the People's Government of Beijing Municipality in the Order No. 277)

  Application requirements

  I. Statutory Conditions to be Met by the Project Owner

  To apply for a construction permit, the project owner shall meet the following conditions:  

  (I). Where it is required to apply for the construction planning permit in accordance with law, it has already obtained the construction planning permit for the construction project.

  (II). The site basically meets the construction conditions. No illegal commencement of construction or other behaviors in violation of applicable laws and regulations.

  (III). The construction unit has been identified. The already-identified construction unit will be disqualified if the project owner does not organize the necessary bidding and tendering process, or necessary open bidding and tendering process, or divides the project into several smaller sub-projects, or the construction unit identified is unqualified. (Note: If the construction unit is located outside Beijing, it needs to be registered for the access into the Beijing market in accordance with applicable regulations.)

  (IV). There are financial arrangements, construction drawings and technical materials that meet the construction requirements. According to applicable regulations: For internal renovation project (excluding civil air defense projects) with an area of 300 sqm to 2,000 sqm, the person in charge of the project design shall be a registered architect; if the project involves main structure change, the person in charge of structure shall be a registered structural engineer; the registered engineer whose stamp or signature is put on the document shall be responsible for the design quality and safety; other internal renovation projects that the drawings of which need to be reviewed according to applicable regulations should obtain the certificate indicating that the construction drawings have been approved before the official start of the project.

  (V). There are specific measures to ensure quality and safety of the project.

  (VI). The ownership certificate of the property has been obtained. If it is a leased property, the lease contract has been signed and the decoration has been approved by the property owner.

  (VII). The application materials are complete; all required information is provided; and the signature and seal are valid and meet relevant requirements.

  II. Requirements about the Materials to be Submitted

  The applicant shall upload e-documents of high-resolution in PDF format with the corporate stamp or seal in the application system.

  III. Other Requirements

  (I). The applicant is willing to make a commitment to meeting the above-mentioned conditions, and submits a letter of compliance commitment in line with requirements in the application system.

  (II). The applicant undertakes that the information he/she provided in the submitted materials are true and the submitted materials are in compliance with the statutory requirements.

  (III). The applicant shall fully cooperate with the supervision departments, truthfully report the progress of the construction project, and provide relevant information on project construction as required. The applicant agrees to disclose relevant information and accept supervision of relevant departments and the society.

  Disciplinary measures for the breach of commitment

  I. If the applicant is found having any of the following minor misconducts, rectification shall be made:

  1. There is any error in the brief description about the project;2. The construction site doesn't meet the conditions for construction.

  If the applicant is found having any of the following general misconducts, such information will be recorded in the credit record by the EDTA and made public:

  1. Failure to rectify minor misconducts within the prescribed time limit;If the applicant is found having any of the following serious misconducts, the EDTA will impose joint disciplinary actions and punishment which include but not limited to revoking the permit and meting out administrative penalties:

  1. Construction without a permit;2. Failure to complete the procedures of obtaining land use permit and the planning permit in accordance with law;3. The construction funds have not been obtained, or the project owner commits a serious violation against the Notice on Implementing the Requirements about Project Owners of Housing Building and Municipal Infrastructure Projects Settling and Paying the Project Payment;4. The construction is not carried out in accordance with the reviewed construction drawings and design documents, or is executed by re-purposing industrial and commercial property to residential property.

  5. Changes are made to the main structure or to beams, plates or columns without approval from the planning department.6. The construction violates applicable regulations of the state and Beijing Municipality on construction quality and construction safety; or that all stakeholders participated in the construction fail to formulate specific measures as required to ensure engineering quality and safety.7. The identified construction (or supervising) unit and the person in charge of the project fail to meet the qualification standards.

  8. Necessary bidding and tendering process isn't organized for the construction project.

  9. The usage of the property does not receive consent from the property owner; or the actual usage is different from the indicated purpose on the property right certificate.

  II. If the administrative examination decision and approval is revoked due to the applicant's fault, the legal responsibilities arising therefrom including legal responsibilities as a result of adverse impact and loss incurred to any third party shall be borne by the applicant.

  Channel for applicants to file an appeal

  If the applicant has any objection to the punishment decision, he/she can submit a complaint or objection through statutory channels. This request will be processed with a reply issued within 5 working days except for the case where an intervention of a third-party professional service agency is necessary. During the period of processing objections, the applicant should suspend the construction.

  Other contents to be notified

  The Administrative Approval Bureau of the Economic Development Zone reserves the final right to interpret this Requirement Notification.

  

  Letter of Compliance Commitment for Construction Permit (Renovation and Decoration Projects) of Beijing Economic-Technological Development Area

  Basic information

  Applicant

  

  ID number/
Unified social credit code

  

  Legal representative

  

  Mailing address

  

  Contact Person

  

  Tel.

  

  Other information about the applicant

  

  Materials that the applicant are required to submit

  Name of the material

  Status of submission

  Construction Permit

  Letter of Compliance Commitment for Construction Permit

  □Submitted  □Not yet submitted

  Confirmation from the construction unit

  □Submitted  □Not yet submitted

  Commitments

  I. Brief description of the project

  The name of the construction unit is consistent with the information on the project planning permit. The ownership is filled in truthfully.

  Address of the construction unit is the address for industrial and commercial registration. Telephone number is filled in truthfully.

  The legal representative is filled in truthfully.

  The person from the construction unit who is in charge of the project is filled in truthfully (he or she should be authorized by the legal person of the construction company).

  The name of the project is consistent with the information on the project planning permit. If a single planning permit is used to apply for construction permit multiple times, the project name and name of the single project as stated in the annex to the planning permit shall be reported truthfully.

  Construction site is consistent with the information on the project planning permit.

  The contract price is consistent with the information as stated in the construction contract.

  The construction scale is consistent with the declared total scale of this single project.

  The contract duration is consistent with the duration as stated in the construction contract.

  The general contractor of the construction project is as stated in the construction contract.

  The supervision unit is filled in truthfully.

  The person in charge of the construction project is filled in truthfully (he or she should be authorized by the legal person of the construction unit). The chief supervising engineer should be reported truthfully (he or she should be authorized by the legal person of the supervision unit).

  The surveying unit is filled in truthfully.

  The design unit is filled in truthfully.

  The person in charge of surveying is filled in truthfully (he or she should be authorized by the legal person of the survey unit).

  The project leader of design unit is filled in truthfully (he or she should be authorized by the legal person of the design unit).

  II. Procedures that have been completedThe construction project planning permit Fill in the certificate number

  Please truthfully submit the basic information on the unit project that the construction permit is applied for Basic information includes the number, name and scale, etc. of the unit project. (If necessary, the planning permit can be attached hereto)

  Bid-winning notice and construction contract For projects that are subject to the bidding and tendering process, provide the reference number of the construction bid-winning notice, and indicate that the "Construction contract has been signed".

  For projects that are not necessarily subject to the bidding and tendering process, indicate that "This project is not not necessarily subject to the bidding and tendering process and the construction contract has been signed".

  Property lease information Information on the property owner, the lease contract period and the usage of the property.

  Information on the property owner agrees to the decoration The property owner confirms to give his/her "Consent to the application filed by the project owner in this decoration project and that the usage is consistent with the original purpose of the property" with the official seal (or the signature of the property owner) being put hereon.

  III. The scope of the decoration project is ______ (building number) on the property ownership certificate (or real estate ownership certificate) — (number of the property ownership certificate), and the registered purpose on the certificate is                     , the building area of the registered property is          m2, and the actual building area that need to be decorated is     m2. (Note: Please refer to the attachment for the corresponding details of the property ownership)

  No.

  Building number on the property ownership certificate

  Building area

  (m2)

  Decoration area

  (m2)

  Number of the property ownership certificate

  Notes

  

  

  

  

  

  

  

  

  

  

  

  

  

  Total

  

  

  

  

  

  IV. Positions that need to be decorated and decoration contents                          .

  V. Based on consultation: with ** Branch of Beijing Municipal Planning and Natural Resources Commission, this project is not subject to planning permit procedures. (Note: You don't need to make this statement if you have completed the planning permit procedures for the project)

  VI. Commitment made by the project owner: In this decoration project, we will strictly follows the requirements of reviewed and approved construction drawing documents (Notice of Beijing Municipality on Strengthening the Supervision over Survey Design Quality and Optimizing the Review and Management of Construction Drawings (Jing Gui Zi Fa [2019] No. 161)), and the construction will be carried out in accordance with the construction drawings and design documents. We will not alter the registered purpose and usage of the property, neither changing the exterior facade. Furthermore, the project doesn't involve any changes to the main structure and load-bearing structure of the property. No addition is to be made to the original building area of the property. All the beams, plates and columns will remain unchanged.

  VII. The construction funds have been obtained, which is RMB _____ million, and the funds come from ______. (Self-raised by state-owned enterprises, government investment or others). As of the date of application, the project owner has never delayed in paying any project's payment, and is committed to fully fulfilling the settlement schedule of this construction project without any irregularities such as delinquency in project payment; the project owner will strictly abide by the Notice on Implementing the Requirements about Project Owners of Housing Building and Municipal Infrastructure Projects Settling and Paying the Project Payment (Jing Jian Fa [2019] No. 1).

  VIII. The project owner will have the construction unit carry out construction in strict accordance with the reviewed and approved construction drawings and design documents with no violations such as re-purposing the industrial and commercial property to residential property.

  IX. The project owner will strictly follow the national and Beijing's regulations on construction quality and safety, as well as the specific measures formulated by all stakeholders involved to ensure the quality and safety of the project.

  X. The identified construction (or supervising) unit meets the qualification standards. Qualifications of the person in charge of the project (registered constructor) is in compliance with relevant regulations, and he/she hasn't been serving as the person in charge of other projects under construction.

  XI. The project owner that can directly apply for the construction permit in accordance with the regulations is committed that it is aware of relevant provisions in the Regulations on Projects Subject to Bidding and Tendering Process (Order No. 16 of the National Development and Reform Commission):

  (I) Number of the document approving the project is ______, and the bidding and tendering approach stipulated in the document is ________.

  (II). This project doesn't fall into the scope of projects necessarily subject to bidding and tendering according to the Order No. 16 of the National Development and Reform Commission. The project owner strictly observes relevant laws, regulations and policies of the state and Beijing Municipality, and signs the construction (or supervision) contract in the principle of equality, voluntariness and good faith.

  XII. The basic information provided is true and accurate; I am aware of all the information notified by the office; I confirm my commitment to completing the required task within the agreed period of time and meeting relevant standards technical requirements. I will perform relevant duties and assume corresponding responsibilities; I am willing to bear the legal responsibility for false commitment, failure to fulfill the promise or the breach of promise, and accept punishment measures agreed to be imposed by the office.

  XIII. I will fully cooperate with relevant departments in supervising the project, truthfully report the progress of the construction project, and provide information as required about the construction process of the project. The applicant agrees to disclose relevant information and accept supervision of relevant departments and the society.

  XIV. The commitment made hereby is the representation of the applicant's true intentions.

  Applicant (Legal Representative) (Signature or Seal):

  (Corporate Seal)

  MM         DD         YY

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

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