Jing Jian Fa [2020] No. 245

To all departments concerned,

In order to carry out the Implementation Opinions of the General Office of the State Council on Further Optimizing the Business Environment and Better Serving Market Entities (Guo Ban Fa [2020] No. 24) and the Regulation of Beijing Municipality on Optimizing the Business Environment, continue to optimize the business environment of Beijing, deepen the reform of delegating powers, improving regulation, and optimizing services, streamline examination and approval procedures, and improve the institutional reform of examination and approval of construction permits for construction projects, the People's Government of Beijing Municipality has decided to implement a notification and commitment system for construction permits of small-scale and low-risk construction projects with non-government investment on trial basis and relevant matters are hereby notified as follows:

I.  For the purpose of this Circular, the "notification and commitment system" refers to a system in which the Beijing Municipal Commission of Housing and Urban-Rural Development informs the project owner of the conditions and standards of the granting of construction permits, application materials, and corresponding legal liabilities all at once, and that the approval authority shall directly grant construction permits provided that the project owner commits in writing that it shall conform to relevant conditions and is willing to assume legal liabilities for any breaches in commitment.

II.  Pilot Scope

Small-scale pilot construction projects refer to new, renovated, or expanded low-risk construction projects with non-government investment that have a floor area of no more than 5,000 square meters and a structure height of no more than 24 meters, and where construction permits are required.

III.   Approval Authority

The district-level commissions of housing and urban-rural development shall be responsible for implementation of the notification and commitment system for construction permits of small-scale and low-risk construction projects with non-government investment.

IV.  Procedures

i.  With respect to a construction project included in the pilot scope, a combined application for planning and construction permits shall be submitted. The result of planning permit application shall be sent to the construction permit approval authority via the system.

ii.  The project owner shall log in to the "One-stop Service" system for simple and low-risk projects with non-government investment to fill in relevant information, upload the Application Form for the Processing of Construction Projects, Letter of Commitment for Small-Scale and Low-Risk Construction Projects with Non-Government Investment (refer to the Appendixes) and a letter of confirmation from the builder (the required construction project planning permit may be supplemented later).

iii.   If the application materials meet the required standards, the approval authority shall immediately combine the handling of project quality supervision registration and safety supervision filing, and grant the construction permit; the project owner may immediately obtain and print an electronic version of construction permit.

iv. The project quality and safety supervision authorities may automatically access information regarding construction permits through the information platform and carry out follow-up supervision and management formalities.

V.    In-process and Ex-Post Supervision

i.  After obtaining the construction permit, parties related to the construction project shall carry out construction in accordance with relevant laws, regulations, and rules and standards. They shall ensure that the project quality conforms to planning and designing requirements, and that safety measures are taken.

ii.   The approval authority shall, within 3 months after granting the construction permit, perform a spot check to verify whether the commitments made by the project owner have been honored. If the project owner is found to have failed to honor any of its commitments, the approval authority shall order it to make corrections within the prescribed time limit. If the project owner fails to meet the relevant conditions after correction, the construction permit shall be revoked and the relevant information will be uploaded to the local credit information platform. If the project owner is found to have made any false commitments, the construction permit shall be immediately revoked and the relevant information shall be uploaded to the local credit information platform.

iii. Where the construction permit is revoked, the approval authority shall impose punishment in accordance with Article 13 of the Measures for the Administration of Construction Permits for Construction Projects and the project owner shall be suspended from the notification and commitment system when applying for a construction permit within 2 years.

VI.  Work for the pilot shall commence on October 9, 2020.

Appendixes:

1. List of Notifications Concerning Small-Scale and Low-Risk Construction Projects with Non-Government Investment

2.  Letter of Commitment for Small-Scale and Low-Risk Construction Projects with Non-Government Investment

Beijing Municipal Commission of Housing and Urban-Rural Development

August 31, 2020

Appendix 1

List of Notifications Concerning Small-Scale and Low-Risk Construction 

Projects with Non-Government Investment

(Tentative Version)

I.   Basis of Approval

1.  Construction Law of the People's Republic of China.

2.  Measures for the Administration of Construction Permits for Construction Projects (Order No. 18 of the Ministry of Housing and Urban-Rural Development of the People’s Republic of China).

3.  Measures of Beijing Municipality for the Permit of Project Construction (Order No. 139 of the People's Government of Beijing Municipality).

4.  Circular on Printing and Distributing the Opinions on Improving the Examination and Approval Services for Simple and Low-Risk Construction Projects (Jing Gui Zi Fa [2019] No. 439).

5. Circular on Further Improving the Examination and Approval of Construction Permits for Construction Projects (Jing Jian Fa [2019] No. 559).

6.  Circular on Issuing the Opinions on Combining the Application for Planning and Construction Permits of Simple and Low-Risk Construction Projects with Non-Government Investment (Jing Gui Zi Fa [2020] No. 242).

II.   Legal Conditions

The following conditions are required for the application of a construction permit:

1.  The approval formalities for construction project land utilization have been gone through.

2. A construction project planning permit has been obtained in accordance with the law (if necessary).

3.  Where demolition is necessary, the progress of demolition is in compliance with the requirements of construction.

4.   A construction enterprise has been chosen for the project.

5.   The funds, construction drawings, and technical data required for the construction are in place.

6.   Specific measures are in place to ensure the quality and security of construction.

III.  Application Materials

1.  Application Form for the Handling of Construction Projects (SJ-123).

2. Letter of Commitment for Simple, Small-Scale and Low-Risk Construction Projects with Non-Government Investment.

3.   Letter of Confirmation from the builder.

4.  Construction Project Planning Permit (supplemented material submission is permitted, and the result will be pushed to the construction permit approval authority via “Quick Services”).

IV.  Processing Standards

1. The application materials shall be complete, filled in properly, signed in a valid manner, and conform to the legal form.

2. The application materials shall be prepared in PDF format, and the scanned copies of their originals shall be uploaded.

3.  The construction project planning permit has been pushed to the construction permit approval authority via “Quick Services”.

V.  Processing Period

The application shall be processed promptly.

VI.  Other Notifications

1.  Term of validity of the construction permit: The project owner shall commence construction within 3 months of obtaining the construction permit. If the project owner cannot commence construction within the aforementioned time limit, it may apply to the approval authority for a delay before the period expires. The application for delay may be submitted twice at most, with the period of each delay being 3 months at most. If the project owner neither commences construction nor applies for delay in accordance with the aforementioned provisions, the construction permit shall be automatically revoked.

2.  Alteration: For a project that has obtained the construction permit, if the project owner or builder has changed, a new construction permit is required; if any other condition has changed, it is necessary to inform the approval authority within 10 days of the change via the relevant system, and prepare a print copy of the receipt.

3.  Management of suspension and resumption of construction: Where a project under construction is suspended due to certain reasons, the project owner shall report the matter to the approval authority in writing within 1 month of the date of suspension. The report shall include the time and reason of the suspension, construction progress, and maintenance & management measures. Works shall be maintained and managed in accordance with relevant provisions. Before the construction project is resumed, the project owner shall report to the approval authority. Before a construction project that has been suspended for 1 year or more is resumed, the project owner shall also submit the construction permit to the approval authority for verification.

VII.Supervision and Legal Liabilities

1.  The project owner shall carefully read and be aware of all the contents published on the platform or informed during the application process by the approval and supervision authorities, fill in and submit materials in accordance with the standards approved by the approval authority, and meet the corresponding conditions, standards, and requirements.

2.  The approval authority shall, within 3 months after granting the construction permit, carry out a spot check to determine whether the commitments made by the project owner have been honored. If the project owner is found to have failed to honor any of its commitments, the approval authority shall order them make corrections within the prescribed time limit; if the project owner fails to meet the relevant conditions after such correction, the construction permit shall be revoked and the relevant information shall be uploaded to the local credit information platform; if the project owner is found to have made any false commitments, the construction permit shall be immediately revoked and the relevant information shall be uploaded to the local credit information platform.

3.  Where the construction permit is revoked, the approval authority shall impose punishment in accordance with Article 13 of Measures for the Administration of Construction Permits for Construction Projects, and the project owner shall be prohibted from applying for a construction permit within 2 years in accordance with the notification and commitment system of the construction permit.

Appendix 2

Letter of Commitment for Small-Scale and Low-Risk Construction Projects with 

Non-Government Investment

(Tentative Version)

Whereas, we, the project owner, are applying for the construction permit for the:                    construction project located at: and have carefully read and made ourselves aware of all the contents published on the system platform or informed during the application process, we hereby make the following commitments:

I.  Funds required for construction have been prepared. We have prepared construction drawings and technical data (including fire protection data) required for construction, and designed and reviewed the construction drawings in accordance with the Regulation on Strengthening Survey and Design Quality Supervision and Management and Optimizing and Perfecting the Management Mode of Construction Drawing Review (Jing Gui Zi Fa [2019] No. 161).

II. Before applying for the construction permit, the construction site has been prepared for construction; specific measures for ensuring project quality and safety have been formulated; the progress of demolition meets construction requirements; the List of Divisional and Partial Projects with Relatively Great Danger and other relevant materials and safety measures have been prepared; supporting facilities for construction and  accommodation, including on-site water supply and drainage, construction power supply, temporary facilities, and construction access roads are available; and there is no illegal commencement of works or any other violation of laws and regulations on site.

III.                                                  (Name of the Builder), which has qualifications and capabilities consistent with the construction project and is not subject to any restriction imposed by a competent department, has been selected as the builder of the construction project, and has executed the construction contract based on an equal, voluntary, and honest basis. The qualification of the project leader (registered architect) of the builder is in compliance with the relevant regulations. The project leader shall not play the same role in other projects at the same time.

IV. We are aware of all contents informed by the approval authority, and meet all conditions, standards, and requirements thereof.

V.  All information, data, and materials we have submitted are true, accurate, valid, without omission or falsification, and reflect our true intentions.

VI. We agree to disclose these commitments to the public and accept supervision from relevant departments and society.

VII.We are aware that if we break any of the commitments or make any false commitment, we will be included in the credit information platform of Beijing Municipality to be disclosed to the public, and may be otherwise punished.

Project Owner (seal):

Legal Representative or Authorized Representative (signature or seal):

Address:

Unified Social Credit Code (or Organization Code):

MM/DD/YY