Decree of Shanghai Municipal People’s Government

                                                           No. 25

The Procedures of Shanghai Municipality on the Administration of Shanghai Hongqiao Central Business District were adopted at the 66th Routine Meeting of the Municipal People’s Government on January 4, 2010, and are hereby promulgated. They shall be effective as of the date of promulgation.

                                                                                                Mayor: Han Zheng

                                                                                                 January 6, 2010

Procedures of Shanghai Municipality on the Administration of Shanghai Hongqiao Central Business District

(Promulgated by Decree 25 of the Shanghai Municipal People’s Government on January 6, 2010) 

Article 1 (Purposes and Basis)

With a view to enhancing the administration of Shanghai Hongqiao Central Business District, and promoting the development and construction of Shanghai Hongqiao Central Business District, these Procedures are formulated on the basis of laws, rules and relevant policies of the State, and in the light of the actual circumstances of this Municipality.

Article 2 (Area)

The Shanghai Hongqiao Central Business District (hereinafter referred to as the Hongqiao CBD) is bounded on the east by the Outer Ring Expressway (S20), on the west by Shenyang-Haikou Expressway (G15), on the north by Beijing-Shanghai Expressway (G2), and on the south by Shanghai-Chongqing Expressway (G50); within the above-mentioned area, the main functional area of the Hongqiao CBD (hereinafter referred to as the MFA) is bounded on the east by Outer Ring Expressway (S20), on the west by the existing Outer Ring Railway, on the north by Beidi Road, and on the south by Shanghai-Chongqing Expressway (G50).

Article 3 (Function Orientation)

According to the requirements of the national economic and social development planning of the State and this Municipality, and the urban overall planning of this Municipality, the Hongqiao CBD shall, by reliance on Hongqiao Comprehensive Transportation Hub (hereinafter referred to as the Hongqiao Hub), be constructed into a modern service industry concentration district of Shanghai, a new platform for the construction of Shanghai International Trade Center, a gathering place for the headquarters of enterprises and trading organs both at home and abroad, a high-end business center serving the Yangtse Delta Area, Yangtse Valley, and the whole country.

The Hongqiao CBD is encouraged to be constructed into a low-carbon business district by adopting the development mode of low-carbon economy.

Article 4 (Administration Committee and its Duties)

This Municipality sets up the Shanghai Hongqiao Central Business District Administration Committee (hereinafter referred to as the CBDAC). The CBDAC is the agency of the Municipal People’s Government, and performs the following duties in accordance with the provisions of these Procedures:

1. participating in the drawing-up of the regional planning of the Hongqiao CBD, organizing the formulation of industrial policies of the Hongqiao CBD, and coordinating relevant district people’s governments, municipal administrative departments, and management units in pushing forward the fulfillment thereof;

2. organizing and coordinating the management of traffic facilities within the Hongqiao Hub, and the connection, distribution, and transfer among different traffic modes, and coordinating the fulfillment of emergency security work;

3. organizing the implementation of regional development, formulating the land reserve plan and scheme of the Hongqiao CBD, guiding relevant units to carry out the initial development of land and the construction of infrastructures;

4. guiding the development of regional commerce functions, promoting the investment environment and the perfection of public services, attracting investment, and pushing forward the development of the modern service industry;

5. arranging in an overall manner the special development fund for the Hongqiao CBD; 

6. taking charge of or participating in relevant administrative examination and approval work within the Hongqiao CBD under the authorization of relevant administrative departments in accordance with the provisions, and providing guidance and services to enterprises; and

7. guiding and coordinating relevant district people’s governments and management units to perform the duty of administration on the Hongqiao CBD, supervising and inspecting the fulfillment of relevant work.

Relevant district people’s governments shall, in accordance with their respective duties, take charge of the administration of such public affairs as market supervision, social administration, operation of urban infrastructures, and assist the CBDAC in doing well relevant work.

Relevant municipal administrative departments and management units shall, in accordance with their respective duties, cooperate in doing well relevant work of the Hongqiao CBD.

Article 5 (Working Mechanism)

This Municipality sets up the following work mechanisms in the Hongqiao CBD:

1. Mechanism of communication of important situations and coordination of major issues, in which the CBDAC shall take the lead, with the participation of relevant district people’s governments, municipal administrative departments, and management units, in regular communication of important situations, timely coordination of major issues, and clear identification of the measures for solving problems, and the liabilities of each party;

2. Mechanism of hastening and supervising important examination and approval. Relevant district people’s governments, municipal administrative departments, and management units shall handle those important administrative examination and approval items concerning the development, construction and administration of the Hongqiao CBD, and the CBDAC shall be responsible for the hastening and supervision thereof.

3. Mechanism of circulating important matters. The CBDAC shall circulate those important matters that may affect the development, construction and administration of the Hongqiao CBD within the corresponding scope.

Article 6 (Special Development Fund)  

This Municipality sets up the Hongqiao CBD Special Development Fund to support the development, construction, and administration of the Hongqiao CBD. The procedures on the use and administration of the special development fund shall be separately formulated by the municipal departments of development and reform, and finance jointly with the CBDAC, and be implemented upon the approval of the Municipal People’s Government.

Article 7 (Industry Development Orientation)

The CBDAC shall, jointly with relevant municipal administrative departments, and district people’s governments, and in accordance with the guidance catalogue and relevant policies concerning the adjustment of industrial structure made by the State and this Municipality, formulate and make public the industry development orientation of the Hongqiao CBD, and make amendments thereto at proper time. 

Article 8 (Drawing-up of the Planning)

The municipal administrative department of planning shall, jointly with the CBDAC and relevant district people’s governments, organize the drawing-up of the planning of the Hongqiao CBD, and submit it for approval in accordance with the legal procedures.

The CBDAC may, in accordance with the implementation requirements of the regulatory plan of the MFA, organize the drawing-up of the detailed construction planning.

The special planning for civil airports, railways, rail transits within the Hongqiao CBD shall be drawn up in accordance with relevant laws and regulations.

Article 9 (Control of the CBD Planning)

The land development and project construction within the Hongqiao CBD shall meet the requirements of the approved regulatory plan. Where the regulatory plan is not altered through the legal procedure, the use nature of land and houses within the Hongqiao CBD shall not be arbitrarily altered.

Article 10 (Administration on Land Use and House Demolition and Relocation)

The land reserve plan and scheme of the MFA shall be put forward by the CBDAC jointly with the municipal land reserve organ, and be submitted for approval in accordance with relevant provisions of the State and this Municipality.

The land reserve plan and scheme of other areas within the Hongqiao CBD except the MFA (hereinafter referred to as other areas of the CBD) shall be put forward by the CBDAC jointly with the relevant district land reserve organ, and be submitted for approval in accordance with relevant provisions of the State and this Municipality.

Relevant district people’s governments shall, in accordance with the provisions of the State and this Municipality on land expropriation and house demolition and relocation, take charge of the administration on land expropriation and house demolition and relocation within their respective administrative area.

Article 11 (Entrustment of Examination and Approval Items within the Hongqiao CBD)

The CBDAC, entrusted by relevant municipal, district administrative departments, carries out the examination and approval of the following items within the Hongqiao CBD:

1. examination and approval of the establishment of foreign-investment enterprises as entrusted by the administrative department of commerce; and

2. approval and file-for-record of the enterprises’ investment projects as entrusted by the administrative department of investment.

Article 12 (Entrustment of Examination and Approval Items within the MFA)

The CBDAC, entrusted by relevant municipal, district administrative departments, carries out the examination and approval of the following items within the MFA:   

1. examination and approval of the construction projects’ site selection suggestions, the verification of the planning and design requirements, the planning permit of construction-use land, the planning and design scheme of engineering constructions, the planning permit of engineering constructions, and the completion acceptance of engineering constructions, entrusted by the administrative department of planning;

2. preliminary examination of the allocation, transfer of the use right of state-owned land for construction projects’ use, except for the expropriation of peasants’ collectively-owned land, the transformation of agriculture-use land to construction-use land, the occupation of unused land by construction projects, as entrusted by the administrative department of land;

3. examination and approval of the construction projects’ report-for-construction, the construction permit for engineering constructions, as entrusted by the administrative department of construction; and

4. examination and approval of the installation of outdoor advertisement facilities, as entrusted by the administrative department of city appearance.

The implementation scheme of the installation of outdoor advertisement facilities within the MFA shall be drawn up by the CBDAC jointly with the administrative department of city appearance in accordance with the Installation Position Plan of Outdoor Advertisement Facilities of Shanghai Municipality, and shall be taken as the basis for the examination and approval of the installation of outdoor advertisement facilities after being submitted and approved in accordance with legal procedures.

Article 13 (Entrustment Formalities for Administrative Examination and Approval)

The concrete contents of the administrative examination and approval items implemented upon entrustment as provided by these Procedures shall be identified by the power of attorney signed by the CBDAC and relevant administrative departments. The CBDAC shall report to the entrusting administrative departments the implementation situations of the administrative examination and approval items entrusted; the entrusting administrative departments shall supervise the CBDAC on the implementation situation of administrative examination and approval items.

Article 14 (Opinion-soliciting for Administrative Examination and Approval in Other Areas)

Relevant municipal, district administrative department shall solicit opinions of the CBDAC before approving the following examination and approval items within other areas of the CBD:

1. examination and approval of the construction projects’ site selection suggestions, the planning permit of engineering constructions for which the administrative department of planning is responsible;

2. examination and approval of the allocation, transfer of the use right of state-owned land for construction projects’ use for which the administrative department of land is responsible, except for the expropriation of peasants’ collectively-owned land, the transformation of agriculture-use land to construction-use land, the occupation of unused land by construction projects; and

3. examination and approval of the installation of outdoor advertisement facilities, for which the administrative department of city appearance is responsible.

Relevant administrative departments shall regularly send or submit a duplicate of the catalogue of last year’s examination and approval items mentioned in the preceding clause to the CBDAC.

The development unit shall notify the CBDAC to participate in the completion acceptance of the engineering constructions within other areas of the CBD.

Article 15 (Organization and Coordination of Administration on Hongqiao Hub)

Relevant district people’s governments shall be responsible for the regional administration of the Hongqiao Hub in accordance with their respective duties. Relevant municipal administrative departments and management units shall be responsible for the administration of traffic facilities including civil airports, railways, highways, urban roads, maglev, rail transits, public buses and trams, taxies, within the Hongqiao Hub in accordance with their respective duties.

The CBDAC shall be responsible for the coordination where the duties of the departments are overlapped, and the administrative areas thereof are not clear.

Article 16 (Construction of Traffic Facilities and Management on Operation)

The CBDAC shall, in accordance with the requirements of the overall development planning of traffic of this Municipality, organize and push forward the construction plan of traffic facilities within the MFA, and be responsible for the coordination work of major construction projects of traffic facilities within other areas of the CBD.

The management on the operation of traffic facilities including civil airports, railways, highways, urban roads, maglev, rail transits, public buses and trams, taxies, within the Hongqiao Hub shall be carried out in accordance with the provisions of relevant laws, rules and regulations. Where the management subjects of traffic facilities are not provided by law, rules or regulations, the CBDAC shall, jointly with relevant departments, determine the management unit of operation.

Article 17 (Emergency Administration)

This Municipality establishes the integrated emergency organ in the Hongqiao Hub. The CBDAC shall do well in the work of connecting the integrated emergency organ with all management units of operation within the Hongqiao Hub, and urge relevant units to formulate the pre-determined emergency scheme.

Article 18 (Public Affairs Administration)

The CBDAC shall guide and coordinate relevant district people’s governments in enhancing the public affairs administration within the Hongqiao CBD, and urge relevant departments to do well in the work in respect of taxation, industry and commerce, public security, road, transportation, labor security, culture, education, public health, city appearance and greening, urban law enforcement, water affairs, civil affairs, judicial administration, in accordance with their respective duties.

Article 19 (Preferential Policy)

It is encouraged to bring in those enterprises that meet the orientation of industrial development, and excellent talents to the Hongqiao CBD. Those talents introduced may apply for Shanghai household registration or Shanghai Resident Permit by reference to relevant provisions of this Municipality.

This Municipality’s preferential policies for development areas may apply to the Hongqiao CBD in the light of the actual circumstances. The CBDAC may, jointly with relevant municipal administrative department, separately formulate other preferential policies, and implement them upon the approval of the Municipal People’s Government.

Article 20 (Open Government and Services)

The CBDAC shall, in accordance with the requirements of open government, make public, at the official premises and on the official website, the basis, contents, conditions, procedures, time limit, the catalogue of the materials need to be submitted, model text of the application for the examination and approval items entrusted, and provide free consultation services for citizens, legal entities, and other organizations.

The CBDAC shall set up a handling organ to facilitate citizens, legal entities, and other organizations going through administrative examination and approval or other relevant formalities.

Article 21 (Definition)

The Hongqiao Comprehensive Transportation Hub mentioned in these Procedures refers to the large-scale comprehensive transportation hub composed of such traffic facilities as civil airports, railways, highways, urban roads, maglev, rail transits, public buses and trams, and taxies, within the MFA.

Article 22 (Effective Date)

These Procedures shall be effective as of the date of promulgation.