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Pursuant to the Administrative License Law of the People's Republic of China and the requirements as set down by the relevant documents of the State Council, the Ministry of Water Resources has amended some of the ministerial rules regarding administrative licensing for water conservancy. Where any rule or normative document as formulated heretofore by the Ministry of Water Resources conflicts with this Decision, the latter shall prevail. I. ADMINISTRATIVE PROVISIONS ON EXAMINING AND APPROVING THE COMPILATION AND SUBMISSION OF WATER AND SOIL CONSERVANCY PLANS FOR DEVELOPMENT AND CONSTRUCTION PROJECTS (promulgated by Order No. 5 of the Ministry of Water Resources on May 30, 1995) (1) Article 2, which provides: "Water and soil conservancy plans shall be compiled and submitted at the stage of studying the feasibility of the project, and the first-phase exploration, measurement and designing work shall be carried out based on the approved water and soil conservancy plans", shall be amended as: "Water and soil conservancy plans shall be compiled and submitted. In particular, for a project subject to the examination and approval system, the formalities on submitting the water and soil conservancy plans for approval shall be completed prior to the submission of the report on studying the feasibility; for a project subject to the ratification system, the formalities on submitting the water and soil conservancy plans for approval shall be completed prior to the submission of the application report for the project; while for a project subject to the archival filing system, the formalities on submitting the water and soil conservancy plans for approval shall be completed after handling the archival filing formalities but before the start of the project. The approved water and soil conservancy plans shall be incorporated into the designing documents for the next stage". (2) A new Article shall be added after Article 2 as Article 3: "The preliminary design of a development and construction project shall, in accordance with the technical criteria for water and soil conservancy and the approved water and soil conservancy plans, formulate sections and chapters on the water and soil conservancy so as to implement the measures against water loss and soil erosion and the general investment budget. The examination and approval organ for water and soil conservancy plans shall take part in the examination of the preliminary design." (3) Paragraph 2 of Article 3, which provides: "In the case of building a railway, road or water project or managing a mine enterprise, electric power enterprise or any other large or medium industrial enterprise in a mountainous area, hilly area or wind-sand area, a Written Report on Water and Soil Conservancy Plans shall be formulated and submitted", shall be amended as: "For any development and construction project that takes up an area of one hectare or more or for which ten thousand cubic meters of earth and stone or more are dredged out or filled in, a written report on water and soil conservancy plans shall be formulated and submitted; for any other development and construction project, a reporting form on water and soil conservancy plans shall be formulated and submitted". Paragraph 3, which provides: "A production and construction entity or individual applying for managing a collective mine enterprise at the township or village level, reclaiming a barren sloping field or mining, etc. in a mountainous area, hilly area or wind-sand area shall fill in and submit a reporting form on water and soil conservancy plans", shall be amended as: "The contents and specimen of written reports on water and soil conservancy plans and reporting forms on water and soil conservancy plans shall accord with the Technical Criteria for Water and Soil Conservancy Plans of Development and Construction Projects and other relevant provisions". (4) Article 4, which provides: "The work relating to the compilation and submission of water and soil conservancy plans shall be in the charge of the production and construction entity. The entity that specifically formulates the water and soil conservancy plans shall have a Qualification Certificate for Formulating the Water and Soil Conservancy Plans as issued by the water administrative department under the State Council, and the measures for the administration of qualification certificates for formulating the water and soil conservancy plans shall be separately formulated by the water administrative department under the State Council", shall be amended as: "The work relating to the compilation and submission of water and soil conservancy plans shall be in the charge of the production and construction entity or individual, the entity or individual that specifically formulates the water and soil conservancy plans shall have the corresponding technical capacity or professional skills, and be subject to the administration of the relevant trade organization. The specific administrative measures thereof shall be formulated by the aforesaid trade organization". (5) Article 5 shall be deleted. (6) Article 7, which provides: "An entity or individual undertaking the project may not go through any other approval formality until it or he obtains a Quality Certificate for Water and Soil Conservancy Plans as uniformly printed by the water administrative department under the State Council", shall be amended as: "A development and construction entity or individual may not go through the formalities concerning the examination and approval of the land use or the evaluation of environmental impacts, or the examination and approval or the verification (archival filing) of the project initiation, etc. until the water and soil conservancy plans are examined and approved by the water administrative department under the State Council". (7) Paragraph 2 of Article 8, which provides: "The water and soil conservancy plans of a production and construction project subject to the examination and approval of project initiation by the Central Government or a technical reconstruction project over the maximum capital amount shall be subject to the examination and approval of the water administrative department under the State Council", shall be amended as: "For a development and construction project that takes up an area of 50 hectares or more or for which five hundred thousand cubic meters of earth and stone or more are dredged out or filled in or a technical reconstruction project over the maximum capital amount which is concurrently subject to the project initiation of the Central Government, the written report on the water and soil conservancy plans thereof shall be subject to the examination and approval of the water administrative department under the State Council; while for a development and construction project that takes up an area of less than 50 hectares or for which less than five hundred thousand cubic meters of earth and stone are dredged out or filled in which is concurrently subject to the project initiation of the Central Government, a written report on the water and soil conservancy plans shall be subject to the examination and approval of the provincial water administrative department". Paragraph 3, which provides: "The water and soil conservancy plans for a production and construction project or a technical reconstruction project below the maximum capital amount, which is concurrently subject to the examination and approval of the project initiation by the local government, shall be subject to the examination and approval of the water administrative department at the corresponding level", shall be amended as: "The written report on the water and soil conservancy plans for a development and construction project or a technical reconstruction project below the maximum capital amount, which is concurrently subject to the project initiation of the local government, shall be subject to the examination and approval of the water administrative department at the corresponding level." Paragraph 4, which provides: "The water and soil conservancy plans for a township or village, collective, private or any other project shall be subject to the examination and approval of the local water administrative department at or above the county level", shall be amended as: "A reporting form on the water and soil conservancy plans shall be subject to the examination and approval of the local water administrative department at or above the county level of the place where the development and construction project is located". (8) Article 9, which provides: "A local water administrative department at or above the county level shall handle the examination and approval formalities within 60 or 30 days respectively upon receipt of a written report on the water and soil conservancy plans or a reporting form on the water and soil conservancy plans. If it fails to examine and approve it or give a reply within the time limit, the entity undertaking the project may deem that the water and soil conservancy plans it compiles have been affirmed. The time limit for examining and approving the water and soil conservancy plans for a special or especially large-scale production and construction project may be properly prolonged for no more than half a year", shall be amended as: "A development and construction entity or individual that requires for examining and approving a water and soil conservancy plan shall submit a written application and a written report or a reporting form on the water and soil conservancy plan in triplicate with the water administrative department that has the examination and approval power. After receiving an application, the water administrative department that has the examination and approval power shall organize the examination in accordance with the relevant laws, regulations and technical criteria or entrust a relevant institution for a technical assessment. The water administrative department shall make an examination decision within 20 days as of the day when the written report on the water and soil conservancy plan is accepted or within 10 days as of the day when the reporting form on the water and soil conservancy plans is accepted, however the time for technical assessment shall be excluded from the said time limit. For the written report on the water and soil conservancy plan for a special or especially large-scale production and construction project, if the examination decision can not be made within 20 days, the period may be prolonged for another ten days, subject to the approval of the principal of the aforesaid administrative organ, and the reasons for the extension shall be notified to the entity or individual that files the application". (9) Article 10, which provides: "For a technical reconstruction project established or being established prior to the implementation of the Law of the People¡¯s Republic of China on Water and Soil Conservancy, the entity or individual undertaking the project shall, within three months as of the promulgation of these Provisions, compile and submit a water and soil conservancy plan in accordance with these Provisions, and make up the formalities of examination and approval", shall be amended as: "The requirements for examining and approving a water and soil conservancy plan shall be: 1. complying with the relevant laws, regulations, rules and normative documents; 2. complying with the Technical Criteria for Water and Soil Conservancy Plans for Development and Construction Projects and other national and industrial rules and standards on water and soil conservancy; 3. having a definite scope of liabilities against the water loss and soil erosion; 4. having rational and effective measures against water loss and soil erosion, which shall accord with the surroundings and reach the designing profundity of principal projects; 5. having a reliable basis, rational methods and correct results in regard to the compilation of the rough water and soil conservancy investment assessment; and 6. having the proper contents and ways for monitoring the water and soil conservancy." (10) A new Article shall be added after Article 12 as Article 13: "Where the construction or the preparation for construction is illegally started while the water and soil conservancy plan has not been examined or approved, the water administrative department at or above the county level shall order the violator to suspend the said illegal act and to take remedial measures. Any party that conducts non-business activities may be fined not more than 1000 yuan; any party that conducts business activities and gets any illegal gains may be fined three times the illegal gains but not more than 30000 yuan; where there is no illegal gains, a fine of less than 10000 yuan may be imposed unless it is otherwise prescribed by any law or regulation." (11) Annexes I and II shall be deleted. II. ADMINISTRATIVE PROVISIONS ON THE COMPLETION-BASED CHECK AND ACCEPTANCE OF WATER AND SOIL CONSERVANCY FACILITIES OF DEVELOPMENT AND CONSTRUCTION PROJECTS (promulgated by Order No. 16 of the Ministry of Water Resources on October 14, 2002) (1) Paragraph 1 of Article 5, which provides: "The water administrative department of the people's government at or above the county level shall be responsible for the organization, implementation, supervision and administration of the work relating to the completion-based check and acceptance of water and soil conservancy facilities of development and construction projects", shall be amended as: "The water administrative department of the people's government at or above the county level or any other entrusted institution shall be responsible for the organization, implementation, supervision and administration of the work relating to the completion-based check and acceptance of water and soil conservancy facilities of development and construction projects". (2) Article 8, which provides: "at the stage of completion-based check and acceptance of development and construction projects", shall be amended as; "the work relating to the completion-based check and acceptance of water and soil conservancy facilities shall be timely carried out upon conclusion of the civil engineering of development and construction projects". (3) Article 9 shall be deleted. (4) Article 12, which provides: "receipt of an application for completion-based check and acceptance", shall be amended as: "acceptance of an application for completion-based check and acceptance". (5) A new Paragraph shall be added to Article 14 as Paragraph 1: "The water administrative department of the people's government at or above the county level shall draw a conclusion on the completion-based check and acceptance within 20 days as of the day when the application for completion-based check and acceptance is accepted." The original Paragraph 1, which provides: "For a project that is found to be qualified upon completion-based check and acceptance, the water administrative department shall timely handle the formalities on passing the completion-based check and acceptance and issue a certificate on passing the completion-based check and acceptance of water and soil conservancy facilities, which shall be an important basis for the completion-based check and acceptance of a development and construction project", shall be taken as Paragraph 2 and amended as: "For a project that is found to be qualified upon completion-based check and acceptance, the water administrative department shall, within ten days as of the day when the completion-based check and acceptance conclusion is drawn, handle the formalities on passing the completion-based check and acceptance, which shall be an important basis for the completion-based check and acceptance of a development and construction project." III. MEASURES FOR THE ADMINISTRATION OF THE QUALIFICATIONS FOR HYDROLOGIC AND WATER RESOURCES SURVEY AND APPRAISAL AND THE WATER RESOURCES DEMONSTRATION OF CONSTRUCTION PROJECTS (FOR TRIAL IMPLEMENTATION) (promulgated by Order No. 17 of the Ministry of Water Resources on February 21, 2003) (1) Paragraph 1 of Article 4, which provides: "The total amount control shall be applied to the issuance of qualification certificates", shall be deleted. (2) Article 12, which provides: "An application for obtaining a class A qualification shall be firstly reported to the provincial water administrative department before it is reported to the Ministry of Water Resources, and the provincial water administrative department shall put forward its preliminary examination opinions", shall be amended as: "An application for obtaining a class A qualification shall be firstly reported to the local provincial water administrative department for preliminary examination, and the provincial water administrative department shall submit its preliminary examination opinions and all the materials to the Ministry of Water Resources for examination and approval within 20 days as of the day when the application for the qualification is accepted." (3) A new Paragraph shall be added to Article 12 as Paragraph 2: "The Ministry of Water Resources and the provincial water administrative department shall accept applications for hydrologic and water resources survey and appraisal qualifications and the qualifications for holding water resources testimonies for construction projects between June, 1 and June, 30 every year." (4) A new Paragraph shall be added to Article 13 as Paragraph 1: "When examining a qualification application, the Ministry of Water Resources and the provincial water administrative department shall organize experts to conduct an appraisal and notify the applicant of the necessary time for expert appraisal in written form." Article 13, which provides: "the Ministry of Water Resources and the provincial water administrative department shall complete the examination within 30 days upon receipt of the application materials and issue qualification certificates to those application entities that meet the requirements within 10 days from the day when the decision is made; or shall send out written notices to those applicants that do not meet the requirements and explain the reasons", shall be taken as Paragraph 2 and amended as: "The Ministry of Water Resources shall make an examination decision within 20 days as of the day when the qualification application is accepted or the preliminary examination opinions and all the materials as submitted by the provincial water administrative department are accepted; the provincial water administrative department shall make an examination decision within 20 days upon acceptance of the qualification application. In case it is approved to issue a qualification certificate, the qualification certificate shall be issued to the applicant within 10 days as of the day when the examination decision is made; in case it is disapproved to issue a qualification certificate, the applicant shall be given an explanation and simultaneously informed of the right to file an application for administrative reconsideration or file an administrative lawsuit." (5) Article 17, which provides: "An annual inspection and daily inspection system shall apply to the qualification certificates. The annual inspection shall be organized and conducted by the organ that issued the certificates. The period for annual inspection shall be March, 1 to 31 every year" shall be amended as: "The certificate issuing organ and the institutions it entrusts shall establish and improve a supervision system so as to conduct supervision and check to the business operations of entities that hold certificates." (6) Article 18, which provides: "The certificate issuing organ shall put forward its opinions on making corrections within a time limit or failure to pass the annual inspection", shall be amended as: "The certificate issuing organ shall put forward its opinions on making corrections within a time limit". Item (1) shall be deleted. Item (4) , which provides: "failure to take part in the annual inspection or refusal to accept the daily inspection", shall be amended as: "refusal to accept the supervision and inspection". (7) Item (5) of Article 24 shall be deleted. The aforesaid rules shall be promulgated again after they are amended in accordance with this Decision. This Decision shall come into as of the date of promulgation. |
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