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Measures of Foshan Municipality on the Administration of Educational Facilities in Newly-built Residential Areas (202 1 Amendment)
Chapter I General Provisions Article 1 In order to standardize the planning, construction, transfer and management of educational facilities in newly-built urban residential areas and improve and optimize the allocation of educational resources, these Measures are formulated in accordance with the Education Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of Foshan City. Article 2 These Measures shall apply to the planning, construction, transfer and management of educational facilities in newly-built urban residential areas within the administrative area of this Municipality.

The term "new residential areas" as mentioned in these Measures refers to new commercial housing, affordable housing, rental housing and shared property housing on state-owned construction land, including residential areas of "three old" transformation projects.

The allocation and construction of educational facilities as mentioned in these Measures include ordinary primary and secondary schools in kindergartens and compulsory education.

The term "residential construction units" as mentioned in these Measures includes commercial housing development enterprises, units that perform the responsibility of affordable housing, rental housing and shared property housing construction, etc. Article 3 The allocation and construction of educational facilities in newly-built residential areas shall adhere to the principles of unified planning, rational layout, standardized construction, timely transfer and public welfare education, and run schools according to public kindergartens and public primary and secondary schools. Article 4 The Municipal People's Government shall be responsible for organizing and coordinating the implementation of these Measures, and the District People's Government shall be responsible for the specific implementation of these Measures, providing policy support and financial guarantee for the construction of educational facilities in new urban residential areas.

The competent department of education is responsible for taking the lead in organizing the preparation of special plans for basic education facilities; Review the construction time and handover standard of each residential plot of educational facilities; Put forward opinions on the overall layout scheme, monomer scheme and specific project construction requirements of educational facilities, cooperate with the acceptance of educational facilities in new residential areas, and do a good job in related handover management.

The competent department of natural resources is responsible for the preparation of regulatory detailed planning or land development rules, and will incorporate the special planning of basic education facilities into the implementation of regulatory detailed planning or land development rules; According to the planning conditions and the requirements of the contract for the assignment of the right to use state-owned construction land or the decision on the allocation of state-owned construction land, the design scheme of the construction project shall be reviewed. For newly-built residential plots that need to be equipped with educational facilities, the opinions of education and other relevant competent departments shall be sought before land supply, and the construction conditions of educational facilities shall be announced to the public, and recorded in the contract for the assignment of the right to use state-owned construction land or the decision on the allocation of state-owned construction land.

The relevant departments in charge of housing and urban construction, finance, state-owned assets, human resources and social security shall perform their respective duties according to law, establish and improve the linkage mechanism of law enforcement cooperation, information sharing and other departments, and jointly do a good job in the planning, construction, transfer and management of educational facilities in new residential areas. Chapter II Planning and Land Use Article 5 The municipal administrative department of education shall, jointly with the municipal administrative department of natural resources, prepare a special plan for municipal educational facilities, which shall be implemented after being approved by the Municipal People's Government. The education departments of all districts shall, jointly with the relevant departments in charge of natural resources, prepare a special plan for basic education facilities in this district according to the special plan for municipal education facilities. After the special planning of basic education facilities in the district is approved by the district people's government, the district education department shall report to the municipal education department and the municipal natural resources department for the record.

The preparation of the special plan for basic education facilities shall be based on the population number and distribution within the administrative area, scientifically calculate the degree demand, and allocate degrees according to the standard that the number of students per thousand determined by the city according to the relevant provisions of the state and the province is not less than 1 person.

The special planning of basic education facilities should put forward clear requirements for the site selection, land use scale, construction scale and setting standards of educational facilities.

Before the special plan for basic education facilities is submitted to the District People's Government for examination and approval, it shall be reviewed by experts, and the draft special plan for basic education facilities shall be publicized for more than 30 days. If necessary, the opinions of experts and the public shall be further sought through argumentation meetings, hearings or other means.

The special planning of basic education facilities shall not be changed without authorization. If it is really necessary to change, it shall be submitted for approval and filing in accordance with the original preparation procedures. Article 6 The compilation of special planning for basic education facilities shall be based on the national spatial planning, so as to realize the coordination and unification of special planning with the national spatial planning and regulatory detailed planning.

The competent department of natural resources shall, in the regulatory detailed planning or detailed rules for land development, implement the requirements of site selection, land use scale and construction scale of educational facilities according to the special planning of basic educational facilities, and solicit the opinions of the competent department of education. If there are great differences in feedback opinions, the competent department of natural resources shall organize relevant competent departments to coordinate. Seventh before the supply of land, the collective decision-making body for land transfer shall review the requirements for the allocation of educational facilities for each residential parcel. The competent education department shall be a member of the collective decision-making body for land transfer.

For new residential projects that need to be equipped with educational facilities, the competent department of natural resources shall solicit the opinions of the relevant competent departments of education, housing and urban and rural construction, and before transferring the right to use or allocating state-owned construction land, the requirements for the scale, construction scale, construction order, site selection opinions and transfer standards of educational facilities studied and determined by the relevant competent departments shall be published as conditions for allocating state-owned construction land.

When transferring the right to use state-owned construction land or allocating state-owned construction land, it should be clear about the obligations of the construction and transfer of educational facilities, the ownership of educational facilities, the relevant requirements and legal responsibilities of educational facilities.