The Study On The Effect Of Planning Approval On The Validity Of General Contract

The planning approval can be divided into the approval in the planning formulation stage and the approval in the planning implementation stage.The approval in the formulation stage reflects the internal administrative action of the government’s public power,and the approval in the implementation stage is the specific administrative action of the administrative counterpart.It is difficult to say that internal administrative actions have an impact on external counterparts.Even if the government has issued the urban master plan,regulatory detailed planning and statutory plans and texts,it does not directly form or dispose of the rights and obligations of external counterparts,It is often necessary to pass the transfer function of the planning permission approval at the planning implementation stage,such as the construction land planning permission(hereinafter referred to as the "land plan"),the construction project planning permission(hereinafter referred to as the "construction plan"),and even the planning points in the land transfer contract for the state-owned land use right,to produce specific changes in the rights and obligations of the external counterpart.Engineering Procurement Construction(EPC)contract is a special form of construction contract,which is regulated by the Civil Code.According to the law,the construction project contract is the general name of the construction contract,which includes two forms: the first form is the general contract of the project in the multi-task general contracting mode,and the second form is the contract in the single task contracting mode such as survey,design,construction,etc.The particularity of EPC contract is that civil legal acts such as design,procurement,construction and other civil legal acts that originally belong to multiple single tasks are combined into one contract.In practice,the precondition for handling the planning approval formalities is to provide the "engineering design scheme" that meets the requirements,which leads to the fact that under EPC mode,the contract is established first and the planning approval is obtained later.Under the traditional construction mode,the planning approval is obtained first,and the general construction contract is established later.This difference between the two models has led to issues that need to be differentiated between planning approval and the determination of the effectiveness of EPC contracts.Considering the differences between the EPC contract and the construction contract,this paper believes that when dealing with the issue of determining the effectiveness of the EPC contract caused by the planning approval,it should be analyzed in detail.The article sifts out two opposite cases through searching,raises questions and points out the dilemma of applying planning approval under the general contracting mode.In the problem analysis part,the article starts with the land use control and planning system,and based on the relevant laws of urban and rural planning and construction contracts,focuses on the planning approval and EPC contracts.From the perspective of jurisprudence,it analyzes the public interest attribute of planning approval under administrative license and its relationship with mandatory provisions;From the perspective of practical application,this paper analyzes the impact of different levels of planning on the effectiveness of the EPC contract,the characteristics of the construction project contract and the EPC contract,and the design contradictions in the acquisition of planning permission under this mode.At the end of the article,it is suggested to draw up more specific legal provisions for the EPC contract in legislation,and optimize the reform of the approval items in the construction permit stage of the project in administrative management,such as canceling the approval of the construction drawing,simplifying the approval level,and improving the EPC mode under the planning approval system.