Government-Approved Investment Projects Management

Original Language Title: 政府核准投资项目管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398622.shtml

Government-approved investment projects management

    (May 14, 2014 11th, the national development and Reform Commission announced as of June 14, 2014) Chapter I General provisions

    First to further deepen reform of the investment and Government approval of enterprise investment projects, realization of convenient, efficient and effective service management, according to the People's Republic of China on administrative licensing law, decisions of the State Council on reform of investment and relevant State laws and regulations, these measures are formulated.

Article II of the implementation of the approved project scope and project approval authority approved permission, enacted by the State Council of the list of Government-approved investment projects (hereinafter referred to as the approved catalogue). Project approval authority referred to in the preceding paragraph refers to the catalogue of approved project approval authority as prescribed in the executive authorities.

The list of approved means said the investment Department under the State development and Reform Commission provided for in the approved list of projects approved by the provincial government, local government, and the project approval authorities identified by the provincial government.

    Project approval authority for approval of enterprise investment projects is the administrative licensing matters, the requirements for the implementation of administrative licensing shall be guaranteed by the governmental finance.

    Article business investment and construction of the implementation of the approved projects project application report should be prepared in accordance with the relevant requirements, made by law shall attach the relevant documents, in accordance with the provisions submitted to the project approval authorities.

Submit to the fourth project approval authority to the project application report, shall be mainly to maintain economic security, rational use of resources, protecting the ecological environment, optimizing of important layout, safeguarding the public interest, prevent monopolies law review, make a decision on whether to, and strengthen supervision and management.

    Project market prospects, economic efficiency, sources of funding, technical programmes are managed by the corporate ownership, such as at your own risk, and project approval authority may interfere in enterprises ' investment autonomy.

    Fifth project approval authorities and their staff shall strictly implement relevant regulations of the State, it may not increase or decrease approved review conditions, shall not exceed the processing time.

    Article sixth except State secrets, business secrets or personal privacy is involved, a Department shall be approved by the project approval process, approving the results be made public.

    Article seventh project approved by the approval authority shall establish the project management online system, achieving the approval process and the results of the query, can be monitored.

    Eighth foreign-funded investment projects and measures for overseas investment projects approved separately, other types of investment companies in China construction project according to these measures.

    Chapter II content of the project application report and preparation of Nineth project unit shall report to the mouthpiece to project approval project applications (a-5).

    Project application report should consist of units to choose the project has qualified engineering consulting agencies, including projects approved by the national development and Reform Commission, the project application report should be prepared by the corresponding qualification of grade a engineering consultation bodies.

Tenth project application report shall include the following:

(A) projects;

(B) the proposed project;

(C) analysis of resource use and environmental impact;

    (D) the economic and social impact analysis.

11th national development and Reform Commission and the promulgation of project application report general text, the main industry of the project application report model, project approval documents formatting text.

    Project approval authorities shall follow the principles of convenience and efficiency, develop and open the Guide to services, needed to identify the project approval documents and annexes, accepted methods, review the conditions, procedure and processing time, improving the transparency of its work, provided guidance and services for the project.

12th item unit in the project application report submitted, based on provisions of national laws and regulations should be attached the following documents:

(A) selection report issued by the competent administrative Department of town and country planning (refers only to provide State-owned land use right of the projects);

(B) issued by the administrative departments of land and resources of land pre-trial comments (not related to new lands, approval of construction land expansion within the scope of the project, you can use pre);

(C) the environmental protection of environmental impact assessment approval document issued by the competent administrative department;

(D) energy saving examination certificate issued by the review;

    (E) in accordance with the relevant laws and regulations should be submitted to the other file.

    13th project unit should be responsible for the authenticity of all application materials.

    Chapter approval process

14th enterprise investment and construction projects should be approved by the local government, should be in accordance with the relevant provisions of the local government, and sent the files to the appropriate project approval mouthpiece project application report. Local businesses invested separately by the national development and Reform Commission, the Administrative Department under the State Council approved the project, should be determined by local Government of provincial development and reform Department, upon preliminary review opinions from industry Management Department, respectively, to the national development and Reform Commission, industry Management Department under the State Council submit project application report.

Belonging to the national development and Reform Commission approval authority for projects, managed by the provincial government under the project provincial government departments of first instance, shall be submitted jointly by the provincial development and reform of the Government.

State about sector belongs units, and plans single group, and central management enterprise investment construction should respectively by national development and Reform Committee, and State industry management sector approved of project, directly by State about sector, and plans single group, and central management enterprise respectively to national development and Reform Committee, and State industry management sector submitted project application report, and respectively attached project location provincial government development reform sector, and industry management sector of views.

    Corporate investment projects should be approved by the State Council, after review by the national development and Reform Commission reported to the State Council for approval.

15th application materials are incomplete or do not comply with the requirements of project approval authority shall, within 5 working days after receiving the application materials again informed the ad hoc corrections. Documents for applying for project approval authority to accept or not to accept, is entitled to the certificate with the private seal and dated written confirmation.

    Accept application materials, a written certificate shall indicate the number and units according to the number of the project, monitor the approval process online queries and results. Article 16th after project approval authority to declare official acceptance materials, if necessary, shall, within 4 working days in accordance with the relevant provisions of Commission an engineering consulting organization for evaluation. Preparation of project application report for project advisory body may not undertake any assessment of the same project. Engineering consultancy and project controlling, head of relationship management or for the same person, the consulting engineering sector shall not undertake the project assessment.

Commissioned project project approval authority, the advisory body should submit assessment reports within the stipulated time, and take responsibility for assessment.

    Assessment of costs borne by commissioned assessment project approval authorities, rating agencies and their staff shall not charge any costs of the project. Article 17th for projects related to the management functions of the industry concerned and project approval authority shall request the relevant administrative department within 7 working days to issue a written review.

    Feedback on the Administration if there is no written examination, agrees. 18th may have significant public interest implications of the project, project approval authority shall take appropriate means to solicit public opinion.

    For a particular project, you can implement a peer system. 19th project approval authorities shall formally accept declarations made within 20 working days after the decision whether to approve or review comments to a higher project approval authority.

Not available within 20 business days to make a decision, approved by the head of this body, can be extended by 10 working days, and extension should be informed of the reasons for the project. Project approval authority needs to delegate assessment and expert review, not counting the time required within the period specified in the preceding paragraph.

    Project approval authority shall consult assessment and expert review time required to inform the Organization in writing.

Article 20th agreed to approve the project, project approval authority shall issue a project approval document will be approved and shall be decided to open to the public; don't agree with approved project, project approval authority shall issue a written decision of disapproval, explanation of reasons for disapproval.

Belonging to the approval authority for projects under the State Council, by the national development and Reform Commission, according to the State Council issued the project approval document decision whether or not to approve the books.

    Project approval certificate issued by the project approval or disapproval decision shall be sent to peer industry, urban and rural planning, land resources, environmental protection, energy conservation, review of related departments and the lower, trial approved by the project authority.

    Article 21st project approval authorities shall strengthen self-discipline, develop and strictly comply with the internal rules of the work, clear acceptance of the application, review, commissioned to assess and seek peer review comments, internal checks, limited concluded, information such as work rules, making full use of information technology to improve approval efficiency.

    22nd project unit of objections to the decision on approval of the project approval authorities may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The fourth chapter approved and have the same effect

Article 23rd project review of project approval authority according to the following conditions:

(A) and macro-control policies in line with national laws and regulations;

(B) in accordance with development planning, industrial policy, technology policy and standards;

(C) rational development and effective use of resources;

(D) does not affect our national security, economic security and environmental security;

    (E) in the public interest, in particular projects of public interest do not produce significant adverse impacts.

    Article 24th project based on project approval documents, for planning permission by law, land use, resource utilization, safety and other related procedures. 25th project approval document is valid for 2 years from date of issuance. Within the validity period has not started construction, project unit shall, before the expiry of the 30 days prior to the original project approval authority for extension, the original project approval authorities shall, before the expiry of the decision whether or not to grant an extension.
Within the validity period has not started construction did not apply for an extension to the original project approval authority in accordance with the provisions of, the original project approval files expire automatically.

    Article 26th projects in project approval documents, any of the following circumstances, the project unit should promptly in writing to the original project approval authority to revise the application.

Original project approval authority should be based on specific circumstances, issue a written opinion or request it again for approval.

(A) the construction site changes;

(B) the construction of large scale and content changes;

(C) the project changes may have on the economic, social, environmental, and other significant adverse effects;

    (D) the need to adjust the project approval document of the provisions of the other cases.

    Fifth regulatory and legal liability

    27th project approval authority shall, in conjunction with the industry, urban and rural planning (building), land resources, environmental protection, financial regulation and work safety supervision departments to strengthen inspection and supervision of investment projects of enterprises. 28th article does not require planning and site selection, land pre-trial, the EIA approval, energy saving review project, project approval authorities at various levels shall not be approved.

    Are not required to perform approved procedures or failure to obtain project approval document projects, urban and rural planning (building), land and resources, and work safety supervision departments shall not go through relevant procedures, financial institutions shall not grant loans.

    29th article development and reform authorities at all levels shall, in conjunction with industry, urban and rural planning (building), land resources, environmental protection, financial supervision, production safety supervision departments to speed up the perfect information system, establishment of development planning, industrial policy, technology policy, admission standards, credit records and other information horizontal system, informed of violations investigated and dealt with in a timely manner, information sharing to achieve administrative approval and market supervision.

Article 30th project approval authorities and their staff in violation of the relevant provisions of the measures, any of the following circumstances, by a higher administrative authority or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions.

(A) have exceeded the statutory approval of the terms of reference;

(B) for items that do not meet the statutory criteria to be approved;

(C) to meet the statutory requirements of projects not approved;

(D) unauthorized changes approved review criteria;

(V) does not make an approval decision within the statutory time limit;

    (Vi) not to perform their supervisory duties or oversight, causing serious consequences.

    Staff of 31st project approval authorities, demanding or accepting other people's property in the project approval process or seeking other interests constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.

    32nd engineering consultation and assessment agencies and their personnel, participation in peer-expert in the preparation of the project application report, commissioned by the project approval authorities to carry out evaluation or by participating in expert review processes, failure to comply with provisions of national laws and regulations and these rules, shall be investigated for criminal responsibility. Article 33rd project unit to hide relevant information or provides false declarations or other improper means to apply for approval, inadmissible or not to approve project approval authorities; has made the project approval documents, project approval Department shall rescind the project approval documents, has started construction, law ordered to stop construction.

    Corresponding project approval authorities and related departments should be included in the bad credit records and shall be investigated for legal liability of those responsible.

    Article 34th belongs to the implementation of the approved system of ranges but failing to obtain project approval documents and unauthorized construction projects, as well as items that are not in accordance with the requirements of the project approval documents for construction, once discovered, the corresponding project approval authorities and related departments should be included in the bad credit records, ordered to stop the construction or rectification in accordance with law and shall be subject to legal liability of those responsible.

    The sixth chapter supplementary articles

    35th project approval authority of provincial government departments and industry Management Department under the State Council, in accordance with the relevant State laws and regulations and these regulations, formulate specific implementing measures.

    Article 36th public institutions, social groups, such as provided for in the approved list of investment and construction of the implementation of the approved projects, according to the implementation of these measures.

    37th article of the approach by the national development and Reform Commission is responsible for the interpretation. 38th article of the rules take effect on June 14, 2014. Of the interim measures for the approval of enterprise investment projects (19th, the national development and Reform Commission) abolished at the same time.