Interim Measures For The Approval Of Enterprise Investment Projects

Original Language Title: 企业投资项目核准暂行办法

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(September 15, 2004 the national development and Reform Commission released 19th come into force on the date of promulgation) Chapter I General provisions article in order to meet the needs of perfecting socialist market economy system, and further promote the reform of the management system of enterprise investment projects in China, according to the People's Republic of China on administrative licensing law and the decision of the State Council on the reform of investment system, these measures are formulated.
    Article II countries in the formulation and promulgation of the list of Government-approved investment projects (hereinafter referred to as the directory), and clear scope of the implementation of the approved investment projects, dividing the approval authority of project approval authority, and based on the economic situation and macro-control needs adjusting. Project approval authority referred to in the preceding paragraph, refers to the catalogue of requirements with enterprise and investment project approval authority of the Executive.
    Which refers to the investment authorities under the national development and Reform Commission local government investment authorities, and refers to the local development and Reform Commission (Planning Commission) and the local Government has provided investment management functions of the economic and Trade Commission (Commission). Article business investment and construction of the implementation of the approved projects shall be prepared according to the relevant requirements of the State project application report, submitted to the project approval authorities.
    Projects approved by the approval authority shall be in accordance with law, and strengthen supervision and management.
    Fourth approach to foreign investment projects and approval of overseas investment projects separately, other types of investment companies in China construction project according to these measures. Chapter project application report and the preparation of the fifth project applicant project application report should be submitted to the approval authority a set of 5 copies.
    Project application report shall be prepared by the Agency with appropriate engineering consultation qualification, which investment projects approved by the authorities of the State Council, the project application report shall be prepared by the Agency with grade a engineering consultation qualification.
    Article sixth project application report shall include the following: (a) the project application unit.
    (B) of the proposed project.
    (C) land for construction and planning.
    (D) analysis of resource use and energy consumption.
    (V) the environmental impact analysis.
    (Vi) analysis of the economic and social effects.
    Seventh national development and Reform Commission will be based on actual needs, prepare and issue the main industry of the project application report model to direct project work.
    Eighth article project declared units in to project approved mouthpiece sent application report Shi, needed according to national legal regulations of provides comes with following file: (a) city planning administrative competent sector issued of city planning views; (ii) land resources administrative competent sector issued of project with to pre views; (three) environmental protection administrative competent sector issued of environment effect evaluation file of approval views; (four) according to about legal regulations should submitted of other file.
    Nineth project application unit is responsible for the authenticity of all application materials.
    Chapter approval procedure article tenth enterprise investment and construction shall be approved by the Department of local government investment projects shall be in accordance with the relevant provisions of the local government, project application report to the appropriate project approval authorities.
    Investment and construction of relevant competent departments of the State Council attached to the unit by the relevant competent departments of the State Council approved the project, directly submit project application report to the relevant competent departments of the State Council, and provincial government departments on the enclosed items. Plans to separate groups and centrally administered enterprises shall be approved by the investment Department of investment and construction projects, may apply directly to the investment Department under the State Council submit project reports, accompanied by views of the local provincial government investment authorities; other enterprises shall be approved by the investment Department of investment and construction projects shall be approved by the local provincial government investment authorities and comments in the first instance,
    Investment Department under the State Council submit project application report (investment management functions of the provincial government regulations have economic and Trade Commission, the Commission should be submitted jointly with the national development and Reform Commission).
    Investment construction projects approved by the State Council, shall be invested by the State Council Department in charge of audit observations, submit project application report to the State Council.
    11th project approval authority considers that application materials are incomplete or do not conform to the requirements, should be received within 5 business days of the project application report informed the project applicant, sought clarification from the project applicant, and additional relevant information and documentation, or make adjustments to the relevant content.
    The applicant submitted materials according to the requirements of the project are complete, project approval authorities should formally accept, and accept the notice issued by the applicant to the project.
    Article 12th after project approval authority accepting the application for approval, if necessary, should be commissioned within 4 working days have qualified advisory bodies for evaluation. Accept delegated project approval authority, the advisory body should submit assessment reports within the stipulated time, and take responsibility for assessment.
    Advisory body at the time of assessment, may require the project application unit described on the relevant issues. Article 13th project approved by the approval authority in the review, such as other functions of the Industry Department should seek the views of relevant departments.
    Relevant departments should receive comment letters (with report of project applications) within 7 working days after, written comments to the project approval authorities; if there is no feedback from audit observations in writing and deemed to have agreed. Article 14th may have a significant impact on public interest projects, project approval at the time of approval review should take appropriate means to solicit public opinion.
    For a particular project, you can implement a peer system. 15th project approval authority should receive within 20 working days of the project application report, make a decision on whether to approve the project application report and announced to the community, project approval authority to the supervisor or the audit opinion.
    Due to special reason is really difficult to make an approval decision within 20 working days, approved by the head of this body, can be extended by 10 working days and shall promptly notify the project applicant, extension reasons stated.
    Project approval authority commissioned a consulting assessment, soliciting public input and expert review of, not counting the time required within the period specified in the preceding paragraph. Article 16th agreed to approve the project, project approval authority to the project approval document issued by the project applicant, with a copy to their subordinate departments and project approval authority; does not agree with the approval of the project, should be reported to the project unit not to approve decisions, give reasons for their disapproval, with a copy to the relevant departments and the lower project approval authority.
    The State Council approved the project, investment project approval documents issued by the competent Department under the State Council.
    Article 17th project the applicant disagrees with the decision on approval of the project approval authorities, administrative reconsideration or administrative proceedings in accordance with law.
    Fourth chapter approved content and the effectiveness 18th article project approved organ main according to following conditions on project for review: (a) meet national legal regulations; (ii) meet economy and social development planning, and industry planning, and industry policy, and industry access standard and land using general planning; (three) meet national macro-control policy; (four) area layout reasonable; (five) main products not on domestic market formed monopoly; (six) not effect China economic security; (seven) reasonable development and effective using has resources;
    (H) effective protection of ecological environment and natural and cultural heritage, (I) is not in the public interest, in particular projects that adversely affect the interests of the public.
    19th project application unit based on project approval documents, according to use, urban land use, resource planning, safety, equipment imports and tax deductible confirmation procedures. Article 20th project approval document is valid for 2 years, calculated from the date of publication. Project during the period of approval documents did not start construction, the project unit should be approved before 30th of expiry of document the original project approval authority for extension, the original project approval authority shall before the expiry date of the authorization decision whether or not to grant an extension.
    Project during the period of approval documents did not start construction did not apply for an extension to the original project approval authority, the original project approval files expire automatically. Article 21st of the approved project, if you need to adjust the content set out in project approval documents, project unit shall promptly report in writing to the original project approval authority.
    Original project approval authority should be adjusted according to the project's specific circumstances, issue a written confirmation or ask again for approval.
    22nd corresponds to projects approved by the approval authority and undeclared items, or declarations, but without the approval of the project, land and natural resources, environmental protection, city planning, quality supervision, securities regulation, foreign exchange management, safety production supervision, water resources management, the Customs and Excise Department may not go through relevant procedures, financial institutions shall not grant loans.
    The fifth chapter legal liability article 23rd project approval authorities and their staff, should strictly enforce the relevant provisions of national laws and regulations and these rules shall not disguise changes and approval shall be the approved time frame.
    24th project approval authorities of staff abuse their powers, neglect their duties, during the project approval process of favoritism, bribe, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    25th Advisory evaluation agencies and their staff, unprofessional in the assessment process, causing great loss and adverse effects, should be investigated for responsibility according to law.
    Article 26th project applicant to split item, provide false materials or other improper means to obtain project approval documents, project approval authorities shall withdraw approval of the item in accordance with law. 27th project approval authority shall, in conjunction with city planning, land resources, environmental protection, banking supervision, safety and other departments, strengthen the supervision of investment projects.
    Shall be submitted to and approved by the Government of undeclared items, although declared unauthorized construction projects, as well as not complying with the requirements of project approval documents for construction projects, once discovered, the project approval authorities should immediately ordered to stop construction, and shall be held responsible for the legal and administrative responsibilities. The sixth chapter supplementary articles

    28th provincial government investment authorities and relevant competent departments of the State Council with the approval authority, in accordance with the People's Republic of China on administrative licensing law, decisions of the State Council on the reform of investment system, as well as the spirit and requirements of the present measures, formulate specific implementing measures.
    29th public institutions, social groups, such as non-enterprise investment and construction of the items contained in the list of Government-approved investment projects, approved in accordance with this approach.
    30th article this way is responsible for the interpretation by the national development and Reform Commission. 31st article this way as of the date of promulgation.
                                                                                                    Previously released provisions relating to approval of enterprise investment projects, where inconsistent with these measures, in accordance with these measures.

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