Harbin Measures For Fixed Asset Investment Project Review And Approval Record

Original Language Title: 哈尔滨市固定资产投资项目审批核准备案办法

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(October 26, 2007 Harbin city government 14th times Executive Conference considered through November 2, 2007 Harbin City Government makes 177th, announced since January 1, 2008 up purposes) first chapter General first article for strengthening fixed assets investment project management, specification project approval, and approved and record program, created good economic development environment, protection investors of lawful rights and interests of, according to State on investment reform of decided, national and province of about provides, combined this city actual
    And these measures are formulated.
    II fixed assets investment projects in these measures include government investment projects, investment projects and foreign investment projects.
    This approach by said government investment project, is refers to using following Government sex funds construction of fixed assets investment project: (a) City this level financial budget construction funds; (ii) into city this level financial management of special construction funds; (three) national and province budget funds; (four) bonds funds; (five) domestic financial institutions Government credit loan; (six) international financial organization and foreign government loan; (seven) legal, and regulations provides of other Government sex funds.
    Enterprise investment projects in these measures refers to enterprises (excluding enterprises with foreign investment and foreign enterprises), do not use government funds construction of fixed-asset investment projects.
    Foreign investment projects in these measures, including Sino-foreign joint ventures, Sino-foreign cooperative, territory of the merger and acquisition of foreign-owned enterprises, foreign-funded enterprises, foreign-funded enterprises increased funding and other types of foreign investment projects.
    The third article of the municipal management powers of government investment project approval, administrative rights, and the city business investment projects and projects with foreign investment approval and record-keeping activities, these measures shall apply; otherwise provided by laws and regulations, from its provisions.
    Fourth municipal development and reform of administrative departments in implementing these procedures, is responsible for the approval of fixed asset investment project approval, and file management.
    Municipal development and reform of the administrative authorities responsible for municipal-level regulatory powers of government investment project approval.
    City, district and County (City) development and reform Administrative Department in accordance with administrative rights, responsible for investment projects (use of non-government funding except industrial technical innovation investment projects) and the approval of foreign investment projects and record work.
    City, district and County (City) of industrial economic management departments in accordance with the management authority, is responsible for the use of non-government funding of industrial technology investment project approval and filing work.
    Construction, urban planning, land resources, environmental protection, work safety, water, statistical and other administrative authorities in accordance with their respective responsibilities, to fixed asset investment projects examination and approval, approval and filing of related work.
    Project approval or for the record to in this way to third to fourth chapter Department refers to the development and reform of the Administrative Department, General Administration of industrial economy.
    Article fifth construction, urban planning, land resources, environmental protection, work safety supervision and project approval, approval or for the record and other departments, should strengthen coordination, exchange of information, according to the other requirements of the relevant administrative departments departmental project management to be informed in a timely manner. Sixth article of any units or individuals to the relevant administrative departments in project approval, approval and record-keeping violations in the process, have the right to report to appropriate authorities.
    Accept reporting authorities shall promptly investigate, and keep their informants confidential.
    Chapter II project examination and approval article seventh according to the relevant regulations of the State, municipal administrative permission system of government investment project approval.
    Eighth article city development and reform administrative competent sector on city level management permission government investment project, should according to following provides for project proposal, and feasibility research report, and preliminary design (or construction figure design) or funds application report of approval: (a) used directly investment or capital injected way, total investment 5 million Yuan and the above of public class project, and 3 million Yuan and the above of non-public class project, approval project proposal, and feasibility research report and preliminary design;
    (B) by direct investment or capital injection, a total investment of 5 million yuan of public welfare projects, 3 million Yuan non-public welfare projects, approving project proposals and preliminary design (or drawing), and (iii) investment grants or subsidized loans to invest in the project, approving funding applications report.
    Nineth must approve project proposals, project applicants should by competent authorities or local district and County (City) competent administrative Department for development and reform, to the municipal development and reform and approval of project proposals submitted by the Administrative Department documents.
    City development and reform of the Administrative Department of receipt and approval of the project proposal documents should be made within 5 working days from the date of the approval decision. Tenth Article need approval feasibility research report of, project declared units should through competent organ or project location of district, and County (City) development and reform administrative competent sector, to city development and reform administrative competent sector submitted by has statutory qualification of advisory institutions prepared of feasibility research report and approval asked file, and provides following material: (a) city planning administrative competent sector issued of city planning location views; (ii) land resources administrative competent sector issued of project with to pre views, but through tender, and
    Listing auctions, land acquisitions except for construction projects; (c) environmental impact assessment documents issued by the competent administrative Department of environmental protection approval; (d) sources of funding and implementation of proof; (e) laws and regulations shall be submitted to the other file.
    Municipal development and reform administrative departments shall organize the relevant departments and experts, or entrust the advisory bodies with statutory qualification evaluation and justification of the project feasibility study report, and evaluation and justification, within 5 working days since the date of proof according to the decision.
    11th must approve preliminary design (or drawing), project applicants should by competent authorities or local district and County (City) competent administrative Department for development and reform, to the municipal development and reform submitted by the competent administrative department preliminary design prepared by the design agency with the appropriate qualification (or drawing) and approving documents.
    Feasibility study does not require approval, applicant shall declare approved the preliminary design of the project (or drawing), the provision should be provided in paragraph one of this article tenth of the material.
    Municipal development and reform of the administrative authorities shall organize the relevant departments and expert or advisory bodies on the preliminary design of a delegate with legal qualifications (or drawing) for review, and the review comments, review within 5 working days from the date of the adoption of the approval decision.
    Reconstruction of city-level urban construction projects such as road and bridge construction such as the preliminary design, development, construction, and reform of the Administrative Department may authorize the competent administrative Department for approval.
    12th must approve funding applications, project applicants should by competent authorities or local district and County (City) competent administrative Department for development and reform, to the municipal development and reform of the Executive authority and approval of funding applications submitted documents and provide project registration, approval, or project approval documents, such as applications for subsidized loans, should also be issued by a bank loan agreement.
    Funds application report should including following content: (a) project units of basic situation and financial status; (ii) project basic situation, including project construction background, and construction content, and total investment and the sources, and technology process, and construction conditions implementation situation,; (three) application investment grants or loan discount of main reasons and policy according to; (four) need provides of and project related of other content.
    Apply for investment subsidies or the loan quota of less than 500,000 yuan, funding application content and attachment materials can be simplified under the circumstances.
    13th of municipal development and reform of administrative departments in reviewing requests for funding reports, according to experts or commissioned agencies needs to be assessed and, if necessary, should also seek the views of relevant administrative departments.
    City development and reform of the Administrative Department shall receive funds within 5 working days from the date of application for the report according to the decision subject to assessment, shall assess within 5 working days from the date of the adoption of the approval decision.
    14th Administrative Department of municipal development and reform organization expert or advisory body entrusted to carry out evaluation and justification or assessment, time shall not exceed 30 working days; evaluation and justification does not calculate the approval or review time period.
    Article 15th needs reported by other administrative departments approving funding applications, other competent administrative departments shall, in accordance with the relevant provisions of these approaches involve funding request report for approval, and communicate results to the municipal development and reform of the executive authorities.
    16th section must be reported to the national and provincial government investment project approval, project proposals, feasibility studies, preliminary design or application of funds, carried out by the competent administrative Department of municipal development and reform after the trial, reported that the State or provincial development and reform of the executive authorities.
    Article 17th project application unit shall not be any of the following acts: (a) provides false information, obtaining government funds, (ii) transfer, appropriation or diversion of construction funds and (iii) expand the scale of project or change project contents without authorization.
    18th consulting, design or assessment agency preparation of feasibility studies, preliminary design or consulting, project assessment should be objective and realistic and not fraud, issued a serious misrepresentation of the concluding observations.
    Chapter III article 19th project approval according to relevant regulations of the State, in the list of investment projects approved by the Municipal Government of Harbin, administrative privileges, the investment projects and foreign-funded projects, the implementation of approval system.
    20th of municipal development and reform of administrative departments under the State Council of the list of Government-approved investment projects and the catalogue of investment projects approved by the Heilongjiang provincial government, formulate, revise the catalogue of investment projects approved by the Municipal Government of Harbin, submitted to the municipal people's Government for approval before implementation. No unit or individual may unlawfully changes provided for in the list of investment projects approved by the Municipal Government of Harbin range.

    Article 21st project approval departments to require approval of enterprise investment projects or foreign-invested projects, approval of the project application report should be carried out.
    22nd project applicant project application report should be prepared in accordance with this regulation, and in accordance with administrative privileges to the city, district or County (City) departments project approval submissions.
    Projects approved by the Municipal Department of project approval, should be declared in accordance with the following provisions: (a) in provincial units and real estate development companies, project approval submitted, directly to the project application report.
    (B) in subparagraph (a), other than those provided for project application unit should, through the competent authorities or the local district and County (City) departments project approval, project application report to the Municipal Department of project approval.
    23rd project application report including the project applicant, proposed projects, construction sites and related planning, resource use and energy use analysis, environmental impact analysis, and economic and social effect analysis and so on.
    Foreign investment project application report, in addition to outside the provisions of the preceding paragraph of this article, should also include basic operating period, investors, projects with a total investment and registered capital and capital contributions, investment and financing programmes, needs to import equipment and amount.
    Safety-related projects should also increase the content of safety assessment in the application report.
    24th investment project application report should be prepared by the advisory bodies with statutory qualifications.
    25th article project declared units in submitted project application report Shi, should submitted following material: (a) city planning administrative competent sector issued of city planning location views; (ii) land resources administrative competent sector issued of project with to pre views, but through tender, and auction, and tone transfer land right way made of construction project with to except; (three) environmental protection administrative competent sector issued of environment effect evaluation file of approval views; (four) legal, and regulations provides should submitted of other material.
    26th article foreign investment project declared units application approved project, except should submitted this approach 25th article provides of material outside, also should submitted following material: (a) foreign investment parties of enterprise license, and business registration card and by audit of latest Enterprise annual financial report, and account Bank issued of funds credit proved; (ii) investment letter of intent, increased funding, and purchased and project of company Board resolution; (three) to state-owned assets or land right funded of, issued related administrative competent sector confirmed of file.
    New project does not provide business license applicants shall submit the Enterprise name pre-approval notice issued by the administrative departments for industry and commerce.
    27th project application unit should ensure that project proposals for the content of the report and the material submitted by real, legitimate and effective, shall not split items or provide false materials or other improper means in obtaining project approval documents.
    28th project approval departments project information provided by the applicant is complete, comply with the statutory format, written decision shall be made on the spot.
    Departments project approval documents are incomplete or do not meet the requirements, shall on receipt of the project application report or project applications received within 3 working days from the date of the report, at once inform all project application unit need to supplement content fails to inform the, shall be accepted as of the date of receipt of the application materials.
    Article 29th project approval departments shall review for projects in the following areas: (a) comply with relevant laws, regulations and policies.
    (B) conform to the national economic and social development planning, industrial planning, industrial policies and industry standards, and (c) does not affect national economic security and the public interest; (d) does not affect the ecological environment; (e) the reasonable protection and effective utilization of resources. Article 30th departments project approval at the time of project approval and review, and other administrative functions of the authority shall seek the views of relevant departments.
    Relevant departments shall receive for comment within 5 working days from the date of notification, submit written observations to the project approval authorities; outstanding feedback, agrees.
    31st project approval departments on projects could have significant ramifications for the public interests, shall solicit the public's views on particular projects should organize experts for review.
    32nd need information to assess the project, project approval departments shall project applications received within 3 working days from the date of the report, commissioned a consultation with statutory qualifications assessment mechanism for evaluation. Commissioned consulting assessment body shall submit an assessment report within the stipulated time, and responsible for the assessment.
    Consult when assessing bodies to evaluate project describes the applicant shall truthfully. Article 33rd project approval Department shall accept applications for the project within 6 working days from the date of the report and make a decision on whether to approve it.
    Approved issuance of the approval documents and reasons are not approved in writing.
    Project approval departments in the approval decision cannot be taken within 6 business days, approved by the Department head may be postponed, but shall not exceed 6 working days delay approval of project approval departments shall decide to inform the project applicant, and explain the reasons.
    Sector advisory mandates approved by the project assessment, when seeking public input and expert review, each working time shall not exceed 30 working days; the time required within the time limit prescribed in the preceding paragraph is not evaluated.
    34th article has approved of project, has following case one of of, should holding change application and about change proved material to original project approved sector handle change procedures: (a) construction locations occurred changes; (ii) investment party or holding party equity occurred changes; (three) main construction content and main products occurred changes; (four) total investment cumulative beyond or reduced original approved investment 30% above; (five) legal, and regulations or industry policy provides need handle change procedures of other case.
    Original project approval authority shall accept the change within 6 working days from the date of the application to be completed in time.
    35th project applicant project approval is not started within 2 years from the date of the decision, approved by the original project approval Department may write-off the original decision.
    Still need to start construction of the project, project application unit should be 30 working days of the date of the expiration of 2 years ago, reasonable delay start reason and apply for an extension to the original project approval authorities.
    Original project approval authority shall, within 3 business days with a response; for decision may be appropriately extended, extension of time shall not exceed 6 months.
    36th project application unit based on project approval documents, in accordance with the law of the town planning, land use, resource utilization, such as licensing and related tax breaks, such as confirmation.
    To be approved by the project approval authorities and undeclared or declared, but without the approval of the project, urban planning, land and resources administrative departments shall not apply for approval shall be obtained before they can go through the other related procedures.
    37th must be reported to the State and province-approved projects, the project application report within 5 working days by the Municipal Department of project approval submitted to the parent project approval authorities for approval.
    Fourth chapter record 38th article of the project according to the relevant regulations of the State, the city administrative permissions and does not belong to the list of investment projects approved by the Municipal Government of Harbin enterprises within the scope of investment projects, implementation of the file system.
    39th except in accordance with the relevant provisions of State or outside the province, relevant departments of the enterprise's investment project, the project unit should the construction project is located in district and County (City) record for filing.
    40th project units should be carried out in project pre-construction projects record truthfully of the Harbin investment project application form and to issue copies of business license and copy of.
    Application form shall include the enterprise's basic situation, project, project investment and so on.
    Record 41st project sector projects to submit complete materials, shall be filed immediately, and to project unit record; the project materials are incomplete or there is a need to clarify matters, it shall immediately inform the project unit, additional material or to clarify the facts.
    42nd filing procedures for projects, investment in the implementation process, project, product or significant changes in the main building, the project unit should be applied to the original filing a fresh record in a timely manner.
    Article 43rd record but not to start the construction of investment projects, due to the adjustment of the list of investment projects approved by the Municipal Government of Harbin is changed to approved projects, projects should be approved in accordance with this regulation to apply for clearance.
    44th record departments should strengthen the enterprise investment projects of archival materials sorting, summary and analysis, and report regularly to the competent Department sending related material.
    Fifth chapter legal responsibility 45th article government investment project declared units violation this approach provides, has following behavior one of of, by city development and reform administrative competent sector or other about sector, according to management permission ordered deadline rectification, can reduced, and recovered or stop allocated Government sex funds; plot serious of, suspended project construction or suspended project units new project of approval: (a) provides false situation, cheat Government sex funds of; (ii) transfer, and occupation or misappropriated construction funds of;
    (C) expand the scale of project or change project contents without authorization. 46th article enterprise investment project or foreign investment project declared units violation this approach provides, has following behavior one of of, by project approved sector law give processing, and punishment: (a) should application approved and not application approved of, ordered its stop construction, and sentenced 5000 Yuan above 20,000 yuan following fine, on meet approved conditions of project, ordered its deadline handle procedures; (ii) not according to project approved file requirements for construction or should application change and not application of, ordered corrected, And a fine of 2000 Yuan and 10,000 yuan fines;

    (C) to split item, provide false materials or other improper means to obtain project approval documents, cancelled the project approval, no illegal proceeds, fined 10,000 yuan and 20,000 yuan fine; there is illegal income, and fined 20,000 yuan and 50,000 yuan fine.
    47th article enterprise investment project units violation this approach provides, has following behavior one of of, by project record sector ordered deadline corrected; late still not corrected of, sentenced 2000 Yuan fine: (a) should for project record and not submitted record of; (ii) has handle record procedures, in implementation process in the investment subject, and project products or main construction content occurred major change, not again application record of; (three) not according to project record content for construction of.
    48th consulting, design or assessment agency fraud, material misstatements to the concluding observations issued by by the municipal development and reform administrative department or other relevant departments to give a warning; the circumstances are serious, the project 5 times a fine of three times the maximum not more than 50,000 yuan; the losses in terms of, the violator shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law. 49th article project approval, and approved and record sector and staff, in approval, and approved and record project work in the, has following behavior one of of, by its where units, and superior competent sector or monitored organ ordered deadline corrected, on main head and directly responsibility personnel give informed criticism, and law give disposition; constitute crime of, law held criminal: (a) meet approval, and approved conditions, should approval, and approved and not give approval, and approved of; (ii) not meet approval, and approved conditions and give approval
    , And approved of; (three) beyond provides time approval, and approved of; (four) on beyond Harbin Municipal Government approved of investment project directory provides range of project implementation approved of; (five) not on material complete of record project timely be record of; (six) using positions of will seek illegal interests of; (seven) violation legal, and regulations and regulations provides of other behavior.
    The sixth chapter supplementary articles article 50th District and County (City) Government approval of investment projects in accordance with the measures implemented.
    Public institutions, social groups and other non-business unit uses non-government funding of fixed assets investment and construction projects, enterprise investment project approval or for the record in accordance with the measures implemented.
                                                            51st these measures come into force on January 1, 2008.

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