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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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(Adopted at the 14th ordinary meeting of the Government of the Hilhama, 26 October 2007, No. 177 of 2 November 2007 by the People's Government Order No. 177 of 2 November 2007 (Act of 1 January 2008)

Chapter I General
Article 1 regulates project approval, approval and filing procedures, creates a good economic development environment, protects the legitimate rights and interests of investors, and develops this approach in line with the relevant provisions of the State Department's Decision on Investment Institutional Reform.
The fixed asset investment projects described in this approach include government investment projects, business investment projects and business investment projects.
This approach refers to Government investment projects that are used to capitalize fixed-term asset investment projects using the following government funds:
(i) Capital-building funds for the municipal budget;
(ii) Incorporation of funds earmarked for capital management at the municipal level;
(iii) Funding within national and provincial budgets;
(iv) National debt funds;
(v) Government credit loans for domestic financial institutions;
(vi) International financial organizations and foreign government loans;
(vii) Other governmental funds provided for by law, regulations.
The business investment project described in this approach refers to a fixed asset investment project for businesses (excluding business and foreign enterprises) that do not use government funds.
This approach refers to external investment projects, including external joint ventures, intra- and external cooperation, sole-source, out-of-business purchases and investment projects in enterprises in the country, external investment enterprises.
Article 3
Article IV organizes the implementation of this approach by the competent municipal development and reform authorities responsible for the management of the approval, approval and filing of fixed-term asset investment projects.
The municipal development and reform administration authorities are responsible for the approval of government investment projects at the municipal level.
In accordance with the management authority, the executive authorities for the development and reform of the administration are responsible for the approval and documentation of enterprise investment projects (with the exception of investment projects using non-governmental funding industry technology adaptation projects) and external investment projects.
The Integrated Industrial Economic Management Sector in the city, district, and district (market) is responsible for the approval and documentation of investment projects using non-governmental financing industrial technology for adaptation.
The executive authorities, such as construction, urban planning, land resources, environmental protection, safe production supervision, water and statistics, have been able, in accordance with their respective responsibilities, to undertake the clearance, approval and documentation of fixed-term asset investment projects.
The projects referred to in chapters III and IV of this approach are approved or submitted to the development and reform of administrative authorities, the industrial economic integrated management sector.
Article 5
Any units and individuals concerned have the right to report to the relevant organs on violations committed in the course of project approval, approval and filing. The organ receiving the report should be promptly checked and kept confidential.
Chapter II Project approval
Article 7 provides for the approval of government investment projects at the municipal level, in accordance with relevant national provisions.
Article 8
(i) Approval of project proposals, feasibility studies and initial designs through direct investment or capital injection;
(ii) Approval of project proposals and initial designs (or construction map design) through direct investment or capital injection.
(iii) Approval of requests for funding through investment subsidies or loan-based investment-building projects.
Article 9 requires approval of project proposals, which should be submitted to the municipal development and reform of the administrative authorities through the competent authorities or the district of the project location, the district(s) and the development and reform of administrative authorities.
The municipal development and reform of the administrative authorities shall take approval decisions within five working days of the date of receipt of the project proposal and its request for approval.
Article 10 requires the approval of the feasibility study, which shall submit to the municipal development and reform of the administrative authorities the feasibility study prepared by an advisory body with a statutory qualifications and the request for documentation through the competent authorities or the district, district (market) development and reform administration authorities.
(i) Urban planning options from urban planning authorities;
(ii) The territorial resource administration authorities presided over the construction of the project area through tendering, auctions, wallchmarks to allow land-use means;
(iii) Approval of environmental impact evaluation documents by environmental authorities;
(iv) Sources of finance and implementation certificates;
(v) Other documents to be submitted by law, legislation and regulations.
The municipal development and reform of the administrative authorities should organize the relevant departments and experts, or entrust the advisory body with the legal qualifications to assess the feasibility study of the project and, in accordance with the assessment opinion, make approval decisions within five working days from the date of the adoption of the argument.
Article 11 requires approval of initial designs (or construction map design) and project declaration units should submit to the municipal development and reform administration authorities initial design (or construction map design) prepared by the design body with corresponding qualifications (or the construction map design) and its request for approval.
In the absence of a feasibility study, the project declaration unit shall provide the material to be provided in article 10, paragraph 1, of the scheme when it is declared that the initial design (or the construction map design) should be approved.
The municipal development and reform of the administrative authorities should organize the relevant departments and experts, or entrust the advisory body with the legal qualifications to conduct the evaluation of the initial design (or the construction map design) and make approval decisions within five working days from the date of the adoption of the evaluation.
The initial design of projects such as road bridges such as the use of city-level urban rehabilitation funds can be delegated to the municipal development and reform administration authorities for approval.
Article 12 requires the approval of the financial request report, which should be submitted to the municipal development and reform administration authorities through the competent authorities or the district of the project location, the district(s) development and reform of the administrative authorities for the submission of financial requests and their approval requests and the provision of project clearances, approvals or project re-entry documents, etc.; the application of the loan interest and the transfer of bank loan agreements.
The financial application report should include the following:
(i) The basic situation and financial situation of the project unit;
(ii) The basic situation of the project, including the context of project construction, content-building, overall investment and funding, technology processes, and the implementation of the conditions of construction;
(iii) The main causes and policy basis for the application of investment subsidies or loan closes;
(iv) Other elements related to the project are required.
The application for investment subsidies or the value of the loan is 500,000 dollars, and the content and annex materials for the funding request may be simplified on a case-by-case basis.
In reviewing funding requests, the municipal development and reform of the executive authorities may organize expert or commission an assessment based on the needs of experts or, where necessary, seek the views of the relevant administrative authorities.
The municipal development and reform of the administrative authorities shall take the approval decision within five working days from the date of receipt of the request for funds; the assessment shall be carried out within five working days from the date of the adoption.
Article 14.
Article 15 requires approval by other administrative authorities of the request for funds, and other administrative authorities shall be subject to the relevant provisions of the financial requests covered by this approach and inform the municipal development and reform of the administrative authorities of the results of the approval.
Article 16 requires government investment projects approved by the State and the province, and their project proposals, feasibility studies, preliminary designs or funding requests are reported to be approved by the State or provincial development and reform administrations after the first instance of the municipal development and reform administration authorities.
Item 17 shall not contain the following acts:
(i) Provision of false information to deceive Government funds;
(ii) Transfer, appropriation or misappropriation of funds;
(iii) Excellence to scale up project construction or change project construction.
Article 18 Counselling, design or assessment bodies shall prepare feasibility studies, preliminary designs or advice, assessment of projects, be objective, real; no leave shall be avoided and a concluding observations of a serious error.
Chapter III Project approval
Article 19, in accordance with the relevant provisions of the State, has been approved for the enterprise investment projects and foreign investment projects in the city's management competence under the Hilhama List.
Article 20 of the municipal development and reform of the administration should be based on the directory of investment projects approved by the Government of the State and the directory of investment projects approved by the Government of the Blackon Province, to develop, adjust the list of investment projects approved by the Government of Hara and to report on implementation by the Government of the city.
Any unit or individual may not be allowed to increase the scope of the investment project section approved by the Government of Harahama.
Article 21, which approves the sectoral approval of enterprise investment projects or foreign-business investment projects that require approval, shall be subject to approval of project requests.
The Second Article 32 project declaration unit shall prepare a project application report in accordance with the provisions of this methodology and submit it to the municipalities, regions or counties (markets) project approval department in accordance with the management authority.
Projects approved by the municipal project approval sector shall be declared in accordance with the following provisions:
(i) Direct provincial and real estate development enterprises submit project requests directly to the municipal project approval sector.
(ii) A project declaration unit other than the provisions of subparagraph (i) of this paragraph shall submit a project application report to the urban project approval sector by the competent authority or the district, district (market) project approval department.
The second thirteenth project application report includes, inter alia, the status of project declaration units, the proposed construction of projects, the development of land-use-related planning, resource utilization and energy-intensive analysis, ecological environmental impact analysis and economic and social impact analysis.
In addition to the provisions of this article, the Insolvency Investment Project Applications Report should include the duration of the operation, the basic situation of the investor, the overall investment in the project, the registration of capital and the contributions of the parties, the manner in which funding programmes, the need for importing equipment and the amount.
Security-related projects should also increase safety evaluation in the application reports.
Article 24 Applications for enterprise investment projects should be prepared by a statutory advisory body.
When submitting a report on the application of the Article 25 project, the following materials should be submitted:
(i) Urban planning options from urban planning authorities;
(ii) The territorial resource administration authorities presided over the construction of the project area through tendering, auctions, wallchmarks to allow land-use means;
(iii) Approval of environmental impact evaluation documents by environmental authorities;
(iv) Other material to be submitted by law, legislation and regulations.
Article 26
(i) Business licences, commercial registration certificates and audited annual corporate financial statements, financial certificates from the opening-up banks;
(ii) Investment expressions of interest, additions, acquisitions and project corporate boards resolutions;
(iii) A document confirmed by the relevant administrative authorities, funded by State assets or land-use rights.
New project declaration units that cannot be provided for business licences should be submitted to the pre-approval of enterprise names from the business administration.
Article 27 project declaration units should ensure that the content of the project application and the material submitted is authentic, legitimate and effective, and that the project approval document shall not be invoked by reason of the sub-item or the provision of false material.
The Twenty-eighth Project Approval Department considers that the material provided by the project declaration unit is fully and in accordance with the statutory form and shall make written decisions in the event.
The project approval department considers that the declared material is incomplete or incompatible with the requirements, and that a one-time notification of the full content of the project declaration unit will be required within three working days from the date of receipt of the submission of the project application or from the date of receipt of the submission of the project request.
The project approval sector should review the project in the following areas:
(i) In conformity with the relevant laws, regulations and policies.
(ii) In line with national economic and social development planning, industrial planning, industrial policy and industrial access standards;
(iii) Failure to affect national economic security and public interest;
(iv) Failure to affect the ecological environment;
(v) A rational protection and effective development of resources.
In carrying out the project approval review, the Thirty-first Project Approval Department concerned the functions of other administrative authorities and should seek the views of the relevant sectors. The relevant sectors should provide written advice to the project approval department within five working days from the date of receipt of the request for comments; the unsatisfaction was considered to be agreed.
The Thirty-first Project Approval Sector projects that may have a significant impact on the public interest should be consulted by the public; expert reviews should be organized for special projects.
Article 32 requires a project to consult the assessment, which should be commissioned by the project approval department within three working days from the date of receipt of the project request report.
The advisory assessment body entrusted should submit an assessment report within the prescribed time frame and be responsible for the evaluation findings. In the assessment of the advisory assessment body, the project declaration unit should be presented as such.
The approval of the Article 33 project shall take the decision of approval within six working days from the date of receipt of the report on the project. The approved document was not approved for the reasons for the written statement.
The project approval sector could not make approval decisions within six working days and, with the approval of the head of the sector, could be extended without a maximum of six working days; the project approval department should communicate the approved decision to the project declaration unit and explain the reasons.
When the project approves that the consultant assessment, requests for public advice and expert review, each working period shall not exceed 30 working days for a maximum period of time; the time required is not calculated within the time frame set out in the previous paragraph.
Article 34 projects already approved, with one of the following cases, should be subject to a change application and related change certificate to the approval services of the original project:
(i) Changes in the place of construction;
(ii) Changes in the authority of the investor or the Prosecution Unit;
(iii) Changes in key construction content and major products;
(iv) Total investment amounts to more than 30 per cent of previously approved investment;
(v) Other circumstances in which changes are required by law, legislation or industrial policies.
The original project approval cell shall be closed within six working days from the date of receipt of a change application.
Article XV project declaration units have not been constructed within two years from the date of the approval of the project, and the original project approval sector may write off the approval decision.
For projects that still need to be constructed, the project declaration unit shall, prior to 30 working days of the end of two years, make reasonable reasons for the suspension and apply for the extension of the original project approval sector.
The original project approval cell shall respond within three working days; the decision may be extended appropriately for up to six months.
The third-sixth project declaration unit is governed by the project approval document and is governed by the law by the granting of confirmations such as urban planning, land use, resource utilization and related tax reductions.
The administrative authorities, such as urban planning, land resources, shall not be subject to other relevant procedures that may be processed by the approval of the project approved by the project approval department or notwithstanding the declared but not approved projects.
Article 37 requires the publication of projects approved by the State and the province, and their project requests are approved by the municipal project approval department within five working days.
Items in chapter IV
Article 338, in accordance with the relevant provisions of the State, implements a record-keeping of business investment projects within the scope of the investment project approved by the Government of Harhama.
In addition to the enterprise investment projects that should be made available to the State or to the relevant departments in accordance with the relevant provisions, the project unit should provide the project construction area, the district (community) desk case.
Article 40 project units shall conduct project clearances prior to the start of the project, such as the filing of an application for the investment project in the city of Hara and a copy of the business licence and its copy thereof.
The application form should include the basic business situation, the basic situation of the project, and the investment of the project.
A project back-to-back project by the 40 project reserve sector should be made available at the time of the submission and be made available to the project unit; projects that are incomplete or need to clarify matters should be communicated to the project unit to supplement the relevant material or to clarify the facts.
Article 42 projects that have been processed, and significant changes in the delivery of investment subjects, project products or major construction elements, should be re-approved to the original sector in a timely manner.
The enterprise investment project, which has been submitted but has not been initiated, should be reapproved in accordance with the provisions of this approach, as a result of changes in the investment project sheet approved by the Government of Hara.
Article 44 reproduces the need to enhance the collation, collation and analysis of the enterprise investment project reserve materials and to regularly inform relevant information to the parent authorities.
Chapter V Legal responsibility
Article 42 Government investment project declaration units, in violation of this approach, have one of the following acts, either by the municipal development and reform of administrative authorities or other relevant departments, which may be converted to government funds by means of reduction, recovery or cessation of the disbursement of funds in accordance with the management authority period; and, in serious circumstances, the suspension of project construction or the suspension of the approval of new project units:
(i) Provision of false circumstances to deceive Government funds;
(ii) Transfer, appropriation or misappropriation of funds for construction;
(iii) Excellence to scale up project construction or change project construction.
Article 46 - Enterprise investment projects or foreign investment project declaration units violate the provisions of this approach, with one of the following acts being treated and punished by law by the project approval department:
(i) To apply for approval and without application for approval, to put an end to construction and impose a fine of up to €50 million and to impose a period of time for projects consistent with the approved conditions;
(ii) In the absence of an application for the construction or conversion of a change, as required by the project approval document, and the imposition of a fine of up to 10,000 dollars;
(iii) Access to project approval documents, such as the destruction of sub-item and the provision of false material, by law, to the approval of the project without the proceeds of the conflict, with a fine of up to 20,000 dollars in violation; and a fine of up to 50 million yen.
Article 47: The enterprise investment project unit violates this approach by one of the following acts, being modified by the time limit for the project desk sector; the period of time has not been changed and fines for 2000:
(i) The project file should be carried out without presentation;
(ii) The process of processing has resulted in significant changes in investment subjects, project products or key construction elements in the course of implementation, without reproducing requests;
(iii) No construction in accordance with the content of the project.
Article 48 quantifies, design or assessive institutions for misappropriation of concluding observations, which are seriously misleading by the municipal development and reform of the administrative authorities or other relevant departments, where serious penalties are imposed for five times the proceeds of the project, with a maximum of 50,000 dollars; liability under the law for the loss of the project; and criminal liability.
The 47th Project Approval, Approval and Approval Department and its staff are one of the following acts in the process of approval, approval and preparation of the project and are converted by their offices, superior authorities or inspection bodies, to inform the principal and direct responsible persons and to be disposed of by law; constitute a crime, and to hold criminal responsibility under the law:
(i) In accordance with the conditions for approval, approval and approval shall be subject to approval, approval and approval;
(ii) Approval and approval incompatible with approval, approval;
(iii) beyond the time frame for approval and approval;
(iv) Approval of projects that go beyond the scope set out in the Investment Project List approved by the Government of Harhama;
(v) Failure to submit the full-fledged project in a timely manner;
(vi) The use of the job for the benefit of the unlawful;
(vii) Other acts in violation of laws, regulations and regulations.
Annex VI
Article 50
Fixed asset projects, such as utilities, social groups and non-enterprise units, which use non-governmental funding investment in construction, are implemented in the light of the approval of the enterprise investment project of the scheme or the request.
Article 50 is implemented effective 1 January 2008.