Interim Measures For The Approval Of Enterprise Investment Projects In Shanxi Province

Original Language Title: 山西省企业投资项目核准暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(December 27, 2005, Shanxi province people's Government at the 64th Executive meeting on January 12, 2006, 185th in Shanxi province people's Government promulgated as of March 1, 2006) Chapter I General provisions article to promote the reform of investment system, standardize the management of the enterprise's investment project, strengthening and improving macro-control, according to the People's Republic of China on administrative licensing law, decisions of the State Council on the reform of investment system, combined with the facts of the province, these measures are formulated. Second investment project within the administrative area of the province approved procedures apply.
    Foreign investment projects and foreign investments and foreign loans in accordance with other relevant provisions.
    Enterprise investment projects referred to in this way do not use government funds invest in Shanxi province, belong to the catalogue of approval of enterprise investment projects (hereinafter referred to as the catalogue, see annex) listed in the project.
    Third investment departments in charge of enterprises above the county level people's Government investment project approval and supervision.
    Government investment authorities mentioned in these measures refers to the people's Governments above the county level development and Reform Committee (development planning) and enterprise technical transformation investment management functions of the Economic Commission (economic and Trade Bureau).
    Chapter project application report and the preparation of the fourth company listed in the catalogue of investment and construction projects, project application report shall be compiled. Project application report should be prepared by the institutions with appropriate engineering consultation qualification.
    Projects approved by the provincial people's Government investment authorities, the project application report should be prepared by the class b engineering consultation qualification of the above institutions, with a total investment of 200 million Yuan or more projects should be prepared by the class a consulting qualified institutions. Fifth article project application report should main including following content: (a) project declared units situation; (ii) intends built project situation; (three) intends construction with to and related planning; (four) resources using and energy consumption analysis; (five) ecological environment effect analysis; (six) economic and social effect analysis; sixth article enterprise investment construction directory in the by column project of, should to government investment competent sector submitted project application report a type 5 copies, and attached following file or information: (a) city planning administrative competent sector issued
    Of city planning views; (ii) land resources administrative competent sector issued of with to pre views; (three) environmental protection administrative competent sector issued of environment effect evaluation report of approval views; (four) by provides must tender of project, should attached tender preliminary programme; (five) construction project need take with groundwater of, should issued take water pre application approved file; (six) legal, and regulations provides should submitted of other file or information.
    Project company should be responsible for the authenticity of all application materials.
    Chapter approval procedure article seventh relevant State Council departments in charge of industry enterprises in the province under the investment construction projects should be approved by the relevant competent departments of the State Council, plans to separate groups and central management of enterprises in the province should be approved by the investment Department of investment and construction projects at the time of submission of the project application report, shall be attached to provincial government investment authorities.
    Other companies should be approved by the investment Department of investment and construction projects, shall be subject to provincial government investment authorities and comments in the first instance, reporting to the investment Department under the State Council submit project applications (Enterprise technical modification against the project by the provincial economic committee jointly with the provincial development and Reform Commission report).
    Eighth provincial enterprise investment construction projects should be approved by the Department of provincial investment, you can directly submit project application report to the provincial people's Government investment authorities, and local district authorities of municipal people's Government investment advice.
    Other investment projects should be approved by the Department of provincial investment shall be subject to local district authorities of municipal people's Government investment advice in the first instance, and submit project application report to the provincial government investment authorities.
    Enterprise investment and construction shall be approved by the district authorities of municipal people's Government investment projects shall be approved by the project authorities of people's Governments at the County investment advice in the first instance, and the district authorities of municipal people's Government investment project application report submitted. Nineth investment authorities accepts the application for enterprise project report, it shall issue a written notice of acceptance; inadmissible, shall state the reasons in writing.
    Application materials are incomplete or do not comply with the relevant requirements, and shall issue a one-time written notice on the spot.
    Article tenth project application report on needs assessment, competent authorities shall accept government investment project application report within 3 working days from the date of commissioning a qualified advice for assessment.
    Entrusted to an advisory body should be liable for the assessment. 11th on the public interest implications of a major project, government authorities at the time of review should be open for public comment.
    If necessary, may appoint an expert review.
    12th government investment authorities shall review the project application report, as other functions of the competent authority, it shall seek the views of the departments concerned.
    Relevant departments shall receive letters of comment (report of project application report) within 7 working days from the date, written comments to departments of government investment; fails to submit a written opinion, agrees. 13th government investment authorities should be accepting project applications within 15 working days from the date of the report and make a decision on whether, or to invest in the higher levels of government departments set out its preliminary comments. Due to special reasons, it is difficult to make an approval decision within 15 working days, approved by the head of this body, can be extended by 10 working days and shall promptly notify the Declaration enterprise, extension reasons stated.
    Departments of government investment in the time allotted does not make a decision on whether to approve, nor timely written notice to the project company is deemed approved.
    Government investment Department commissioned assessments, expert review or consultation with the public, not counting the time required within the period specified in the preceding paragraph.
    For approval of enterprise investment projects, government departments should be announced to the public.
    14th for approval of enterprise investment projects should be reported to the project project approval documents issued by the company, with a copy to the relevant departments and projects Department of first instance; for items that are not approved, government departments should report presented to the project not to approve decisions, give reasons for their disapproval, with a copy to the relevant departments and projects Department of first instance.
    Fourth chapter approved content and the effectiveness 15th article government investment competent sector main according to following conditions on intends built project for review: (a) meet legal, and regulations and regulations of about provides; (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 and this province industry structure adjustment of requirements; (four) area layout reasonable; (five) main products not on domestic market formed monopoly;
    (F) did not affect the national and economic security in the province, (VII) rational development and effective use of the resources; (VIII) effective protection of ecological environment and natural and cultural heritage, (I) is not in the public interest, in particular construction projects where significant adverse effects on the public interest.
    Article 16th project enterprise based on project approval documents, in accordance with the law on land use, resource use, urban planning, safety, equipment imports and tax deductible confirmation procedures. Article 17th project approval document is valid for 2 years from the date of approval. During the term of approval documents does not start construction, project Enterprise shall, on the expiry of the approval documents before 30th extension to departments of government investment, government departments should be made before the expiry of the approval document the decision whether or not to grant an extension.
    Not start construction within the validity of the approval documents does not apply to departments of government investment deferred, the original project approval files expire automatically. 18th already approved projects, projects approved by the enterprise if the project file provided adjustment of the contents shall promptly report in writing to the competent government departments.
    Government departments should be adjusted according to the project's specific circumstances, issue a written opinion or request it again for approval.
    Article 19th of investment shall be submitted to the Government authorities approved the 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 lend, enterprises shall not commence construction.
    Government Department shall, in conjunction with the town planning, land resources, environmental protection, banking supervision, safety, inspection of major project sectors, strengthen the supervision of investment projects.
    Fifth chapter legal liability article 20th project enterprise invested by Government disagrees with the decision on approval of the competent Department, administrative reconsideration or administrative proceedings in accordance with law.
    Staff article 21st government investment authorities, 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.
    Article 22nd Advisory evaluation agencies in the assessment process in violation of the relevant provisions, issue a false report, it shall bear the corresponding legal responsibility.
    23rd project enterprises to provide false materials or other improper means to obtain project approval documents, government investment authorities should revoke the decision on approval of the project and shall be investigated for legal responsibility.
    24th article violates these rules, investment project approval to start construction without government investment authorities, and is not in accordance with the requirements of the project approval documents for construction, investments by the Government authorities ordered to stop construction, and can be fined a maximum of 30,000 yuan and constitutes a crime, criminal liability shall be investigated for their responsibilities. The sixth chapter supplementary articles

    25th public institutions, social groups and other units within the catalogue of investment and construction projects, in accordance with the measures approved.
    26th article of the rules take effect on March 1, 2006.
    Annex: list of approval of enterprise investment projects annex, Shanxi Province: Shanxi province, list of approval of enterprise investment projects (2004) a brief description of: (a) under the State Council on reform of the investment system decision of this directory.
    This directory is within the administrative region of this province the Government investment project approved by the competent authorities.
    (B) items listed in this directory, refers not to use government funds to invest in the important and restricted fixed asset investment projects.
    (C) the investment of the directory specified by the provincial authorities, district municipal investment projects approved by the competent authority, the approval authority may not be delegated.
    According to the need to promote economic development and the actual situation of different sectors, provincial enterprises investment decision-making authority can be specifically authorized.
    Districts of the city and County investment authority investment project approval authority, by the district head of municipal investments departments in accordance with the actual situation of the area, determine for itself.
    (D) must be reported to the State Council investment projects approved by the State Council promulgated by the competent Department of the list of Government-approved investment projects (2004).
    (E) measures for foreign investment, foreign investment approved separately. (Vi) the list for 2004.
    Change according to the circumstances, will be adjusted.
    Agriculture, forestry, water agriculture: the involved land reclamation project approved by the provincial people's Government investment authorities.
    Reservoir: Cross River reservoir project and the total capacity of more than 50,000 cubic meters of projects approved by the provincial people's Government investment authorities, remaining projects invested by the city divided into districts and county authorities for approval.
    Other water projects: projects related to the water resources allocation approved by the provincial people's Government investment authorities, remaining projects invested by the city divided into districts and county authorities for approval.
    Second, energy (a) power hydroelectric power station 250,000-kilowatt, the following projects approved by the provincial people's Government investment authorities.
    Thermal power stations: in addition to coal-fired projects, approved by the provincial people's Government investment authorities.
    Wind power: the total installed capacity of 50,000-kilowatt the following projects approved by the provincial people's Government investment authorities.
    Power engineering: 330,000 volts the voltage level of the power project approved by the provincial people's Government investment authorities.
    (B) the coal mines: countries outside the planned mining area coal development project approved by the provincial people's Government investment authorities.
    Coal Liquefaction: annual production capacity of 500,000 tonnes in the project approved by the provincial people's Government investment authorities.
    (C) oil and liquefied natural gas receiving, storage facilities (excluding oil and gas, refinery project) approved by the provincial people's Government investment authorities.
    Gas transmission network (excluding oil and gas gathering pipeline network): annual gas transmission capacity of 500 million cubic metres the following projects approved by the provincial people's Government investment authorities.
    Third, transport (a) the railway new (additional) railways: the province within 100 km of the following provincial project approved by the provincial people's Government investment authorities.
    (B) highway roads: National Highway network other than the highway, outside of the inter-provincial and national trunk highway, provincial and other toll roads as well as cross-city highway project approved by the provincial people's Government investment authorities, remaining projects invested by the city divided into districts and county authorities for approval.
    Independent highway bridges and tunnels: outside the inter-provincial, length 100 meters or involved, coordination of projects approved by the provincial people's Government investment authorities, remaining projects invested by the city divided into districts and county authorities for approval.
    (C) the expansion of civil aviation airports: a total investment of 1 billion yuan in provincial project approved by the provincial people's Government investment authorities.
    Four, raw materials, iron and steel: size of proven commercial reserves of 50 million tons of iron ore development project approved by the provincial people's Government investment authorities.
    Color: a total investment of 500 million yuan in mine development project approved by the provincial people's Government investment authorities.
    Fertilizer: phosphate fertilizer project and an annual output of 500,000 tons potash fertilizer project approved by the provincial people's Government investment authorities.
    Cement: in addition to prohibited items, approved by the provincial people's Government investment authorities.
    Re: a total investment of 100 million yuan of rare earth processing projects approved by the provincial people's Government investment authorities.
    Gold: 500 tons of mining ore project approved by the provincial people's Government investment authorities.
    Five tobacco pulp, light: 3.4 (inclusive)-10 million tonnes (excluding) million tonnes of paper pulp project approved by the provincial people's Government investment authorities, banned construction of other pulp project.
    Sugar: daily processing 1500 tons of sugar project approved by the provincial people's Government investment authorities, other sugar-prohibition of the construction of the project.
    Six, construction of urban water supply: 500,000 tons/day following TRANS-city water diversion project or more than 10,000 tons/day of water supply project approved by the provincial people's Government investment authorities, remaining projects invested by the city divided into districts and county authorities for approval.
    Municipal solid waste incineration and hazardous waste treatment project approved by the provincial people's Government investment authorities.
    Wastewater treatment: daily processing capacity of 50,000 ton project approved by the provincial people's Government investment authorities, and others approved by the district authorities of municipal people's Government investment.
    City life garbage disposal: daily processing capacity of 200 tons or more project approved by the provincial people's Government investment authorities, and others approved by the district authorities of municipal people's Government investment.
    Affordable housing investment by the Province Government departments for approval. The ordinary commodity housing: more than 100,000 square meters of residential project approved by the provincial people's Government investment authorities.
    Investment in remaining districts of the city and county authorities for approval.
    Other real estate project invested by the provincial authorities for approval.
    Other city construction projects by the districts of city and County investment approved by the competent authority. VII social programs in education, health, culture, sports, radio, film and television, social work project: City of University City, medical and other Park projects of provincial projects and a total investment of more than 100 million Yuan project approved by the provincial people's Government investment authorities.
    Other projects based in city and county level Governments investment approved by the competent authority.
    Tourism: national and provincial key scenic spots, nature reserves, key cultural relics protection units in the region with a total investment of 10 million Yuan and 50 million Yuan (not including) tourism development and resource protection facilities, the world natural and cultural heritage protected areas with a total investment of 10 million Yuan and 30 million Yuan (not including) project approved by the provincial people's Government investment authorities.
    Eight foreign investment the catalogue for the guidance of foreign investment industries and catalogue of priority industries for foreign investment in the Central and Western region in the total investment (including capital) over $ 50 million and $ 100 million (not including) encouraged, that allow such projects, US $ 50 million (not including) limit the project approved by the provincial people's Government investment authorities.
    Total investment (including capital) under $ 50 million to encourage, that allow such projects from the area of municipal and County investment approved by the competent authority; Taiyuan enjoys a total investment of 100 million dollars to encourage such project approval authority.
                                            Nine, China invested 30 million US dollars of overseas investment to the following (not included) resource development overseas investment projects, Chinese investment in foreign exchange amounts below $ 10 million (not including) non-resource investment projects approved by the provincial development and reform Department.

Related Laws