Advanced Search

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

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted by the 43rd Standing Committee of the People's Government of Southern West Province on 12 April 2006 No. 145 of the People's Government Order No. 145 of 14 April 2006)

Chapter I General
In order to adapt to the needs of the socialist market economic system, the reform of the enterprise investment project management system is further advanced, in line with the National People's Republic of China's Administrative Writing Act and the State Department's decision on the reform of the investment system, to develop this approach in the light of the actual needs of the province.
Article 2
External investment projects and approval options for external investment projects have been developed separately.
In accordance with the Government-approved portfolio of investment projects issued by the Department of State, the Government of the Province has developed a directory of investment projects approved by the Government of the Province (see annex), which expressly approves the scope of projects and delineates the approval authority of the project approval authority. It is necessary to adapt in due course, to be implemented by the approval authority of the Provincial People's Government project to request approval by the Provincial Government.
Article IV. The project approval body referred to in this approach refers to administrative authorities and economic trade administration authorities at the district level that have developed reforms (plans).
Investment projects in the basic construction category of enterprises are approved by the executive authorities of the development reform (plan); investment projects in the enterprise technology adaptation category are approved by the economic trade administration authorities and are required to be presented to the Department of State or the investment authorities of the Department of State or to be sent jointly by the provincial economic trade administration authorities to the provincial development reform administrative authorities.
Article 5 The project approval authority should be approved by law and enhanced oversight.
The approval of the project and its staff should strictly implement the provisions of the law, legislation and this approach, without any change in the approval of the matter without delay.
Article 6.
Chapter II
Article 7 project declaration units shall submit to the Project Approval Body five requests for project approval.
The following shall include:
(i) The basic situation of the project declaration unit;
(ii) The proposed construction project;
(iii) Building land and related planning;
(iv) Resource utilization and energy consumption analysis;
(v) Ecological environmental impact analysis;
(vi) Economic and social impact analysis;
(vii) Other provisions of laws, regulations and regulations.
The Article 8 project application report shall be prepared by a body with a corresponding qualifications for engineering advice, in accordance with the following provisions:
(i) The projects approved by the Department of State or by the Investments Authority of the Department of State shall be prepared by an institution that has the qualifications to be consulted at the level of work;
(ii) The project approved by the Provincial People's Government Project Approval Body shall be prepared by the body with qualifications for engineering advice above;
(iii) The project approved by the Government of the city, the district (zone) Project Approval Body shall be prepared by the body with qualifications for engineering advice above.
The laws, regulations or regulations provide otherwise, from their provisions.
The project declaration units should also be accompanied by the following documents when submitting the project approval report to the project approval body.
(i) Approval of environmental impact evaluation documents by the environmental protection administration authorities;
(ii) Pretrial advice from the territorial resource administrative authorities;
(iii) Urban planning advice from urban planning authorities;
(iv) Other documents to be submitted by law, regulations and regulations.
The Article 10 project declaration unit shall be responsible for the authenticity of all the content of the declaration.
Chapter III Approval process
Article 11. The approval of enterprise investment projects shall be submitted to the appropriate project approval bodies, as set out below:
(i) Investments in enterprises (other than central ones) are approved by the Department of State or by the Investments Authority of the Department of State, which shall submit a report on the application of the project to the approval body of the Government's project approval authority, which shall be sent to the State's investment authorities by first instance and with the advice of the project approval authority.
(ii) Enterprise investment projects approved by the Provincial People's Government Project Approval Body should be submitted to the Project Approval Body of the People's Government Project Approval of the project area at the location of the project, which is submitted to the provincial government project approval authority after the first instance and with the advice of the project approval authority; and the provincial treasury may submit a project application report directly to the provincial government project approval authority.
(iii) The project approved by the Project Approval Body of the People's Government of the Region shall submit a project application report to the approval body of the project at the district-level government project at the location of the project and the approval authority of the county-level government project shall be sent to the approval authority of the project of the People's Government of the communes, which may directly submit the project approval authority for the project.
(iv) Enterprise investment projects approved by district-level government project approval agencies should be submitted to project approval authorities at the district level of the project site.
After receipt of the project requests by the project approval authority and other declaration materials, a formal review shall be carried out from the following:
(i) Does not fall within the scope of approval (first instance) by the approving authority of the project;
(ii) Whether the project request for the preparation of the report is eligible accordingly;
(iii) Whether the declaration is complete;
(iv) The compatibility of the declaration material with the prescribed format;
(v) It is in compliance with the provisions of the law, regulations or regulations.
Approval requests by the Project Approval Body for the project declaration units shall be processed in accordance with the following circumstances:
(i) The declared enterprise investment project shall not be approved by law and shall be communicated to the project declaration unit at any time;
(ii) The declared enterprise investment projects are not within the terms of reference of this body, and should be made inadmissible, and inform the project announcement units to apply to the project approval authority;
(iii) The project declaration material should be reviewed in a form that does not meet the requirements and should be communicated to the project declaration unit within five working days after receipt of the project declaration;
(iv) The project declaration material should be considered in a form consistent with the requirements.
The approval of the project by the approval body of the project or inadmissibility of the approval of the application shall be presented in a copy of the chapter of the Gayi organ and a written certificate indicating the date indicated.
The Article 14. Project Approval Body considers that the project approved is necessary for an assessment by the Advisory Body and should be entrusted with an assessment of the eligible advisory body within five working days of the receipt.
The mandated advisory body shall submit an assessment report within the time specified by the project approval body and assume responsibility for the evaluation findings. In the assessment of the advisory body, the project declaration units may be requested to provide clarifications on the issues.
In the course of the approval of the review by the Article 15 Project Approval Body, the views of the relevant sectors should be sought if the functions involved in other industry authorities.
The relevant departments should submit written clearances to the project approval body within seven working days of receipt of the request for advice (with the accompanying project application report) and the written review of the views of the late outstanding written review.
In carrying out the approval review, the project approval authority should seek public advice, including hearing, on projects that may have a significant impact on the public interest; expert review systems could be applied for special projects.
The Article 17 project approval authority shall, within 20 working days of the date of receipt of the report on the project, make decisions on whether the project application is approved and made available to society, or make a review opinion to the parent project approval body. A decision cannot be taken within 20 working days and, with the approval of the head of the organ, 10 working days may be extended and a written notification of the project declaration unit is made to the reasons for the extension.
The project approval authority entrusts the advisory assessment, requests for public opinion and expert review with the time required to do not count within the period specified in the preceding paragraph, but shall communicate the project declaration unit in a timely manner.
Article 18, for the approval of an enterprise investment project, the project approval authority shall send an approval document to the project declaration unit and transmit to the relevant departments and sub-project approval bodies.
With respect to the approval of the enterprise investment project, the project approval authority should send a non-approval document to the project declaration unit indicating the reasons for non-approval and to the relevant departments and sub-project approval bodies.
The project approval authorities at all levels of Article 19 should establish a sound project approval system that will guide social investment through media such as networks, newspapers and others.
Chapter IV Approval of content and effectiveness
The project approval authority reviews the project in accordance with the following conditions:
(i) In accordance with national legislation, regulations;
(ii) In line with national economic and social development planning, industrial planning, industrial policy, industrial access standards and overall land-use planning;
(iii) In line with national macro-controlled policies;
(iv) A reasonableness in the area;
(v) Major products do not monopoly on domestic markets;
(vi) Failure to affect national economic security;
(vii) A rational development and effective use of resources;
(viii) Effective protection of the ecological environment and natural cultural heritage;
(ix) There is no significant adverse impact on the public interest, particularly on the project-building area.
The Article 21 project declaration unit is based on project approval documents by the project approval body to deal with procedures such as land use, resource use, urban planning, safe production, importation of equipment and tax exemptions under the law.
The valid period for the approval of the project under article 22 is 2 years, which is calculated from the date of publication.
The enterprise investment project has not started during the valid period of the approval of the document, and the project declaration unit needs to continue to build, and should apply for the continuation of the approval authority of the original project by 30 years of the valid date of the approval of the document, and the original project approval authority shall make a decision to grant continuity until the valid expiry of the approved document.
Article 23 already approved projects, if required, should be adjusted to the content specified in the approved documents, the project declaration units should report to the original project approval body in writing. The original project approval authority shall, in accordance with the specific circumstances of the project adjustments, make written confirmations or request them to reproduce the approval process.
Article 24 states that:
(i) The project approved no longer two years of construction;
(ii) The subject of the project declaration unit shall be terminated by law;
(iii) Other cases to be cancelled by law, legislation and regulations.
Article 25 does not declare a declaration of approval or, although declared but not approved projects, national land resources, environmental protection, urban planning, quality supervision, securities regulation, foreign exchange management, safe production control management, water resources management, customs, etc. may not be issued by financial institutions.
Chapter V Legal responsibility
Article 26 project approval by staff of the organs of the executive branch in the course of project approval, abuse of authority, play or favouring private fraud, is subject to administrative disposition by law, constituting an offence and criminal responsibility by law.
Article 27 provides administrative disposal by the competent and direct responsible persons in accordance with the law, environmental protection, urban planning, quality supervision, safe production supervision, management of water resources management, and their staff members, in violation of the relevant procedures established by this provision; and criminal liability by law.
Article 28 Advisory assessment bodies and their staff, in violation of technical norms in the course of the assessment, resulting in significant losses and adverse impacts, are held in accordance with the law.
The approval of the project by the project approval authority may be revoked by law by the project declaration unit of the twenty-ninth project to obtain the project approval document without undue means, such as the dismantling of sub-item and the provision of false material.
Article 33 project approval authorities should strengthen the regulation of enterprise investment projects with sectors such as urban planning, land resources, environmental protection, banking regulation, safe production monitoring. With respect to projects that should be declared approved without the declaration of approval or which have not been authorized for self-launching, as well as those that have not been established as required by the project approval document, the corresponding project approval body should immediately cease its construction and be held in accordance with the law and administrative responsibility of the responsible person.
Annex VI
An investment project in the construction of the Investment Project List approved by the Government of the Province of Yangi was approved in accordance with this approach in the form of an enterprise unit, such as social groups.
Article 32 is implemented since the date of publication.

Annex: Catalogue of investment projects approved by the Government of the province (2006 present)
Summary statement:
(i) The directory is based on the Government-approved Investment Project (2004b).
(ii) The directory of investment projects approved by the Government (2004b) issued by the Department of State explicitly approved by the National Development Reform Commission and the Department of State for the first instance by the Provincial Development Reform Commission or the provincial Development Reform Commission; Enterprises do not use the directory of the Government-approved Investment Project (2004b) and projects other than the directory, which are administered in addition to national legislation and projects specifically mandated by the Department of State to prohibit investment.
(iii) The national legislation and the State's approval or approval of projects specifically mandated by the State Department shall be carried out in accordance with the relevant provisions.
(iv) The projects listed in this section are approved by the Government's investment authorities (Development Reform Commission and AC) by division of labour. The section provides for the project “approved by the commune, district-level government approval authority”, whereby the commune government may decentralize the authorization authority of the district and district-level government approval authorities in accordance with local circumstances and the nature of the project.
(v) The present directory is 2006. Based on changes in circumstances, the directory will be adjusted as appropriate.
Agroforestry
Agriculture: A project involving a desert was approved by the provincial Government's investment authorities.
Water bank: The water bank project on the inter-provincial rivers is approved by the Investments Authority of the Department of State, and the water bank projects across the urban rivers and other medium-sized water banks are approved by the provincial Government's investment authorities, and the remaining projects are approved by the investment authorities of the local government.
Other water works: projects that require central government coordination related to the adaptation of water resources across provinces are approved by the Department of State investment authorities, and other water engineering projects across the urban area are approved by the Ministry's Government investment authorities, and the remaining projects are approved by the investment authorities of the local government.
Energy
(i) Electricity.
Electricity station: The construction of projects and the total fleet of 250,000 kwa and above in major rivers was approved by the Department's investment authorities and the remaining projects were approved by the provincial government investment authorities.
pumping power stations: approved by the Department of State investment authorities.
Fire power station: approved by the Department of State investment authorities.
Horizon: The fuel coal project was approved by the State's investment authorities and the remaining projects were approved by the provincial Government's investment authorities.
wind power station: 5,000 kwa and more projects are approved by the Department's investment authorities, and the remaining projects are approved by the provincial government investment authorities.
Nuclear power station: approved by the Department of State.
ITU works: 330 Voice and above electric power pressure levels are approved by the Department of State investment authorities, and the remaining projects are approved by the provincial government investment authorities.
(ii) coal.
coal mine: The National Planning for Coal Development project in the mined area was approved by the Investments Authority of the Department of State and the remaining general coal development projects were approved by the Government's investment authorities.
Hydrohydration: The 500,000 tons and over-year-year-old projects were approved by the Investments Authority of the Department of State, and other projects were approved by the provincial government investment authorities.
(iii) Oil, gas.
crude oil: A 1 million tons of year's new oil field development project was approved by the Department of State investment authorities, and other projects were decided by businesses with the power to extract oil and reported to the Department's investment authorities.
Natural gas: The 20 billion cubic metres and the above-mentioned new field development projects were approved by the Department of State investment authorities, and other projects were decided by businesses with the power to extract natural gas and were presented to the Department's investment authorities.
Hydrocarbon receipt, storage facilities (less oil fields, refineries): approved by the Provincial Government Investment Authority.
The importation of natural gas receives, storage facilities: approved by the State's investment authorities.
National crude oil storage facilities: approved by the Department's investment authorities.
Location networks (non-consistance of oil field pipelines): cross-protected gateways projects are approved by the Department of State investment authorities.
The Transmission Network (non-oil field network): 50 billion cubic metres and over-year gas capacity are approved by the Department of State investment authorities and the remaining projects are approved by the provincial government investment authorities.
Transport
(i) iron.
New (increase) railways: over 100 km and above are approved by the Investments Authority of the Department of State, and the remaining projects are approved by the Department of State's industry authorities or by the provincial government investment authorities, respectively.
(ii) Highway.
Highway: national gateline, National Highway Network, Cross-British Project approved by the Department's investment authorities, the provincial Highway network, the NLNL, the Principal Highway, the charge roads, 100 kilometres and above, and the three-tier highway projects in the city of Cross-Sectoral municipalities are approved by the Provincial Government Investment Authorities and the remaining projects are approved by the Investment Authority of the Region, the District-level People's Government.
The project on independent road bridges, tunnels: cross-gang Rivers (commercials) was approved by the State's investment authorities, 300 m and above, and over the main rivers in the province and above, the overall investment of over 2,000 cubic bridge projects and the medium tunnels and the tunnels over and above, approved by the Provincial People's Investment Authority, and the remaining projects were approved by the investment authorities of the host city, the district level.
(iii) Water transport.
coal, minerals, oil-specific parks: 2 million tons of new construction areas and over-year transmission capacity are approved by the Department of State investment authorities, and the remaining projects are approved by the provincial government investment authorities.
Container-specific terminals: approved by the Department of State investment authorities.
River shipping: more than tens of thousands of cruise buildings are approved by the Investments Authority of the Department of State, while the V- and above-away trajectory projects are approved by the Provincial People's Government Investment Authority and the remaining projects are approved by the Investments Authority of the Municipalities.
(iv) Civil aviation.
New airport: approved by the Department of State.
Airport expansion: The total investment of $1 billion and the above projects are approved by the Investments Authority of the Department of State, and the remaining projects are approved by the Department of State Department of Economics and Government investment authorities.
Expansion of civilian airfields: approval by the State's investment authorities with the relevant military components.
Information industry
Telecommunications: In-country dry-line transmission networks (including radio television networks), international telecommunications transmission channels, international gate stations, specialized telecommunications networks international communications facilities and other telecommunications infrastructure projects related to information security are approved by the Department of State investment authorities.
Postal: International Gulogan and other postal infrastructure projects that address information security are approved by the Department of State investment authorities.
E-information products production projects such as satellite TV reception machines and key components, mobile communications systems and end-users, approved by the Department of State investment authorities.
Outputs
steel: 50,000 tons of industrial reserves and more sizeable steel, steel, refrigeration projects are approved by the Department of State investment authorities and other iron mining development projects are approved by the provincial government investment authorities.
There is a sense that the new productive capacity-building package, the new Aluminium project and the total investment of $500 million and more mined development projects are approved by the Department's investment authorities and other mined development projects are approved by the provincial government investment authorities.
stoning: new oil refinery and the expansion of a refinery project, new vinyl and new capacity to expand beyond the production of 20,000 tons of vinyl in the year, approved by the Department of State investment authorities to re-establish new capacities not exceeding the production of 200,000 tons of vinyl in the year, and approved by the Provincial People's Investment Authority.
Chemical materials: new PTA, PX, MDI, TDI projects, and PTA, PX adaptation capacity exceeding 10,000 tons of annual production, approved by the Department of State investment authorities, PTA, PX adaptability capacity does not exceed 1 million tons of annual production, approved by the Provincial People's Investment Authority.
fertilization: The 500,000 tons of year and more potassium fertilization project was approved by the State's investment authorities, and other phosphate and potassium fertilization projects were approved by the local and district-level government investment authorities.
cement: In addition to the prohibition of the type of project, approval by the provincial Government's investment authorities.
Fewland: Drylands development, smelting and total investment of €1 billion and over-large processing projects were approved by the Department's investment authorities, and the remaining rare processing projects were approved by the provincial government investment authorities.
gold: The five-tons and above-mentioned projects were approved by the Investments Authority of the Department of State, and other options were approved by the Government's investment authorities.
Mechanization
Vehicles: implementation in accordance with the specific provisions approved by the Department of State.
Ship: The construction of more than 10,000 tons of ship facilities (coups, ship repairs) and civilian vessels, low-fair diesel machine production projects were approved by the Department of State's investment authorities, and the construction of 10,000 tons of ship facilities ( vessel terminals, ship yards) was approved by the provincial Government investment authorities.
Urban orbital traffic: urban orbital transport vehicles, signal systems and trigger control systems manufacturing projects approved by the Department of State investment authorities.
Tobacco
paper pulp: 10,000 tons and more paper pulp projects were approved by the Investments Authority of the Department of State, and the production of 3.4 million tons - 10 (non-considered) metrics project was approved by the Government's investment authorities of the province and other paper pulp projects prohibit construction.
Transsexual fuelol: approved by the Department of State Investment Authority.
Cotton: 300 tons and above are approved by the Investments Authority of the Department of State. The following 100 (concluded) tonnes - 300 (non-concluded) tons were approved by the Ministry's Government's investment authorities, and the remaining were approved by the district and district-level government investment authorities.
Recreation: approved by the Department of State investment authorities.
sugar: The 1,500 tons of sugar and more projects processed on the day were approved by the provincial Government's investment authorities and other sugar projects prohibited construction.
Tobacco: smoking, cigarettecetic fibres and stereotyped projects are approved by the Department of State investment authorities.
High-level new technologies
Civil aviation space: civilian aircraft (including helicopters) manufacture, civilian satellite manufacture, civilian remote sensing satellite ground station construction projects approved by the Department of State investment authorities.
Urban construction
Urban rapid orbital traffic: approved by the Department of State.
Urban water supply: 500,000 tons of water and more than 500,000 tons of water from the provincial day were approved by the Department of State investment authorities, and 200,000 tons of water from across the urban area and above were approved by the provincial Government investment authorities. The water supply of 200,000 tons (non-concluding) is approved by the investment authorities of the urban, district-level people.
Urban road bridges: bridges across the Great River (Term para.) and tunnel projects are approved by the Department of State investment authorities and are approved by the provincial government investment authorities.
Sewerage treatment: The 100,000 tons of wastewater and the above-mentioned projects were approved by the Provincial Government's Investment Authority and other projects were approved by the Government's investment authorities in the area.
garage treatment: 3 million cubic metres and more of the total treasury projects were approved by the provincial Government's investment authorities, and the remaining projects were approved by the local government investment authorities.
Inflation: the 100,000 cubic metres and the above-mentioned projects were approved by the provincial Government's investment authorities and other projects were approved by the Government's investment authorities in the area.
Other town construction projects: high-suit real estate projects, a total land area of 10,000 square meters and the above-mentioned economy are approved by the provincial government investment authorities, and other urban construction projects are approved by the investment authorities of the communes, the district-level government.
Social cause
Education, health, culture, radio movie television: university town, medical town and other parking projects are approved by the Department's investment authorities, and new construction and expansion projects at the University (special) school gardens are approved by the provincial government investment authorities.
Tourism: The State's priority landscape area, the State's natural protected areas, the total investment of $50 million in the area of national focus protection units and the above-mentioned tourism development and resource protection facilities, the world's total investment of 300,000 dollars in natural, cultural heritage protection areas and the above-mentioned projects approved by the State's investment authorities, the national focus area, the national natural protected area, the national focus protection area, the total investment of $10 million in the area of the protection of cultural heritage, which is not approved by the Government's overall investment in the area of natural property. National forest parks, provincial focus polar areas, provincial natural protected areas, provincial priority material protection units in the area of investment in the development and resource protection facilities for 20000,000 yen and above, approved by the provincial Government's investment authorities, and other projects were approved by the local government investment authorities. The construction project in the tropolitan landscape area is implemented in accordance with the Southern West Province Resistance Management Regulations.
Sports: The F1sts were approved by the Investments Authority of the Department of State.
Recreation: Large thematic parks are approved by the Department of State.
Other social projects: are approved by the State Department's industrial authorities or provincial authorities, the municipality of the district, and the territorial Government's investment authorities.
Financial
The Indian bank, currency, bank statement paper project was approved by the State's investment authorities.
Investment in business
Implementation is provided in accordance with the relevant laws, regulations, regulations and the approval authority of the Ministry's Government's enterprise investment projects.
External investments
Implementation is provided in accordance with the relevant laws, regulations, regulations and the approval authority of the Ministry's Government's enterprise investment projects.