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

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(April 12, 2006 Jiangxi Province Government 43rd times Executive Conference considered through April 14, 2006 Jiangxi Province Government makes 145th, announced since announced of day up purposes) first chapter General first article for adapted perfect socialist market system of need, further advance enterprise investment project management system of reform, according to People's Republic of China administrative license method and State on investment reform of decided, combined this province actual, developed this approach.
    Article within the administrative area of the province, corporate investment and construction of the implementation of the approved projects, these measures shall apply.
    Approach to projects and approval of overseas investment projects with foreign investment separately. Article province people's Government promulgated by the State Council of the list of Government-approved investment projects, development of the catalogue of investment projects approved by the provincial Government of Jiangxi (see annex), clear scope of the approved project, divide the approval authority of project approval authority.
    Need to be adjusted, by a provincial project approval organ requests the approval of the provincial executive.
    Fourth project approval authorities mentioned in these measures refers to the people's Government above the county level development and reform (plan) administrative authorities and trade and economic administrative departments.
    Corporate capital investment projects by the development and reform (plan) approved by the administrative departments; enterprise technical transformation investment projects approved by the trade and economic administrative departments, submitted to the State Council, or the investment requirements approved by the competent authority, by the provincial economic and trade authorities in conjunction with the provincial development and reform administrative departments of the joint submission. Fifth business investment and construction of the implementation of the approved projects shall be prepared in accordance with these procedures and the relevant State project application report, submitted to the project approval authorities.
    Project approval authority should be approved in accordance with law, and strengthen supervision and management.
    Project approval authorities and their staff shall strictly implement the provisions of laws and regulations and these rules shall not disguise changes and approval shall be the approved time frame.
    Sixth corporate investment and construction of the implementation of the approved projects is no longer an approved project proposal and feasibility study report and starts reporting procedures.
    Chapter project application report and preparation of the seventh project applicant project application report should be submitted to the approval authority a set of 5 copies.
    Project application report shall include the following information: (a) the basic situation of project application unit, (ii) the proposed project and (c) building and the associated planning; (iv) analysis of resource use and energy consumption; (e) ecological environmental impact analysis (vi) economic and social effect analysis; (g) the provisions of other laws, rules and regulations. Eighth article project application report should according to following provides, by has corresponding Engineering Advisory qualification of institutions prepared: (a) law should by State or State investment competent sector approved of project, by has class a Engineering Advisory qualification of institutions prepared; (ii) law should by Province Government project approved organ approved of project, by has serie b above Engineering Advisory qualification of institutions prepared; (three) law should by city, and County (district) Government project approved organ approved of project,
    By c-level engineering consultation qualification agencies.
    Otherwise provided for by laws, rules or regulations, from its provisions.
    Nineth article project declared units to project approved mouthpiece sent project application report Shi, where involved environmental protection, and construction with to, and city planning, of, also should comes with following about file: (a) environmental protection administrative competent sector issued of on environment effect evaluation file of approval views; (ii) land resources administrative competent sector issued of project with to pre views; (three) city planning administrative competent sector issued of city planning views; (four) legal, and regulations, and regulations provides should submitted of other file.
    Tenth project application unit should be responsible for the authenticity of all application materials.
    Third chapter approved program 11th article enterprise investment implemented approved business of project, should according to following provides, to corresponding of project approved organ submitted project application report: (a) Enterprise (Central Standing Gan Enterprise except) investment by State or State investment competent sector approved of project, should to province Government project approved organ submitted project application report, Province Government project approved organ by trial and proposed views Hou, submitted State investment competent sector.
    (B) the investment project approved by the provincial project approval authorities shall be submitted to the local project approval of district municipal authority project application report, district municipality after trial and the project approval authorities, submitted to the provincial project approval authorities; provincial enterprise can directly submit project application report to the provincial project approval authority.
    (C) the investment approved by the project of district municipal authorities approved the project, should be submitted to the County Government approval of the project authority project application report, people's Governments at the county level after trial and the project approval authorities, submitted to the district municipal project approval authorities; district, enterprises could apply directly to district approval of municipal projects and submit project application report.
    (D) approval of enterprise investment projects approved by the County Government projects shall be submitted to the County Government approval of the project authority project application report.
    12th article project approved organ received project application report and other declared material Hou, should from following aspects for form review: (a) whether belongs to this project approved organ approved (trial) of range; (ii) project application report prepared units whether has corresponding of qualification; (three) declared material whether complete; (four) declared material whether meet provides of format; (five) declared material whether meet legal, and regulations or regulations of provides. 13th article project approved organ on project declared units proposed of approved application, should according to following situation respectively made processing: (a) declared of enterprise investment project law not need approved of, should rates told project declared units not accepted; (ii) declared of enterprise investment project not belongs to this organ terms range of, should rates made not accepted of decided, and told project declared units to about project approved organ application; (three) project declared material by form review not meet requirements of,
    Shall, on the spot or within 5 working days after receipt of application materials inform all project application unit need to supplement the content, (iv) declarations after examination as to form meets the requirements of the project, should be inadmissible.
    Project approval authority to accept or not to accept an application for project approval, shall issue a dated and stamped with the seal of the Authority written proof.
    Article 14th projects projects approved by the approving authority considers the application for assessment of a need for advisory bodies, shall, within 5 working days after acceptance and commissioning qualified advice to assess. Accept delegated project approval authority, the advisory body should submit assessment reports within the stipulated time, and take responsibility for assessment.
    Advisory body evaluation, may require the project application unit described on the issue.
    Article 15th project approved by the approval authority in the review, in the case of other functions of the competent authority, shall solicit the views of the relevant departments.
    Relevant departments shall, on receipt of the letter of comment (report of project application report) within 7 working days after, written comments to the project approval authorities; outstanding feedback written audit opinion, agrees.
    Article 16th project approved by the approval authority in the review, may have a significant impact on public interest projects, should take hearing for public comment; for a particular project, you can implement a peer system. Article 17th project approval authorities shall accept project applications within 20 working days of the date of the report, and make a decision on whether the project application report to the public, project approval authority to the supervisor or review.
    Cannot make a decision within 20 working days, approved by the head of this body, can be extended by 10 working days, and promptly notify the project applicant, extension reasons stated.
    Project approval authorities commissioned a consultative assessment, for public comment and expert deliberation, not counting the time required within the period specified in the preceding paragraph, however, it shall promptly notify the project application unit.
    Article 18th agreed to approve the investment project, project approval authority shall declare to the project approval document issued by the unit, with a copy to the relevant departments and the lower project approval authority.
    Does not agree with the approval of the enterprise's investment project, project approval authority shall declare to the project unit not to approve the file, give reasons for their disapproval, with a copy to the relevant departments and the lower project approval authority.
    19th levels of projects approved by the approval authority shall establish the project information system, via the Web, newspapers and other media, published quarterly has accepted the project application report, making approval decisions and other information, subject to public supervision, and guide social investment.
    Fourth chapter approved content and the effectiveness 20th article project approved organ according to following conditions on project for review: (a) meet national about legal, and regulations of 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; (four) area layout reasonable; (five) main products not on domestic market formed monopoly; (six) not effect national economic security; (seven) reasonable development and effective using resources;
    (H) effective protection of ecological environment and natural and cultural heritage, (I) is not in the public interest, in particular projects that adversely affect the interests of the public.
    Article 21st project application unit according to the project approval certificate issued by the project approval documents, according to use, urban land use, resource planning, safety, equipment imports and tax deductible confirmation procedures. 22nd project approval document will be valid for 2 years from the date of issue.

    Enterprise investment projects during the period of approval documents does not start project application unit needs to continue construction, shall, on the expiry of the approval documents before 30th seek an extension in the original project approval authority, the original project file approved by the approval authority shall make a decision on whether to approve the extension before the expiry. Article 23rd projects already approved, such as contents of adjustments required to the approved document, projects shall promptly report in writing to the original project approval authority.
    Original project approval authority should be adjusted according to the project's specific circumstances, issue a written opinion or request it again for approval.
    24th under any of the following circumstances, projects approved by the approval authority shall be revoked: (a) less than two years to start the construction project approval or renewal, (ii) applicant qualifications in accordance with the termination of the project, (iii) other circumstances as stipulated by laws and regulations shall be revoked.
    Approved by the 25th to be declared and undeclared, or declarations, but without the approval of the project, land and natural resources, environmental protection, city planning, quality supervision, securities regulation, foreign exchange management, work safety supervision and management, water resource management, the Customs authorities shall apply the relevant procedures, financial institutions shall not grant loans.
    The fifth chapter legal liability article 26th in the project approval process, the staff of project approval authorities abuse their powers, neglect their duties or malpractices for personal gain, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    27th land and natural resources, environmental protection, urban planning, quality control, safety supervision and management, water resources management and other departments and their staff in violation of these provisions without go through the relevant formalities, the related head and persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.
    28th Advisory evaluation agencies and their staff, violation of the technical specifications during the assessment process, resulting in heavy losses and the worst effects of, shall be investigated for criminal responsibility.
    Article 29th project applicant to split project, provides false materials or other improper means to obtain project approval documents, and project approval authority to the project approval can be revoked. Article 30th project approval authority shall, in conjunction with the town planning, land resources, environmental protection, banking supervision, work safety supervision and management departments, and strengthen the supervision of investment projects.
    Should declare their approval of undeclared or declared unauthorized construction, as well as not complying with the requirements of project approval documents for construction projects, once discovered, the corresponding project approval authorities shall immediately ordered to stop construction, and shall be held responsible for the legal and administrative responsibilities.
    The sixth chapter supplementary articles article 31st public institutions, social groups, such as enterprise investment and construction of the Jiangxi provincial government projects approved within the catalogue of investment projects, approved in accordance with this approach.

    32nd article this way come into force on the date of promulgation.
    Annex: list of investment projects approved by the Jiangxi provincial government (2006) a brief description of: (a) the directory according to the State Council issued the list of Government-approved investment projects (2004) developed. (Ii) State issued of Government approved of investment project directory (2004 this) clear by national development reform Board and State approved of project, by province development reform Board or province economic and Trade Commission with province development reform Board trial reported; according to about provides reported State industry competent sector approved of project, by province industry competent sector with province development reform Board trial reported; central management of in province Enterprise construction should reported State investment competent sector approved of project, by enterprise sought province investment competent sector views Hou reported.
    Enterprise does not use government funds investment and construction promulgated by the State Council the list of Government-approved investment projects (2004) and the directory of the project, in addition to national laws, regulations and special provisions of the State Council ban on investment projects, implementation of records management.
    (C) the provisions of national laws and regulations and the State Department have a special project approval or approval, in accordance with the relevant provisions. (D) the items included in the list of investments by the Government authorities (national development and Reform Commission and the economic and Trade Commission) approved by the Division of labor on the project.
    Provided in this directory "approved by the district municipalities and the County approved" project, district municipal people's Government in accordance with the local situation and nature of the project, which is divided into districts and cities and approved by the people's Governments at the county level bodies approve permissions, directory specified "approved by the district authorities approved by the municipal people's Government", the approval authority may not be delegated. (V) the list for 2006.
    According to the changing circumstances, this list 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 approved by the investment Department under the State Council, across districts and cities on the river reservoir project and other medium sized reservoir above the project approved by the provincial people's Government investment authorities, other projects approved by the investment of district municipal authorities.
    Other water engineering: needs central coordination of projects involving cross-province water resource allocation adjustments approved by the investment Department under the State Council, projects across districts and cities water resources allocation and medium and of the other water projects approved by the provincial people's Government investment authorities, other projects approved by the investment of district municipal authorities.
    Second, energy (a) electric power.
    Hydroelectric power station on the main rivers and total installed capacity of the project for the construction of 250,000-kilowatt and projects approved by the investment Department under the State Council, other projects approved by the provincial people's Government investment authorities.
    Pumped: approved by the investment Department under the State Council.
    Fire station: by the investment Department under the State Council for approval.
    Thermal power stations: coal-fired projects approved by the investment Department under the State Council, other projects approved by the provincial people's Government investment authorities.
    Wind power: the total installed capacity of 50,000-kilowatt and above the project approved by the investment Department under the State Council, other projects approved by the provincial people's Government investment authorities.
    Nuclear power plants: approved by the State Council.
    Power engineering: 330,000 volts and above voltage level of the power grid project approved by the investment Department under the State Council, other projects approved by the provincial people's Government investment authorities.
    (B) coal.
    Coal: national planning within the mining area coal development project approved by the investment Department under the State Council, the remaining coal development project approved by the provincial people's Government investment authorities.
    Coal Liquefaction: annual production capacity of 500,000 tons and over project investment approved by the competent departments of the State Council, other projects approved by the provincial people's Government investment authorities.
    (C) oil and natural gas.
    Crude oil: an annual output of 1 million tons and over new oil field development project approved by the investment Department under the State Council, other items determined by the enterprise itself with oil concessions, investment Department under the State Council for the record.
    Natural gas: the annual production capacity of 2 billion cubic meters and above the new gas field development project approved by the investment Department under the State Council, other projects decided by the enterprise on its own natural gas drilling rights, investment Department under the State Council for the record.
    Liquefied petroleum gas receiving, storage facilities (excluding oil and gas, refinery project): approved by the provincial people's Government investment authorities.
    Imports of liquefied natural gas receiving, storage and transportation facilities: approved by the investment Department under the State Council.
    National crude oil storage facility: approved by the investment Department under the State Council.
    Oil pipeline network (not including oil gathering pipeline network): trunk pipeline projects approved by the investment Department under the State Council.
    Gas transmission network (excluding oil and gas gathering pipeline network): across the province or an annual gas transmission capacity of 500 million cubic meters and above project approved by the investment Department under the State Council, other projects approved by the provincial people's Government investment authorities.
    Third, transport (a) railways.
    New (additional) railways: across, or 100 km/h and projects approved by the investment Department under the State Council, the remaining items separately for the affiliation shall be formulated by the competent department or provincial government investment approved by the competent authority.
    (B) road.
    Highway: State Road trunk line, and national highway network, and across province of project by State investment competent sector approved, Province Highway network, and State Road non-trunk line, and level Highway, and charges Highway, and 100 km and the above province road II level Highway, and across set district city of three level Highway above project by Province Government investment competent sector approved, remaining project by set district city, and County government investment competent sector approved.
    Independent highway bridges and tunnels: Cross River (navigable) project approved by the investment Department under the State Council, 300 meters above and across the major rivers in the province, and navigation v above, a total investment of 20 million Yuan over the overpass project and in the tunnels and above project approved by the provincial people's Government investment authorities, remaining projects invested by districts and cities and county authorities for approval.
    (C) water.
    Special berths for coal, ore, oil and gas: new port with an annual handling capacity of 2 million tons and over project investment approved by the competent departments of the State Council, other projects approved by the provincial people's Government investment authorities.
    Container terminal: approved by the investment Department under the State Council.
    Inland Navigation: thousand-ton-level navigation structure project approved by the investment Department under the State Council, v and over waterway, thousand-ton-level navigation structure of the following projects approved by the provincial people's Government investment authorities, other projects approved by the investment of district municipal authorities.
    (D) civil aviation.
    New airport: approved by the State Council.
    The extension of the airport: a total investment of more than 1 billion yuan and projects approved by the investment Department under the State Council, the remaining items by subordination shall be formulated by the competent department or provincial government investment approved by the competent authority.
    Extension of a combined civil-military airport: investment approved by the competent authorities and the relevant military departments under the State Council.
    Four telecommunications, information industry: national backbone transmission network (including radio and television network), the international telecommunication circuits, international gateway, dedicated telecommunications network of international communication facilities and telecommunication infrastructure projects involving information security investment authority approved by the State Council. Post: international gateway and other post related to information security infrastructure projects approved by the investment Department under the State Council.

    Electronic information product manufacturing: satellite television receivers and key parts, the special provisions of the State of mobile communication system and Terminal and other production projects approved by the investment Department under the State Council.
    Five, raw materials, iron and steel: proven reserves of industrial scale of more than 50 million tons and iron ore development projects and new production capacity of iron making, steel making, steel rolling project approved by the investment Department under the State Council, other iron ore development project approved by the provincial people's Government investment authorities.
    Color: new project, create a new alumina production capacity of electrolytic aluminum projects and a total investment of 500 million Yuan and above mine development project approved by the investment Department under the State Council, and other mining development project approved by the provincial people's Government investment authorities.
    Petrochemical: new refineries and expansion of a refinery project, create a new ethylene and extension capacity exceeding an annual output of 200,000 tons ethylene project, the investments approved by the competent departments of the State Council, extension capacity will not exceed an annual output of 200,000 tons ethylene project, approved by the provincial people's Government investment authorities.
    Chemicals: new PTA, PX, MDI and TDI project and PTA, PX improve capacity of more than 100,000 tons annual production capacity of the project, approved by the investment Department under the State Council, PTA, PX renovation project not to exceed an annual output of 100,000 tons, approval by a provincial government investment authorities.
    Fertilizer: annual production capacity of 500,000 tons and over potash fertilizer projects approved by the investment Department under the State Council, other phosphorus and potash fertilizer projects by districts and cities and County investment approved by the competent authority.
    Cement: in addition to prohibited items, approved by the provincial people's Government investment authorities.
    Re: mining, smelting and separation and a total investment of 100 million Yuan and over rare earth processing projects approved by the investment Department under the State Council, the other rare earth processing projects approved by the provincial people's Government investment authorities.
    Gold: mining and ore 500 GRT and above project approved by the investment Department under the State Council, other mining and beneficiation project approved by the provincial people's Government investment authorities.
    Six, machinery manufacturing cars: according to the approval of the State Council's special regulations.
    Shipping: new more than 100,000 DWT shipbuilding facilities (slips, dock) and civilian ships, low speed diesel engine production project consists of investment approved by the competent departments of the State Council, the new 100,000-ton ship facilities (slips, dock) approved by the provincial people's Government investment authorities.
    Urban rail transport: the city rail transit vehicles, the signal system and traction control system for manufacturing projects approved by the investment Department under the State Council.
    Seven, light industry tobacco pulp: an annual output of more than 100,000 tons and pulp projects approved by the investment Department under the State Council, annual production capacity of 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.
    Denatured fuel ethanol: approved by the investment Department under the State Council. Polyester: Nissan 300 GRT and above project approved by the investment Department under the State Council.
    Nissan 100 (including) tons-300 (not including) under project approved by the provincial people's Government investment authorities, the rest by districts and cities and County investment approved by the competent authority.
    Salt: approved by the investment Department under the State Council.
    Sugar: sugar 1500 tons and above project approved by the provincial people's Government investment authorities, other sugar-prohibition of the construction of the project.
    Tobacco: cigarettes, tobacco use cellulose acetate and tow project approved by the investment Department under the State Council.
    Eight, the high-tech civil aviation and aerospace: commercial aircraft (including helicopters) manufacture and civilian satellite manufacturing, commercial remote sensing satellite ground station construction project approved by the investment Department under the State Council.
    Nine, construction of urban rapid rail transit: approved by the State Council. Urban water: across the province transferred 500,000 tons of water projects approved by the investment Department under the State Council and above, across districts and cities water diversion project, and the total daily water supply 200,000 metric tons and above project approved by the provincial people's Government investment authorities.
    Daily water supply 20 (not included) tons the following water supply projects by districts and cities and County investment approved by the competent authority.
    Urban roads and bridges: cross the River (navigable) bridge and tunnel project consists of investment approved by the competent departments of the State Council, across the major rivers in the province (navigation) bridge project approved by the provincial people's Government investment authorities.
    Sewage: sewage 100,000 tons and above project approved by the provincial people's Government investment authorities, other projects approved by the investment of district municipal authorities.
    Waste disposal: total capacity of 3 million cubic meters and above, landfill projects invested by the provincial Department of public health approved the remaining projects approved by the investment of district municipal authorities.
    Gas: gas supply 100,000 cubic meters and above project approved by the provincial people's Government investment authorities, other projects approved by the investment of district municipal authorities.
    Other city construction projects: high-end real estate projects, total construction area of 100,000 square meters and more than affordable residential project approved by the provincial people's Government investment authorities, and other urban construction projects invested by districts and cities and county authorities for approval.
    Ten, social undertakings, education, health, culture, radio, film and television: University City, medical and other park construction project approved by the investment Department under the State Council, University (College) campus construction and expansion project approved by the provincial people's Government investment authorities. Tourism: national focus landscape places district, and national nature reserve, and national focus heritage protection units regional within total investment 50 million Yuan and the above tourism development and resources protection facilities, world natural, and culture heritage reserves within total investment 30 million Yuan and the above project by State investment competent sector approved, national focus landscape places district, and national nature reserve, and national focus heritage protection units regional within total investment 1000 (containing) million Yuan – 5000 (not containing) million Yuan following tourism development and resources protection facilities, World natural and cultural heritage protected areas with a total investment of 500 (inclusive)-3000 million Yuan (not including) million project approved by the provincial people's Government investment authorities. National forest parks, provincial-level key scenic area, provincial nature reserves, provincial-level key cultural relics protection units in the investment of 20 million Yuan and over tourism development and resource protection facilities, approved by the provincial people's Government investment authorities, other projects approved by the investment of district municipal authorities.
    Lushan scenic area construction projects according to the Jiangxi province, Lushan mountain scenic area management implementation of the Ordinance.
    Sports: F1 circuit by the investment Department under the State Council for approval.
    Entertainment: theme parks are approved by the State Council.
    Other social work project: by affiliation shall be formulated by the competent department or province, districts and cities and County investment approved by the competent authority.
    Third, financial printing, minting, banknote paper projects approved by the investment Department under the State Council.
    12, foreign investment in accordance with the relevant laws, regulations, regulatory provisions and approval of enterprise investment projects province people's Government organs.
                                    13, foreign investments in accordance with the relevant laws, regulations, regulatory provisions and approval of enterprise investment projects province people's Government organs.