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Non-Government Investment Projects In Heilongjiang Province Approved Way

Original Language Title: 黑龙江省非政府性投资项目核准办法

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(Adopted by the 29th ordinary meeting of the Government of the Blackonang Province on 4 November 2005 and issued by Decree No. 4 of 28 December 2005 by the Government of the People's Government of the Blackon Province, effective 1 January 2006)

Chapter I General
Article 1 creates a good environment for the regulation of investment, protects the legitimate rights and interests of investors, promotes economic development and social progress, and develops this approach in line with relevant national provisions.
Article II refers to non-governmental investment projects (hereinafter referred to as investment projects) in line with the Director of Investment Projects approved by the Department of State, which provide for significant and limiting types of fixed-term asset projects that do not use government-funded investments, including enterprise investment projects, offshore investment projects and offshore investment projects.
Article 3. Approval of investment projects in the region of the province shall apply.
Article IV. The provincial development and reform sector is responsible for the management approved by investment projects throughout the province and is responsible for organizing the implementation of this approach; the city (b) and the district (market) development and reform sectors are responsible for the management approved by investment projects in the current administrative region.
The economic commissions at all levels are responsible for the approval of industrial adaptation investment projects using domestic non-governmental funds in the provinces, in accordance with their management responsibilities.
The Provincial Directorate for Agriation and the provincial Directorate of Forest Industry enjoy the same project approval authority as the commune (BLB) and its project approval sector is responsible for the management approved by investment projects within the system and is operationally guided and monitored by the provincial development and reform sectors.
The development and reform sectors listed in this article, the Economic Commission, the approval department of the provincial General Directorate for Agriculture project, and the approval of the project approval department by the provincial General Directorate for Forestry Industry.
Article 5
The relevant administrative authorities at all levels, such as land resources, urban planning and environmental protection, are in line with their respective responsibilities and are co-approved by investment projects.
Article 7. Any unit and individual found that the offence was committed to the project approval activity and had the right to report to the project approval department or the relevant sector; the sectors receiving the report should be promptly verified, processed and confidential.
Chapter II
The Article 8 project declaration unit shall prepare a project application report in accordance with the relevant national provisions and submit it to the project approval sector, which includes, inter alia, the status of the project declaration unit and the proposed construction of the project.
Security-related investment projects should also increase security evaluation in the application reports.
The project declaration unit of Article 9 shall submit the following information to the project approval department when submitting the application report:
(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 rights;
(iii) Approval of environmental impact evaluation documents by environmental authorities;
(iv) Other information to be submitted in accordance with the relevant legislation, legislation and regulations.
When the relevant procedures are handled by the sectors set out in the previous paragraph, they should be closed in accordance with the time frame set out in the National People's Republic of China's Administrative Accreditation Act and relevant laws, regulations and regulations.
The Article 10 project declaration unit shall ensure that the content of the application and the information submitted is authentic, legitimate and effective, and shall not be used to deceive the project approval documents by means of distributing or providing false material.
The Article 11 project approval sector considers that the declared material is incomplete or incompatible with the requirements, and shall communicate the project declaration unit within one day of three working days from the date of receipt of the project request for submission.
The project approval sector provides material to the project declaration unit and shall make written decisions at the time.
The project approval sector shall review the project in accordance with the relevant national provisions:
(i) In conformity with the relevant laws, regulations and policies;
(ii) In accordance with national economic and social development planning, industrial planning, industrial policy and industrial access standards;
(iii) Does affect national economic security and public interest;
(iv) Have an impact on the ecological environment;
(v) Whether resources are reasonably protected and effectively developed.
In the course of the approval review, the project approval sector should seek the views of the relevant sectors in relation to projects involving the functions of other industry authorities. The relevant sectors should provide written advice to the project approval department within seven working days from the date of receipt of the request for comments; the unsatisfaction was considered to be agreed.
Article XIV approved projects confirmed the need for a consultancy assessment, which should be commissioned by the project approval cell within three working days after the request was received.
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 could be asked about the issues, and the project declaration unit should be described. The consultancy assessment cost is borne by the project approval department entrusted to the assessment.
The Article 15 project approval sector shall, within fifteen working days of the date of receipt of the application, decide whether or not to be approved, explain the reasons for the project declaration unit in writing.
The project approval sector could not make approval decisions within fifteen working days, with approval by the head of the sector, which could be extended for a maximum of seven working days; the project approval cell should communicate the approved decision to the project declaration unit and explain the reasons.
The project approval sector entrusts the advisory assessment, requests for public advice and expert review with a maximum of three working days; the time required is not calculated for the period specified above.
Article 16 already approved projects, with one of the following cases, shall be subject to requests for change and related changes to the procedures for processing changes in the approved sectors 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 accumulated more than 30 per cent of the original approved investment;
(v) Other cases where the legal, regulatory and industrial policy provisions require the processing of changes.
The original project approval sector has been closed within seven working days from the date of receipt of a change in application.
The project declaration unit of Article 17 has not been established within two years from the date of the approval of the project, and the original project approval cell could write off its approval. However, the project declaration unit submitted a reasonable extension of the grounds for the start-up prior to the expiration of the two-year period, and the project approval sector may decide to extend the appropriate period for a maximum period not exceeding six months.
The Article 18 project declaration unit is governed by the project approval document to deal with procedures such as land use, resource use, urban planning and tax deduction recognition.
Other relevant procedures, such as land resources, urban planning, shall be subject to approval by the project approval department for non-statement or, although declared but not approved projects.
Chapter III
The Foreigner Investment Project referred to in Article 19 of this approach includes a variety of external investment projects such as external joint ventures within the province's administrative region, external cooperation, sole-source business, external purchase and investment in enterprises in the country.
Article 20 project declaration units shall prepare project application reports in accordance with the content specified in Article 8 of this approach, and shall also communicate the following information in accordance with Article 9 of this methodology:
(i) Business licences, commercial registration certificates and annual corporate financial statements, financial credit certificates from the outward investment parties;
(ii) Investment expressions of interest, additions, acquisitions and project corporate boards resolutions;
(iii) Funded by State assets or land-use rights and documents confirmed by the relevant authorities.
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 21 Approval procedures for foreign investment projects are implemented in accordance with the relevant provisions approved by the enterprise investment projects under this scheme.
Chapter IV
The external investment projects referred to in article 22 of this approach include various external investment projects that are made available by enterprises in currencies of investment, value securities, in kind, intellectual property or technology, equity, claims, etc. to external investments and benefit.
Article 23 Investments in China amounting to US$ 3 million for offshore investment projects such as oil, mines and other external investment projects with sub-prime investment flows of up to US$ 1 million should be approved to the provincial project approval department.
The application for projects approved by the provincial project approval department shall include the following:
(i) The name of the project and the basic situation of the investor;
(ii) Project context and investment environment;
(iii) Project construction, major construction content, products and target markets;
(iv) Total investment in projects, contributions from Parties, modalities of funding, financing programmes and transfers;
(v) The acquisition and attendance of a unit project shall indicate the specific circumstances of the proposed acquisition and participation in the unit.
The following information should be submitted to the provincial project approval department for the submission of the request report:
(i) The corporate board resolutions or related funding resolutions;
(ii) A certificate of origin from the statutory intermediary, as well as the status and operation of the side;
(iii) documents such as tenders, purchases and or joint ventures, cooperation projects, expressions of interest signed by outside parties or framework agreements.
An asset assessment report with a corresponding qualifications of the asset assessment body or other third-party documents that may prove the value of the asset should be submitted in accordance with the assessment value of the value of the asset or the amount approved for the fair value of the value of the asset.
Article 26
Article 27 Overseas tenders or acquisition projects should be sent to the national development reform sector by the project approval sector prior to tenders or official business activities. The main elements of the information report include:
(i) The basic circumstances of the investment subject;
(ii) The investment context of the project;
(iii) Investment location, direction, projected scale of investments and scale-building;
(iv) Schedules for working hours.
Chapter V Legal responsibility
The twenty-eighth project declaration unit violates one of the following conditions under this scheme, which is regulated by law by the project approval branch:
(i) An application for approval, without application for approval, to put an end to the construction and to impose a fine of up to 2,000 yen, for projects consistent with the approved conditions, and to impose their deadlines;
(ii) In the absence of a decision of the project approval to require construction or an application for change, a change in order to be corrected and a fine of more than one million 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 an offence, with a fine of more than two million dollars; and a fine of more than five million yen in violation.
Article 29 Advisory assessment bodies and their staff should be held accountable in accordance with the law, in violation of legal, regulatory and professional norms, causing significant losses and adverse impacts during the assessment process.
The Thirty-first Project Approval Department and its staff members have one of the following conditions in the project approval process, and are responsible for the direct responsible and other direct responsibilities, which are rectified by the superior administrative authority, criticized by the authorities concerned, and are given by the relevant authorities, in accordance with the law, a warning until the administrative disposition of the bulk of the project, in the event of a serious circumstance, giving downgrad until the administrative disposal of the dismissal:
(i) In accordance with the conditions of approval, the approval shall be approved without approval;
(ii) Not in accordance with the conditions for approval and approval;
(iii) Approval of projects beyond approval;
(iv) Use of office facilities for requests or receipt of property;
(v) Other circumstances that are not in accordance with the provisions of the law, legislation and regulations.
Article 31 concerning administrative authorities and their staff in the process of approval of this sector should be determined whether the investment project approval document has not been identified or has not been completed in accordance with the statutory time frame, and that the competent and other direct responsible personnel directly responsible are subject to administrative disposition by the relevant authorities in accordance with the law.
Annex VI
Article 32 of this approach is implemented effective 1 January 172.