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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(November 4, 2005, Heilongjiang provincial people's Government, the 29th Executive meeting on December 28, 2005, Heilongjiang province people's Government promulgated as of January 1, 2006, 4th) Chapter I General provisions article for standardizing investment behavior, creating a good environment, protecting the legitimate rights and interests of investors, promoting economic development and social progress, according to the relevant regulations of the State, combined with the facts of the province, these measures are formulated.
    Second non-government investments in these measures (hereinafter referred to as investment projects) is in compliance with the provisions of the list of Government-approved investment projects do not use government funds to invest in the important and restricted fixed asset projects, including enterprise investment projects, foreign investment and overseas investment projects.
    Article approval of investment projects within the administrative area of the province to apply this approach.
    Article fourth province development and reform the Management Department is responsible for the approval of investment projects in the province, and are responsible for organizing the implementation of these measures; City (area), County (City) departments are responsible for the development and reform in the administrative area of investment projects approved by the management.
    Economic committees at all levels in accordance with the management duties in the province use a domestic industrial transformation of non-government capital investment project approval.
    Administration of province, the Provincial Bureau of forest industry and city (area) the same project approval authority, its project approval departments are responsible for the investment projects approved by the management of the system, and businesses accept the guidance and supervision of the provincial development and reform Department.
    This article listed development and reform Department, the Economic Committee, Ken, project approval departments, provincial Bureau of forest industry project approval departments collectively project approval authorities.
    Fifth City (area), County (City) Department's approval authority for project approvals, by province development and reform Department under the State Council developed the list of Government-approved investment projects, submitted to the provincial people's Government for approval.
    Sixth levels of land and natural resources, urban planning, environmental protection and other relevant administrative authorities within their respective areas of responsibility with departments project approval and make investment projects approved by the related work.
    Seventh article any units and individuals discover illegal activities approved by the project are entitled to project approval Department or other relevant departments received shall promptly verify reported sector, processing and reporting units and personal privacy.
    Chapter II approval of enterprise investment projects article eighth project applicant project application report should be prepared in accordance with the relevant provisions and report to project approval authorities, project application report including project application unit and the proposed project.
    Safety-related investment projects should also increase the content of safety assessment in the application report. Nineth article project declared units in to project approved sector submitted application report Shi, should submitted following information: (a) city planning administrative competent sector issued of city planning location views; (ii) land resources administrative competent sector issued of project with to pre views, but through tender, and auction, and tone transfer land right of way made of construction project with to except; (three) environmental protection administrative competent sector issued of environment effect evaluation file of approval views; (four) according to about legal, and
    Regulations should be submitted for additional information.
    Sector when going through the formalities provided for in the preceding paragraph, shall, in accordance with the People's Republic of China on administrative licensing law and the time limits stipulated by relevant laws and regulations be completed in time.
    Tenth project application unit should ensure the application content and materials submitted by real, legitimate and effective, not to split items or provide false materials or other improper means in obtaining project approval documents.
    11th project approval Department application materials are incomplete or not in compliance with the relevant requirements, shall on receipt of the project application report or receipt of the application within three working days from the date of the report informed the project application unit.
    Departments project approval for project reporting units to provide complete materials, written decision shall be made on the spot.
    12th article project approved sector should according to national about provides, from following aspects on project for review: (a) whether meet about legal, and regulations and policy; (ii) whether meet economy and social development planning, and industry planning, and industry policy, and industry access standard; (three) whether effect national economic security and public interests; (four) whether effect ecological environment; (five) whether reasonable protection and effective utilization resources. Article 13th project approved by the authorized departments in review, for projects involving other competent authority functions, shall solicit the views of the relevant departments.
    Relevant departments shall receive consultation within seven working days from the date of notification, submit written observations to the project approval authorities; outstanding feedback, agrees.
    Article 14th necessary consultation assessment of projects approved, project approval departments shall, within three working days after receipt of the application, commissioned a consultation with statutory qualifications assessment mechanism for evaluation. Commissioned consulting assessment body shall submit an assessment report within the stipulated time, and responsible for the assessment. Consulting assessment agency assessment, you can ask on the relevant issues project application unit, project application unit should be described.
    Advisory evaluation fee assessment of departments project approval by a delegate.
    15th project approval departments shall within 15 working days from the date of acceptance of the application, make a decision on whether; not approved, reasons shall be reported to the project in writing.
    Project approval departments cannot be made within 15 working days whether to approve decisions, approved by the Department head may be postponed, but shall not exceed seven business days; delayed approval of project approval departments shall decide to inform the project applicant, and explain the reasons.
    Sector advisory mandates approved by the project assessment, when seeking public input and expert review, each working time shall not exceed 30 working days; the time required within the period specified in the preceding paragraph is not calculated.
    16th article has approved of project, has following case one of of, should holding change application and about change proved information to original project approved sector handle change procedures: (a) construction locations occurred changes; (ii) investment party or holding party equity occurred changes; (three) main construction content and main products occurred changes; (four) total investment cumulative over original approved investment 30% above; (five) about legal, and regulations and industry policy provides need handle change procedures of other case.
    Since receiving the original project approval Department within seven working days from the date of application for the change to be completed in time. Article 17th project applicant from obtaining project approval decision within two years from the date of construction, approved by the original project approval Department may write-off the original decision.
    But the project submitted by the applicant before the expiration of two years reasonable grounds of delaying the start, project approval departments can decide on an appropriate extension, extension of time shall not exceed six months.
    Article 18th project application unit based on project approval documents, in accordance with the law on land use, resource use, urban planning and related tax deductible confirmation procedures.
    To be approved by the project approval authorities and undeclared or declared, but without the approval of the project, land and natural resources, urban planning department shall not apply for approval shall be obtained before they can go through the other related procedures.
    Chapter approval of foreign investment projects referred to in the 19th article of the way foreign investment projects included within the administrative area of the province of Sino-foreign joint ventures, Sino-foreign cooperation, merger and acquisition of foreign-owned and foreign-funded enterprise, replenishment and other types of enterprises with foreign investment and foreign investment.
    20th article project declared units should according to this approach eighth article provides of content prepared project application report, according to this approach Nineth article of provides submitted information, also should submitted following information: (a) foreign investment parties of enterprise license, and business registration card and Enterprise annual financial report, and account Bank issued of funds credit proved; (ii) investment letter of intent, increased funding, and purchased and project of company Board resolution; (three) to state-owned assets or land right funded of, issued related competent sector confirmed of file.
    New project does not provide business license applicants shall submit the Enterprise name pre-approval notice issued by the administrative departments for industry and commerce.
    21st approval procedures for foreign investment projects in accordance with the relevant provisions of approval of enterprise investment projects in these measures.
    Fourth chapter approval of overseas investment projects referred to overseas investment projects including the 22nd article this way through investment currency, securities, real property, intellectual property or technology, equity, debt and other forms of foreign investment and obtain the relevant rights and interests of overseas investment projects.
    23rd China invested 30 million US dollars to the following oil, mining and other resource development overseas investment projects and Chinese investment in foreign exchange quota of up to 10 million dollars of overseas investment projects, shall apply to the provincial project approval authorities for approval.
    24th article project declared units submitted province project approved sector approved of project application report should including following content: (a) project name, and investment party basic situation; (ii) project background situation and investment environment situation; (three) project construction scale, and main construction content, and products, and target market situation; (four) project total investment, and parties funded amount, and funded way, and financing programme and with meeting amount; (five) purchased and or shares project, should description intends purchased and or shares company of specific situation.
    25th article project declared units to province project approved sector submitted application report Shi, should submitted following information: (a) company Board resolution or related of funded resolution; (ii) statutory intermediary institutions issued of China and cooperation foreign assets and business situation of proved file; (three) bid, and purchased and or joint venture, and cooperation project, in the, and foreign signed of letter of intent or framework agreement, file. As securities, physical, intellectual or technical interest, equity, debt and other assets funded, in accordance with the approved by the assessed value or the fair value of the equity capital shall submit the corresponding certificate from the qualified appraisal firm appraisal report, or some other third party documents to prove the asset value.

    Article 26th approval of overseas investment projects in accordance with the relevant provisions of approval of enterprise investment projects in these measures. 27th bid outside or acquisitions, shall tender or foreign official to carry out business activities through project approval departments submit written reports to the national development and reform Department.
    Information reported includes: (a) basic statistics on investment, (ii) investment background and (iii) investment locations, directions, expected investment and construction scale and (iv) working time schedule.
    Fifth chapter legal responsibility 28th article project declared units violation this approach provides has following case one of of, by project approved sector law give processing, and punishment: (a) should application approved and not application approved of, ordered its stop construction, and at 5,000 yuan above 20,000 yuan following fine, on meet approved conditions of project, ordered its deadline handle procedures; (ii) not according to project approved decided requirements for construction or should application change and not application of, ordered corrected, and at 2000 Yuan above 10,000 yuan following fine;
    (C) to split item, provide false materials or other improper means to obtain project approval documents, cancelled the project approval, no illegal proceeds, fined 10,000 yuan and 20,000 yuan fine; there is illegal income, and fined 20,000 yuan and 50,000 yuan fine.
    Article 29th Advisory evaluation agencies and their staff, in the assessment process in violation of laws and regulations and professional norms, resulting in significant loss and adverse effects, should be investigated for responsibility.
    30th article project approved sector and staff in project approved work in the has following case one of of, on directly is responsible for of competent personnel and other directly responsibility personnel, by superior administrative organ ordered corrected, give informed criticism, and by about sector law give warning until remember than of administrative sanctions, plot serious of, give downgraded until fired of administrative sanctions: (a) meet approved conditions, should approved and not to approved of; (ii) not meet approved conditions, give approved of;
    (C) beyond the scope of the approved project approved; (d) used his position to facilitate the solicitation or acceptance by property; (e) does not comply with the laws and regulations of other cases.
    Article 31st and his staff in the work of the Department for approval by the Administrative Department shall examine the investment project approval document without identification or were not in accordance with the statutory time limit completes the relevant formalities, the directly responsible in charge and other direct liable persons shall be given administrative sanctions by the relevant authorities.
                                    Sixth chapter supplementary articles article 32nd these measures shall take effect on January 1, 2006.