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Interim Measures For The Approval Of Enterprise Investment Projects In Tibet Autonomous Region

Original Language Title: 西藏自治区企业投资项目核准暂行办法

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(Summit 7th ordinary meeting of the People's Government of the Tibetan Autonomous Region, 9 May 2007, considered the adoption of Decree No. 79 of 23 May 2007 of the People's Government Order No. 79 of the Tibetan Autonomous Region, which came into force on 1 July 2007)

Chapter I General
In order to adapt to the need to improve the economic system of the socialist market, this approach is developed in the light of the decisions of the Department of State on investment institutional reform and related provisions.
Article 2
This approach applies to enterprise investment projects that are included in the Investment Project List approved by the People's Government of the Tibetan Autonomous Region, which are subject to approval by the Department of State, the Investment Authority of the Department of State or the Department of State industry authorities, in accordance with the relevant provisions of the Interim Approach to the Approval of Business Investment Projects, developed by the Department of State.
Article 3. The project approval body referred to in this approach refers to the executive body with the approval of enterprise investment projects under the List of Investment Projects approved by the People's Government of the Tibetan Autonomous Region. Among these, the Government's investment authorities in the self-government area refer to the Development Reform Committee of the Self-Government Zone; the Government's investment authorities at all levels of the self-government refer to the Regional (Community Government) and the District People's Government Development Reform Commission.
Article IV, without the approval of the People's Government of the Autonomous Region, does not allow all regions, departments to do so without delay, to adjust the scope of the investment project section approved by the Government of the Tibetan Autonomous Region.
Article 5 The project approval authority should be approved by law and enhanced oversight.
Chapter II
The project declaration unit of Article 6 shall submit to the Project Approval Body five requests for the project. The project application report should entrust the development of institutions with the corresponding qualifications for engineering counselling.
In accordance with the investment project sheet approved by the Government of the People of the Tibetan Autonomous Region, it is required to report on projects approved by the Government of the People of the Autonomous Region or by its investment authorities, which should be prepared by an institution with qualifications for engineering advice; and in accordance with the portfolio of investment projects approved by the People's Government of the Tibetan Autonomous Region (commune) or projects approved by the investment authorities of the county-level people, the project request reports should be prepared by an institution with qualifications for higher-level engineering advice.
Article 7 shall include the following:
(i) Status of project declaration units;
(ii) The proposed construction project;
(iii) Building land and related planning;
(iv) Resource utilization and energy consumption analysis;
(v) Environmental impact analysis;
(vi) Economic and social impact analysis.
The Article 8 project declaration unit shall be prepared in accordance with the model version of the project application submitted by the National Development Reform Commission.
The project declaration unit of article 9 should be accompanied by the following documents when submitting the application to the project approval body:
(i) Urban planning advice from urban planning authorities;
(ii) Pretrial advice from the territorial resource administrative authorities;
(iii) Approval of environmental impact evaluation documents by environmental authorities;
(iv) Other documents requested under the relevant legislation.
The Article 10 project declaration unit shall be responsible for the authenticity of all the content of the declaration and shall not produce or submit false material.
Chapter III Approval process
Article 11. Investment in enterprises is required to report on projects approved by the Government of the People of the Autonomous Region, which are submitted by the Government's investigatory authorities of the Autonomous Region to report to the Government of the Autonomous Region on the application of the project.
Enterprise investment construction needs to be approved by the Investment Authority of the People's Government of the Autonomous Region and should be accompanied by the first instance opinion of the investment authorities in the project's area (the city).
Enterprise investment construction is subject to projects approved by the Regional (Community Government) or by the investment authorities of the county-level people's governments, and should submit a project request report to the Regional (Central Government) or to the investment authorities of the county-level people.
The relevant industry authorities in the self-government area report projects approved by the industrial authorities of the self-government sector, submit the project approval reports directly to the relevant industry authorities in the self-government area and report the Development Reform Committee of the autonomous zone.
The Article 12 Project Approval Body considers that the declaration submitted by the project declaration unit is incomplete or incompatible with the requirements, and shall communicate, within five working days of receipt of the project request, the supplementary information and documentation materials required by the project declaration unit or adjustments to the relevant content.
The project declaration unit should be formally accepted by the project approval authority after the submission of the material requested.
After the approval of the application by the Project Approval Body, an assessment of the eligible advisory body should be carried out within five working days, as necessary, in accordance with the prescribed procedures.
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, the advisory body may request clarifications from the project declaration units on issues.
The approval of the Article 14. Project Approval shall seek the views of the relevant sectors when carrying out the review, if they relate to the responsibilities of other industry authorities. The relevant departments should submit written clearances to the project approval body within 10 working days of receipt of the request for advice (with the accompanying project application report) and the absence of feedback from the written review thereon as agreed.
Article 15. For projects that may have a significant impact on the public interest, the approval of the project shall take appropriate means to seek public advice. Experts should be organized for special projects.
The Article 16 project approval authority shall make decisions approved within 20 working days of the receipt of the project's application and make them public. An audit opinion is required to be submitted to the parent project approval body and should be submitted within 15 working days after receipt of the project request. For special reasons, the approval of the project is indeed difficult to take decisions within 20 working days and, with the approval of the head of the organ, 10 working days may be extended and, in a timely manner, the project declaration unit explains the reasons for the extension. The overdue response was considered to be approved.
The project approval body entrusts the advisory assessment, requests for public opinions and expert arguments, and the time required is not to calculate the period specified in the preceding paragraph.
Article 17, for projects approved with the consent of the project, the project approval body shall make the project approval document available to the project declaration unit, which shall be accompanied by the relevant departments and the sub-project approval authority; for the non-approval of the project declaration unit, the reasons for non-approval shall be presented to the relevant sector and the sub-project approval body.
The project approved by the Government of the People of the Autonomous Region, with the approval of the project approval by the Investment Authority of the self-government.
The project declaration unit of article 18 objects to the approval and approval of decisions by the project approval body, which may be submitted by law for administrative review or administrative proceedings.
Chapter IV Approval of content and effectiveness
The project approval authority reviews the project in accordance with the following conditions:
(i) In conformity with national legislation;
(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 industrial region;
(v) Major products do not monopoly on the market in the region;
(vi) No impact on the economic security of my region;
(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 20 project declaration unit is governed by the project approval document and is governed by the law by procedures such as land use, resource use, urban planning, water resource management, safe production regulation, importation of equipment and tax exemptions.
Article 21 project approval documents are valid for a period of two years and are based on the date of receipt of the approval of the agreement.
The project was not constructed during the valid period of approval of the document, and the project unit should apply for extensions to the approved project approval authority by 30 days of the expiry of the valid period of the approval of the document, and the original project approval authority should make a decision to grant the extension until the expiry of the valid period of the approval of the document. The extension was one year. The project unit was still unproduced and should be reapproved.
The project has not been established during the valid period of approval of the document or has not applied for extensions to the original project approval authority, and the original project approval document has expired after the expiry of the period.
The items already approved in article 22 need to be adjusted for the elements set out in the project approval document, and the project units should report to the original project approval body in writing. The original project approval body shall, in accordance with the specific circumstances of the project adjustments, make written confirmations within 15 working days after receipt of the adjustment report or request their re-approval procedures.
Article 23 projects that are not declared by the approval of the project approval authority or, although declared but not approved projects, are not subject to relevant procedures in the areas of land resources, environmental protection, urban planning, quality monitoring, foreign exchange management, safe production regulation, water resources management, customs.
Chapter V Legal responsibility
Article 24 Project Approval bodies and their staff should strictly enforce the provisions of the legal regulations and the methods, without any further reductions in approval matters, without delay.
In the course of the project approval process, the staff of the Article 25 approving authority misused their functions,ys, negligence, provocative fraud, bribes, and administratively disposed of by law; there are suspected criminal suspects and transferred to the judiciary.
Article 26 Advisory assessment bodies and their personnel are held accountable in accordance with the law for significant losses and adverse impacts arising from the preparation of project requests or in the acceptance of the project.
The approval of the project by the project approval authority shall be revoked by law by the project application unit with no reasonable means of dismantling sub-item and providing false documentation.
The Twenty-eighth Project Approval Body should regulate enterprise investment projects in the same sectors as land resources, environmental protection, urban planning, safe production regulation. Projects requiring approval by the Government of the People, declared but not authorized for self-employed construction, and projects that have not been constructed in accordance with the project approval documents, the corresponding project approval body should immediately put an end to the construction and be held accountable to the responsible person in accordance with the law.
Annex VI
Article 29 Foreigner investment projects and approval of external investment projects are implemented in accordance with the relevant provisions of the national and self-government zones, and other types of enterprises are invested in the area.
Article 33 Investments of non-commercial units, such as business units, social groups, in the construction of projects in the Investment Project List approved by the People's Government of the Tibetan Autonomous Region, are approved in accordance with this approach.
Article 31 of this approach was implemented effective 1 July 2007. Previously issued provisions relating to the management of the enterprise investment project approval project are implemented in accordance with this approach.
Annex: List of investment projects approved by the People's Government of the Tibetan Autonomous Region (2007)

Annex: List of investment projects approved by the People's Government of the Tibetan Autonomous Region (2007)
Summary statement:
(i) The projects listed in the present section refer to major and limited types of fixed-term investment projects that enterprises do not use Government-based investments.
(ii) Enterprises do not use projects other than the Government's portfolio for investment in the construction of the present directory, with the exception of legislation and special provisions of the Department of State prohibiting investment projects.
(iii) The section provides for the project “approved by the Regional (Community Government), the investment authorities of the county-level people's governments” and is authorized by the regional (commune) offices (the people's Government) in accordance with the local realities and the nature of the project, in accordance with the principle of “decentralization”, which allows for simplification and acceleration” and specifically delineation of the authority of approval by the regional (community governments) and district-level investment authorities. However, the directory clearly stipulates that “approved by regional (commune) investment authorities” and that the authorization authority shall not be delegated.
(iv) The present directory serves as the Government of the people of the self-government, in line with the directory of investment projects approved by the Government of the State of State (2004b). Based on changes in circumstances, adjustments will be made as appropriate.
Agroforestry
Agriculture: projects involving desertion are approved by the Investment Authority of the self-government.
Water bank: In addition to the water bank project approved by the State's investment authorities, other water bank projects are approved by the Government's investment authorities in the self-government area.
Other water works: In addition to projects approved by the State Department's investment authorities, the project for the restructuring of water resources in the self-government area is approved by the Government's investment authorities of the self-government, or approved by the investment authorities of the Government of the self-government.
Energy
(i) Electricity.
hydroelectric power station: projects constructed on rivers in self-government zones and other rivers with a total capacity of over 2.5 million kwa, 250,000 kwa, approved by the Government's investment authorities in the self-governing area; other projects were approved by the Regional (Community Government), the investment authorities of the county-level people.
Horizon: Other projects other than fuel coal projects are approved by the Investments Authority of the self-government.
wind power station: a project with a total capacity of 50,000 kwash, approved by the Government investment authorities of the self-government sector.
Electrical Network works: 330 Vod below electric power pressure project, approved by the Investment Authority of the self-government.
(ii) coal.
coal mining: coal development projects in the self-government area are approved by the Government's investment authorities in the self-governing area; coal development projects outside the self-government area that prohibit exploitation.
Hydrohydration: More than 300,000 tons of year-olds and up to 500,000 tons, approved by the Investments Authority of the self-government; other projects were approved by the regional (market) investment authorities.
(iii) Oil, gas.
Hydrocarbon acceptance, storage facilities (less oil fields, oil refineries) are approved by the Investment Authority of the self-government.
Hydrographic networks (non-oil field trajectory networks): cross-ground (market) or annual gas capacity projects with a range of 500 million cubic metres, approved by the Government of the self-government investment authorities.
Transport
(i) Railway.
New (increase) railways: cross provinces (zones, municipalities) or more than 100 kilometres and above are approved by the Investments Authority of the Department of State, and the remaining projects are approved by the Department of State Department's industrial authorities or by the Government's investment authorities in the self-government area, respectively.
(ii) Highway.
Highway: The main gateway in the self-government area, the regional dryway and the investment scale of over 3,000 million dollars, approved by the Government investment authorities of the self-government; over 1000 and 3,000 dollars, approved by the investment authorities of the Regional (community government); and other projects were approved by the Regional (communes' governments), the investment authorities of the district (communes), the district-level people's governments (feasing road projects, approved by the Government's investment authorities of the self-government).
Independent road bridges, tunnels: independent road bridges over 1000 dollars within the self-government area, tunnel projects are approved by the Government's investment authorities in the self-government; other independent road bridges, tunnel projects are approved by the Regional (Citizen Government), the investment authorities of the county-level people.
(iii) Water transport.
In-house shipping: more than 200 tons of metrics and tens of thousands of airstrips are approved by the Investments Authority of the self-government; more than 50 tons of metrics and 200 tons of communes, approved by the Regional (Lebanese Government); other projects are approved by the Regional (communes) Investment Authorities of the Territory (community governments), and by the investment authorities of the county-level people.
(iv) Civil aviation.
Airport expansion: The total investment is up to $1 billion and is under the self-government area, approved by the Government of the People of the Autonomous Region.
Outputs
steel: In addition to the steel, steel, refrigeration project and the iron-development projects that have identified the size of industrial reserves of more than 50 million tons, other iron mining development projects are approved by the self-government investment authorities.
There is a sense that, in addition to the new production production of aluminium project, the construction of aluminium project and the development of more than 50 million mines, more than 5,000 yen and more than 50 million dollars of the total investment, over 50,000 yen development projects were approved by the Government of the People's Government of the Autonomous Region after the first instance of the Investment Authority; and other mining development projects were approved by the investment authorities of the self-government.
fertiles: more than 200,000 tons of phosphate and more than 200,000 tons of year-olds, up to 500,000 tons of potassium fertiles, approved by the Government of the self-government; other phosphate, potassium fertilization projects, approved by the regional (market) investment authorities.
cement: Other projects are approved by the Government's investment authorities in the self-government, in addition to the prohibition of the type of project.
Few soils: In addition to the development, smelting and total investment of over 1 billion yen, other rare processing projects were approved by the Government's investment authorities in the self-government area.
gold: The following 500 tons of minerals were selected on the day, approved by the Government of the Autonomous Region.
V. Blinding
paper pulp: more than 3.4 million tons per year and 10,000 tons of pulp, approved by the Investments Authority of the self-government; and other pulp projects prohibit construction.
sugar: More than 1,500 tons of sugar were processed on the day, approved by the Government's investment authorities in the self-government sector; and other sugar projects prohibited construction.
Urban construction
Urban water supply: more than 20,000 tons of water in the area of self-government, approved by the Investments Authority of the self-government; other urban water supply projects are approved by the Regional (Community Government), the investment authorities of the district-level people.
Urban infrastructure: projects with a single development area of more than 3 square kilometres are approved by the Investments Authority of the self-government sector; other projects are approved by the Regional (Community Government), and by the investment authorities of the county-level people.
Other town construction projects: more than 300,000 dollars for investment, approved by the Government of the People's Government of the Autonomous Region; more than 1,000 million yen and more than 300,000 dollars for projects approved by the Regional (Libanese Government); and other projects were approved by the Regional (Central) Agency (Prioral Government); and by the investment authorities of the communes (the People's Government); and district-level people.
Social cause
Tourism: The project for tourism development and resource protection facilities in the area of the Autonomous Region, the natural protected area, the focus on artisanal protection units, was approved by the Government's investment authorities in the Autonomous Region; the project for the development and resource protection facilities in the area of the natural protected area, the district-level focus protection unit, and approved by the Regional (Central) investment authorities.
Other social projects: investment projects amounting to more than 300,000 dollars, approved by the Government of the People of the Autonomous Region; more than 1,000 million yen and less than 300,000 dollars, approved by the Regional (Lijib) Investment Authority (HDP); and other projects were approved by the Regional (Community) Agency (Prioral Government), the investment authorities of the county-level people.
External investments and external investment
The external investment project and the approval of external investment projects were developed by the self-government. The State has provided for implementation in accordance with the relevant provisions of the State.