Advanced Search

Ningbo Municipal Government Approved The Investment Project Management Approach

Original Language Title: 宁波市政府核准投资项目管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Article 1 establishes this approach in accordance with the National People's Republic of China's administrative licence law, the State Department's decision on the reform of the investment system and the relevant national provisions.

The application, approval and supervision of management activities for approved enterprise investment projects in the current municipal administration area is applicable.

The approved enterprise investment projects referred to in the previous paragraph refer to fixed-term asset investment projects involving significant productivity, strategic resource development and major public interest that enterprises do not use government-based investment in investment.

Article 3. The scope of the approved enterprise investment project and the approval of the project approval authority shall be determined by the Government of the city in accordance with the relevant provisions of the State and the province and made available to society in the List of Investment Projects approved by the Government of Nuppong (hereinafter referred to as the Approval List).

The Government of the city may adjust the Approval List in due time, in accordance with the relevant requirements of the State and the province. The people of the district (market) shall not be able to adapt to the scope and approval authority of the project approval body.

Article IV Development of administrative authorities responsible for the guidance, coordination and management of investment projects approved by the Government within the current administration.

The approval of enterprise investment projects in the context of the Approval List is the responsibility of the executive authorities for development reform, which are approved by the enterprise technology adaptation investment project. The laws, administrative regulations and the Department of State provide otherwise specific provisions for project approval bodies.

The development reform of the administrative authorities and the economic administrative authorities are referred to as the project approval authority.

The relevant industry authorities in the municipalities and districts (markets) areas should be aligned with the Government's approval of investment project management in accordance with their respective responsibilities.

Article 5

Article 6 project approval authorities shall not interfere with market prospects for investment projects in enterprises, economic benefits, financing and product technology programmes, etc. shall be autonomous and self-responsive matters.

Article 7. The project application report should include the following key elements:

(i) Status of project units;

(ii) The proposed construction project;

(iii) Resource utilization and ecological environmental impact analysis;

(iv) Economic and social impact analysis;

The project application reports should be consistent with the requirements of the country-mandated project application for the reporting of generic or industrial model texts.

Article 8

(i) A project to obtain national land use rights in a manner that is allocated to obtain a candidate for the project by the urban and rural planning administrative authorities;

(ii) With regard to new construction sites or sea-based projects, access to sea-based, pre-trial opinions by land resources or by ocean administration authorities, without involving new construction sites or sea-based projects that have been approved for alterations, expansions within or within the sea, may not be carried out or pre-trial, subject to the provision of land-use certificates to project approval authorities or authorizations for maritime use;

(iii) Within the scope of the State-mandated heavy project, the environmental impact evaluation documents are obtained by environmental protection or by ocean administration authorities.

In addition to the preceding paragraph, legislation, administrative regulations stipulate that water conservation programmes, environmental impact evaluation, marine environmental impact evaluation, energy review, etc. should be obtained prior to the start-up of the enterprise investment project, and approval of the project.

The law, administrative regulations provide otherwise for the contents of the preceding paragraphs.

Article 9. Requests the Government to approve investment projects, and the project unit shall submit to the appropriate project approval bodies, in accordance with the approval authority provided for in the Approval List, the report on the application of the project and the approval document provided for in article 8, paragraph 1, of the present methodology (hereinafter referred to as an application), and the authenticity of the substance of the application, without concealing the facts and providing false requests.

Projects that fall within the scope of approval by the Government of the urban population, the project unit's application could be transferred by the project approval authority of the Government of the People's Party at the district level of the project site, and the project approval authority responsible for the referral should be presented to the municipal project approval authority within 10 days of receipt of the trans-shipment material. The referral is not considered admissible as approved by the project.

Article 10 requires that the project approval authority be fully and in accordance with the provisions; that the application is not fully or incompatible with the provision, and that the project approval body shall communicate to the project unit all the elements that are being filled within three days of the date of receipt of the request.

The project approval body shall receive or be in a position to request the material and shall be given a written certificate indicating the date specified by the specialized seal of the Gégué organs.

The Article 11 project approval body shall, within 15 days of the date of receipt of the request, decide whether it has been approved in writing.

The technical complexity of the approval of the project cannot be decided within 15 days and, with the approval of the project approval authority, the appropriate extension may be extended. However, the extension period is up to seven days. The project approval authority shall communicate the extension time frame and the reasons for writing to the project unit.

Projects that fall within the scope of approval by the Government of the city, except those transferred by the project approval authority at the project site, the project approval authority shall seek the views of the project approval authority at the district level of the project area. The approval authority of the project at the district level of the People's Government project at the project site shall provide a written response within 10 days of the date of receipt of the request. The time for consultation is not taken into account in the time frame set out in paragraph 1.

The projects approved by States, provinces are implemented in accordance with the relevant national, provincial provisions.

Article 12. With regard to approval of projects involving industry management, the project approval authority shall request written advice from the relevant industry management.

The relevant industry management shall submit written replies within five days of the date of receipt of the written notice.

Article 13. Approval of project technology is particularly complex, and the project approval body may, within three days of the date of receipt of the application, select the engineering advisory body with the corresponding qualifications and entrust it with an assessment. The assessment should be carried out by law. The cost of the assessment is borne by the project approval body entrusted with the assessment and included in the current financial budget. The project approval authority should inform the project unit in writing of the time required for the assessment. The assessment of the time required does not take into account the time frame set out in article 10 of this approach.

The delegated engineering advisory body shall provide an assessment report within the time frame set out in the assessment agreement and shall be responsible for the authenticity of the assessment report and prohibit the provision of false assessment reports.

The engineering advisory body for the preparation of the project application shall not assume the assessment of the same project; the construction advisory body shall have control units, management relations or lead to the same person and shall not assume the project evaluation of the project unit.

Article 14. Approval projects may have a significant impact on the public interest, and the project approval authority shall, prior to the approval of the decision, seek the public opinion in an appropriate manner; expert review may be organized for special projects. The time frame set out in article 10 of this approach is not taken into account by the request for public advice and expert review.

The project approval body shall seek public advice or expert review and shall inform the project unit in writing of the time required for consultation, review and inform the society in appropriate ways, inter alia, of public opinion and adoption or the findings of expert review.

Article 15. Approval of the project to meet the following conditions, and approval by the organ shall be made in accordance with the law:

(i) In line with national macro-controlled policies;

(ii) In line with development planning, industrial policies, technology policies and access standards;

(iii) It is in line with reasonable development and effective use of resources;

(iv) Does not affect national security, economic security and ecological safety;

(v) No significant adverse impact on the public interest;

(vi) Other conditions under the law, regulations.

External investment projects, in addition to meeting the preceding paragraph, should also be in line with the relevant provisions of the National Foreign Commercial Investment Industry Guidance List, capital project management and external debt management.

The Article 16 project approval authority shall, within five days of the date of the approval of the decision, communicate the right to apply for administrative review or administrative proceedings in accordance with the law.

The approval of project approval documents by the project approving authority or the non-approval of decisions shall be accompanied by the relevant administrative authorities at the same level.

The approval of the project or the non-approval of the decision shall be in accordance with the text of national provisions.

The valid period for the approval of the project under Article 17 is two years. The period of effectiveness is calculated from the date of the approval of the decision by the project approval body.

The project unit does not carry out work during an effective period and shall submit a written extension request to the original approval authority prior to the expiration of the expiry of thirty-first session, the extension request shall be up to once and the extension period shall not exceed one year.

The original project approval body shall make a decision on whether to grant the extension prior to the expiration of the effective period and shall document accordingly.

In one of the following cases, the project unit shall submit a written change application to the original project approval body in a timely manner:

(i) Changes in project construction locations;

(ii) The scale of project construction and the changes in content;

(iii) Adjustment of other elements of the project approval document.

The request for change should be accompanied by written advice from the relevant administrative authorities in relation to changes.

The original project approval authority shall, within 10 days of the date of receipt of the request for change, provide written confirmations based on the specific circumstances of the project; changes in the project may have a significant adverse impact on the economy, society, the environment, etc., and shall inform the project unit of the process of reapproval in accordance with this approach.

The Article 19 project approval authority should be guided by the principles of ownership, efficiency, the development and publication of the Guide to Conduct, specifying the information approved by the project, the manner in which it is admissible, the conditions for review, the processing process, the time frame for processing, and the content of the project unit.

Article 20 shall be open to the relevant industry authorities, in accordance with the relevant requirements of the State and the province, to develop a unified government approval network system for investment project management, to initiate online applications, receipt, processing, and to achieve the approval process and approval of decisions, except for legal, regulatory provisions.

The Article 21 project approval authority shall establish a government-approved investment project credit information management system with other relevant industry authorities, strengthen the approval of activities, ex post facto inspection and regulation, record poor credit information and violations under this approach, such as project units, engineering advisory bodies, review experts, and social disclosure.

In violation of article 9, paragraph 1, of this approach, the project unit conceals the facts or provides false requests for material, is inadmissible or approved by the project approval body and gives warnings; has been withdrawn by law of the project approval document and fined by over three million yen.

Article 23, in violation of article 13 of this approach, provides that the engineering advisory body and its staff have made false assessment reports, are being responsibly ordered by the industrial authorities and fines for more than three thousand dollars of the direct responsible person; and may impose a fine of up to three0,000 dollars of the PSC advisory bodies; in exceptional circumstances, resulting in losses and liability under the law; and constitute criminal liability.

Article 24, in violation of article 14 of this approach, provides that the approval of the project and its staff, the non-organization of a public opinion or expert review, shall be converted by a superior administrative authority or an inspectorate; in the event of serious consequences, the administrative disposition of persons directly responsible and other persons directly responsible is provided by law.

Article 25, in violation of this approach, provides that the approval of the project, the relevant industry authorities and their staff, play a role in negligence, abuse of authority, bribes, and is rectified by the Government of the people at this level, to inform the responsible person directly responsible and to other direct responsible persons, shall be treated in accordance with the law; constitutes an offence and criminal responsibility.

Article 26, in violation of the provisions of this approach, provides that the provisions of the law, legislation and regulations have been imposed on penalties.

Article 27 projects investing in non-commercial organizations such as business units, social groups are implemented in accordance with this approach.

External investment projects are implemented in accordance with relevant national provisions.

The twenty-eighth approach is implemented effective 1 December 2015. The Approval of the Investment Project in the City of Inputy (No. 126 of the People's Government Order No. 126) was also repealed.