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I. As to a project within the Catalogue of the Fixed Assets Investment Projects that the National Development and Reform Commission Reports upon Verification to the State Council for Verification or Examination and Approval (for Trial Implementation) (Attachment to Document No. 1927 [2004] of the National Development and Reform Commission, hereinafter referred to as the Catalogue) that complies with the requirements of the planning of industrial and special development and construction as approved according to the relevant state provisions as well as industrial policies and obtains the consensus of the relevant parties concerned, the National Development and Reform Commission shall conduct examination and approval or verification in collaboration with other relevant department and report it to the State Council for archival filing. When a project is reported to the State Council for archival filing, the relevant opinions of such related units and entities as the Ministry of State Land and Resources, the State Environmental Protection Administration, the administrative department of the sector involved, other relevant departments, the provincial people's government or the administrative department of investment thereof as well as the relevant bank and the opinions on appraisal and argumentation as produced by the consulting institution, as well as the statement of the National Development and Reform Commission on the compliance of the project with the planning of development and construction as well as with the industrial policies shall be attached. II. As to a project under any of the following circumstances within the Catalogue, the National Development and Reform Commission shall, in collaboration with the relevant departments, put forward preliminary opinions on examination and approval or verification and report them to the State Council for examination and approval or verification: (1) A project beyond the development and construction planning; (2) A project as restricted by the industrial policies; (3) A project that meets the provisions of Article 1 yet is of special nature and great influence; (4) A project, for which the opinions of the relevant parties are inconsistent yet which is a necessity in respect of the overall economic and social development; or (5) A project that the State Council expressly requires to be reported for examination and approval or verification. III. The examination and approval or verification of the communications planning and projects of urban express rail transport shall be handled in respect of two circumstances: Firstly, as to such cities as Beijing, Shanghai, Guangzhou and Shenzhen with admirable economic strength, communications projects of urban express rail transport as well as the relevant experience on operation and management, the planning and projects of urban express rail transport shall be subject to the examination and approval or verification of the National Development and Reform Commission and be reported to the State Council for archival filing; Secondly, as to any other city, the communications planning of urban express rail transport shall be reported upon verification by the National Development and Reform Commission to the State Council for examination and approval. A specific project shall be subject to the examination and approval or verification of the National Development and Reform Commission and be reported to the State Council for archival filing. IV. A project whose proposal had been adopted upon deliberation at the executive meeting of the State Council before the Decision of the State Council on Reforming the Investment Mechanism came into force shall be handled according to the aforesaid provisions, as is the general principle, namely, a project whose feasibility report or project application report meets the requirements of the development and construction planning as well as industrial policies and consensus has been reached among the relevant parties concerned within or beyond the Catalogue; As to a project under the Catalogue that fails to meet the aforesaid requirements or has any large adjustment on investment scale, land use, environmental impact and funding of the original plan in the phase of feasibility research shall be reported upon verification by the National Development and Reform Commission to the State Council for examination and approval. V. A liability investigation system of government investment shall be established and improved step by step. A supervision system of enterprise investment shall be established and improved in collaboration. The relevant entities relating to the examination and approval, verification and implementation of projects shall each perform their own duties and functions: (1) The development and reform department: Being responsible for the examination and approval (verification) of projects as well as the examination opinions of the State Council upon examination and approval (verification) and being mainly responsible for whether a project meets the state policies for macro control, development and construction planning and industrial policies, whether a project safeguards the economic security and public interest, whether the exploitation and utilization of resources is reasonable and whether the potential monopoly is effectively prevented; (2) The administrative department of environment: Being responsible for whether a project meets the requirements of laws and regulations of environmental impact appraisal, whether a project meets the division of environmental functions and whether the measures for environmental protection can effectively control the environmental pollution and prevents any ecological damage; (3) The administrative department of state land and resources: Being responsible for whether a project meets the overall planning of land utilization and state policies for land supply, whether the scale of land use meets the relevant provisions and requirements for control, whether the plan of supplementing arable land is feasible and whether the exploitation and utilization of such resources as land and minerals is reasonable; (4) The administrative department of city planning: Being responsible for whether a project meets the requirements for city planning and whether the selection of locale is reasonable; (5) The relevant administrative department of the sector: Being responsible for whether a project satisfies the relevant state laws and regulations, industrial development and construction planning as well as the relevant provisions on industrial administration; (6) Any other administrative department: Being responsible for whether a project meets the state laws and regulations as well as the relevant provisions of the State Council; (7) Financial institutions: Taking charge of the credit examination for a project, for which a loan is applied and be responsible for the risks of the loans; (8) Consulting institutions: Being responsible for the conclusions of consulting appraisal; (9) Project (legal person) entity: Being responsible for whether the procedures for project application meets the relevant provisions, whether the application materials are authentic, whether the construction is carried out according to the procedures for examination and approval or verification and taking such risks of the investment projects in respect of funding, technical schemes, market prospective and economic benefits. |
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