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In order to implement the Circular of the General Office of the State Council on Forwarding the Opinions of the Ministry of Foreign Trade and Economic Cooperation and Other Departments on Further Encouraging Foreign Investment (No.3 (1999) Promulgated by the General Office of the State Council), we hereby notify relevant matters concerning foreign investment projects in the encouraged category requiring national comprehensive balancing, and enlarging the local approval power of foreign investment projects in the encouraged category requiring no national comprehensive balancing as follows: I. FOREIGN INVESTMENT PROJECTS IN THE ENCOURAGED CATEGORY REQUIRING NATIONAL COMPREHENSIVE BALANCING Any project prescribed in the encouraged category of the Catalogue of Industries for Guiding Foreign Investment (Amended 1997) that meets any of the following conditions shall be deemed as a foreign investment project requiring national comprehensive balancing: (1) Any foreign investment project that requires any investment within the budget of the CPC Central Committee, any loan from any state policy bank, the Industry and Commerce Bank of China, the Construction Bank of China, the Bank of China and the Agricultural Bank of China and enjoys the treatment of loans of capital construction and technical innovation as supported by the state interest subsidy, or any joint-venture or contractual project that utilizes the aforesaid investment and state-owned assets as formed by sovereignty external debt investment in cooperation with any foreign investor; (2) Any foreign investment project of importance to the nation's economy and the people's livelihood and the distribution of productive forces: 1. Infrastructure projects, including railways, highways, bridges, channels, harbors, civil airports, pipeline transportation, urban subways and light rails, heat power stations, nuclear power stations, and key water reservation projects for comprehensive utilization (including hydroelectricity projects); 2. Major industrial projects, including the manufacture of traffic facilities for urban tracks, production of auto gearboxes for automobiles and such production projects of oil-refining, petrochemicals, paper pulp, cement, plate glass, chemical fiber and the raw materials thereof, dictate and tobacco tows, chemical fertilizers and pesticides; 3. Electronic equipments and communications projects, including the production of digital mobile telecommunication products, manufacture of synchronous serial transmission equipments of 2.5Gb/s or above, manufacture of asynchronous transfer mode exchange equipments, manufacture of digital interconnection equipments, manufacture of equipments for data communication multi-media system, manufacture of new technical equipments for the support of communication networks, manufacture of communication equipments for access networks, manufacture of equipments for broadband integrated services digital networks (ISDN), manufacture of single-mode optical fibers, manufacture of satellite communication equipments, manufacture of new display devices ( plate display and screen), production of compatible digital TV sets and high-resolution TV sets, and manufacture of air traffic control equipments; 4. Aeronautical and astronautic projects, including the design and manufacture of civil planes, manufacture of aero-engines and onboard equipments, manufacture of light weight gas turbines, design and manufacture of civil satellites and the parts and payload thereof and the development of applied technology, as well as the design and manufacture of civil carrier satellites; 5. Mining projects, including the exploration and mining of gold and the exploitation and utilization of rare-earth metal; (3) Any project whose land use shall be reported to the State Council for examination and approval as provided by relevant laws and regulations, any project of forestry land use, and any project that may highly consume fresh water resources or may destroy or pollute fresh water resources; (4) Any project requiring import or export quota or any license of the state; or (5) Any pilot project in new foreign investment mode as introduced by the state, or as opened in any new field. II. FOREIGN INVESTMENT PROJECTS IN THE ENCOURAGED CATEGORY REQUIRING NO NATIONAL COMPREHENSIVE BALANCING Any foreign investment project prescribed in the encouraged category of the Catalogue of Industries for Guiding Foreign Investment (Amended 1997), except those as mentioned above, shall all be classified into the foreign investment projects requiring no national comprehensive balancing. III. OTHER MATTERS ABOUT THE EXAMINATION AND APPROVAL AND ARCHIVAL FILING OF FOREIGN INVESTMENT PROJECTS (1) Any foreign investment project in the encouraged category of the Catalogue of Industries for Guiding Foreign Investment that is beyond the limit of those requiring national comprehensive balancing (including those of exploration and exploitation of gold, exploitation and utilization of heng-earth within the limits) shall remain subject to the examination and approval procedure of reporting to relevant departments of the state for examination and approval. The examination and approval procedure and power for approving those foreign investment projects within the power limit of the permitted, restricted and encouraged categories shall remain the same. (2) Any foreign investment project in the encouraged category beyond the limits of those requiring national comprehensive balancing may be subject to the examination and approval of the province, autonomous region, municipality directly under the Central Government and city separately listed on the state planning on its own. The power of examination and approval shall not be handed down level by level any more. The approval documents of project proposal and feasibility study report of such a project shall, according to the project nature, be reported to the State Planning Commission or the State Economic and Trade Commission for archival filing. Where the State Planning Commission and the State Economic and Trade Commission have no demurral within 1 month as of the date of acceptance of the said approval documents, it shall be deemed as agreement, the initial-stage work of the project may proceed. In order to do a good connection job for archival filing, relevant departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities separately listed on the state planning shall, after the approval documents for archival filing are sent out, confirm whether or not the department at a higher level has received such documents. The handing down of the approval power for foreign investment projects in the encouraged category requiring no national comprehensive balancing is a positive measure as taken by the State Council for the purpose of deepening the opening-up and attracting foreign investment. The relevant departments of all provinces, autonomous regions, municipalities directly under the Central Government and citied separately on the state planning shall do a good job in this regard. Where any department finds any problem or any other foreign investment project that requires national comprehensive balancing in its implementation, it shall report to the administrative department at a higher level in a timely manner. In the event of fragmenting any project, granting approval beyond one's power limit or redundant construction, the approval departments shall be subject to liabilities. |
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