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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CONTENTS AND PREPARATION OF PROJECT APPLICATION REPORTS CHAPTER III EXAMINATION AND APPROVAL PROCEDURES CHAPTER IV STANDARDS FOR EXAMINATION AND VALIDITY OF APPROVAL CHAPTER V LEGAL RESPONSIBILITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are formulated in accordance with the Administrative Licensing Law of the People's Republic of China and the Decision of the State Council on Reforming the Investment System for the purpose of meeting the need of improving the socialist market economy system and further promoting the reform in the administration of enterprises' investment projects. Article 2. The state shall work out and issue a Catalogue of Investment Projects Subject to Approval of the Government (hereinafter referred to the "Catalogue"), which shall specify the scope of the investment projects that shall be subject to examination and approval and define the authority limits for different approving organs and which are subject to timely adjustments based on the economic situation and the need of macro control. The "approving organs" referred to in the preceding paragraph means the administrative organs with authority to examine and approve enterprises' investment projects provided in the Catalogue, of which, the "administrative department for investment of the State Council" means the State Development and Reform Commission, the "administrative departments for investment of local governments" refers to the local governments' development and reform commissions (planning commissions) and economic and trade commissions (economic commissions) with the functions of investment administration provided by the local governments. Article 3. To invest in and construct any project subject to examination and approval, an enterprise shall, in accordance with the relevant provisions of the state, prepare a project application report and submit it to the approving organ, which shall make examination and grant approval according to law and strengthen the relevant supervision and administration. Article 4. These Measures shall apply to all investment projects in China except foreign investment projects and overseas investment projects, of which the measures for examination and approval shall be separately formulated. CHAPTER II CONTENTS AND PREPARATION OF PROJECT APPLICATION REPORTS Article 5. The applicant enterprise shall submit to the approving organ a project application report in quintuplicate. The project application report shall be prepared by an agency with the corresponding engineering consultancy credentials and, in the case of a project subject to the examination and approval by the administrative department for investment of the State Council, the project application report shall be prepared by an agency with engineering consultancy credentials of grade A. Article 6. A project application report must contain: (1) the particulars of the applicant enterprise; (2) the particulars of the project; (3) the land to be used and the planning concerned; (4) an analysis of utilization of resources and consumption of energy; (5) an analysis of the impact on ecological environment; and (6) an analysis of economic and social effects. Article 7. The State Development and Reform Commission shall, in light of the actual need, work out and issue model project application reports for major industries and give guidance to the enterprises in their making applications. Article 8. When a project application report is submitted to the approving organ, the following documents shall be submitted together according to the relevant laws and regulations of the state: (1) comments on city planning given by the administrative department of city planning; (2) preliminary comments on land use of the project given by the administrative department of land and resources; (3) comments on the environmental impact assessment documents given by the administrative department of environmental protection; and (4) other documents that may be required by the relevant laws or regulations. Article 9. The applicant enterprise shall be responsible for the authenticity of all submitted documents. CHAPTER III EXAMINATION AND APPROVAL PROCEDURES Article 10. In the case of a project subject to examination and approval by the administrative department for investment of the local government, the applicant enterprise shall submit the project application report to the local approving organ according to the relevant provisions of the local government. In the case of a project to be constructed by an enterprise subordinated to the relevant trade department in charge under the State Council and subject to the examination and approval by such department, the enterprise may submit directly to such department the project application report together with the comments of the administrative department for investment of the government at the provincial level of the place where the project is to be located. In the case of a project to be constructed by an enterprise group specifically designated in the state plan or by an enterprise directly under the administration of the Central Government and subject to the examination of approval by the administrative department for investment of the State Council, the group or the enterprise may submit directly to such department the project application report together with the comments of the administrative department for investment of the government at the provincial level of the place where the project is to be located; in the case of a project to be constructed by any of other enterprises and subject to the examination of approval by the administrative department for investment of the State Council, the enterprise shall submit the project application report to the administrative department for investment of the government at the provincial level of the place where the project is to be located, which shall give comments after making preliminary examination and then submit such comments and the project application report to the administrative department for investment of the State Council (the submission shall be made by the development and reform commission in conjunction with the economic and trade commission or economic commission having the functions of investment administration according to the provisions of the government at the provincial level.) In the case of a project subject to the examination and approval by the State Council, the enterprise shall submit the project application report to the administrative department for investment of the State Council, which shall give comments after making examination and then submit such comments and the project application report to the State Council. Article 11. If the applicant enterprise has failed to submit complete or proper application materials, in the opinion of the approving organ, the approving organ shall, within five working days after receipt of the project application report, notify the applicant enterprise to that effect and require it to make clarification, supplementation or adjustment. After the applicant enterprise has submitted the complete materials properly, the approving organ shall duly accept the application and issue a notice of acceptance to the applicant enterprise. Article 12. If necessary, the approving organ shall, within four working days after acceptance of the application, retain a qualified consultancy agency to make relevant assessment. The consultancy agency engaged shall render an assessment report within the time limit specified by the approving organ and shall be responsible for the assessment result. When making assessment, the consultancy agency may request the applicant enterprise to give explanations with regard to the relevant issues. Article 13. Where it finds in its examination that the functions of any other authorities are involved, the approving organ shall seek opinions from such authorities, which shall provide to the approving organ written comments within seven working days after receipt of the letter of request for comments (together with the project application report); it shall be deemed approval if no such comments have been given within the time limit. Article 14. In the case of a project that may have a serious impact on the public interests, when making its examination, the approving organ shall seek opinions from the public in an appropriate manner. For especially important projects, the specialist appraisal system shall be adopted. Article 15. The approving organ shall, within 20 working days from acceptance of the project application report, make a decision as whether or not to approve the application, and make the decision public or submit its comments to the approving organ at a higher level. Where it is difficult due to any special reason to make a decision within such time limit, the period may be extended for ten working days with the approval of the person in charge of the approving organ and promptly notify the applicant enterprise the reasons for the extension stated. The period specified in the preceding paragraph does not include that required for the assessment by a consultancy agency, seeking opinions from the public or appraisal by the specialists. Article 16. With regard to an approved project, the approving organ shall issue to the applicant enterprise an approval letter with copies thereof sent to the relevant departments and the approving organ at a lower level; for a disapproved project, the approving organ shall issue to the applicant enterprise a disapproval letter with the reasons for disapproval stated, with copies thereof sent to the relevant departments and the approving organ at a lower level. With regard to a project approved by the State Council, the approval letter shall be issued by the administrative department for investment of the State Council. Article 17. Any applicant enterprise disagreeing with the decision of the approving organ may apply for an administrative review or initiate administrative proceedings. CHAPTER IV STANDARDS FOR EXAMINATION AND VALIDITY OF APPROVAL Article 18. The Standards for the examination by the approving organ with regard to the investment projects include: (1) compliance with the laws and regulations of the state; (2) compliance with the national economic and social development planning, planning of the industry, industrial policy, standards for admittance into the industry and the overall land use planning; (3) compliance with the macro control policies of the state; (4) rationality of regional distribution; (5) the major products of the project not constituting a monopoly in the domestic market; (6) no adverse effect on the country's economic security; (7) rational exploitation and effective utilization of resources; (8) effective protection of ecological environment and natural and cultural heritage; and (9) no serious adverse effect on the public interests, especially those in the place where the project is to be located. Article 19. With the approval letter, the applicant enterprise shall go through the formalities for the use of land, utilization of resources, city planning, work safety, import of equipment and confirmation of tax exemption and reduction. Article 20. The validity term of the approval letter shall be two years, starting from the date of issue. Where the construction of any project has failed to start within the validity term of the approval letter for the project, the enterprise concerned shall, 30 days prior to the expiry of the validity term, apply to the original approving organ for extension. The original approving organ shall make a decision as whether or not to permit the extension before the expiry of the validity term. An approval letter shall automatically become invalid upon the expiry of the validity term thereof, if the construction of the project has failed to start within the validity term and no application for extension has been made to the original approving organ. Article 21. Where the content of the approval letter for any project needs to be adjusted, the enterprise concerned shall promptly submit a written report to the original approving organ, which shall, in light of the specific circumstances, issue a confirmation letter or require the enterprise to go through the approval formalities anew. Article 22. None of the authorities for land and resources, environmental protection, city planning, quality supervision, securities regulation, foreign exchange control, supervision and control of work safety, administration of water resources and customs may handle formalities, and no financial institution may grant any loan, for any project that is subject to the examination and approval by the approving organ but for which no application report has been submitted, or for which the application submitted has not been approved. CHAPTER V LEGAL RESPONSIBILITY Article 23. Approving organs and their functionaries shall strictly abide by the relevant provisions of the laws, regulations and these Measures, may not add or reduce under disguised form any matters to be examined, and must conduct the work of examination and approval within the specified time limit. Article 24. Any functionary of the approving organs who abuses his authority, neglect his duties, engages in malpractice for personal benefits, extorts or takes bribes in the work of examination of approval of the investment projects shall be subject to a disciplinary sanction or, if a crime is constituted, to criminal responsibility. Article 25. Any consultancy and assessment agency or any of their personnel who acts contrary to the professional ethics and causes gross losses and baneful effects in the work of assessment shall be subject to corresponding responsibility. Article 26. If any applicant enterprise has obtained an approval letter by unjust means, such as partitioning the project and providing false materials, the approving organ shall cancel the approval letter according to law. Article 27. The approving organs shall strengthen the supervision and control of enterprises' investment projects in conjunction with the authorities for city planning, land and resources, environmental protection, banking regulation and work safety. Where it comes to notice that the construction of any project subject to examination and approval has started without submitting a report for such examination and approval or without an approval letter or without abiding by the requirements by the approval letter, the approving organ shall promptly give an order to stop the construction, with the person liable subject to the legal and administrative responsibilities. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 28. The administrative departments for investment of the governments at the provincial level and the relevant trade departments in charge under the State Council with the examination and approval authority may formulate their respective implementing measures in accordance with the spirit of and requirements of the Administrative Licensing Law of the People's Republic of China, the Decision of the State Council on Reforming the Investment System and these Measures. Article 29. Projects falling into the scope of the Catalogue of Investment Projects Subject to Approval of the Government and to be constructed by any institution or social organization other than an enterprise shall be subject to examination and approval in accordance with these Measures. Article 30. The power to interpret these Measures shall be vested in the State Development and Reform Commission. Article 31. These Measures shall come into force as of the date of promulgation. Where there is any discrepancy between any provisions concerning the examination and approval of enterprises' investment projects made before and these Measures, the latter shall prevail. |
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