Circular of the State Council on Promulgating the Catalogue of Investment Projects Subject to the Approval of Governments (2016 Version)
Circular of the State Council on Promulgating the Catalogue of Investment Projects Subject to the Approval of Governments (2016 Version)
Circular of the State Council on Promulgating the Catalogue of Investment Projects Subject to the Approval of Governments (2016 Version)
Guo Fa [2016] No. 72
December 12, 2016
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and ministries, commissions and departments directly under the State Council:
In order to thoroughly implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening the Reform of the Investment and Financing System, deepen the reform of streamlining administration, delegating power, strengthening regulation and improving services, enable the market to play a decisive role in resource allocation, better play the role of the government, thoroughly transform the government's function in investment management, strengthen and improve macroeconomic regulation and control, establish the dominant position of the enterprises in investment, stimulate market players' vitality in expanding rational and effective investment and promoting innovation and entrepreneurship, we promulgate the Catalogue of Investment Projects Subject to the Approval of Governments (2016 Version) (the "Catalogue"). The relevant matters are hereby notified as follows:
I. Where enterprises intend to invest in the construction of fixed-assets investment projects listed in the Catalogue, they shall submit the relevant projects to the project approval authorities for approval in compliance with the relevant provisions. Where enterprises intend to invest in the construction of projects outside the Catalogue, such projects shall be subject to registration administration. The projects invested in construction by public institutions and social groups shall be governed by this Catalogue.
Projects for exploiting crude oil, natural gas (including coalbed methane) shall be subject to the decisions made by enterprises with mining rights at their discretion and submitted to the industrial administrative department under the State Council for registration. Relevant enterprises with mining rights shall adhere to overall planning, exploit and rationally utilize resources to avoid disorderly exploitation of resources in accordance with the relevant laws and regulations.
II. Laws, administrative regulations, and the development plans, industrial policies, total quantity control objectives, technical policies, access standards, land use policies, environmental protection policies, policies for the use of sea and island areas and credit policies laid down by the State shall provide an important basis for enterprises to carry out the preliminary work of projects, and the basis for the project approval authorities, the departments of land resources, environmental protection, urban-rural planning, marine management and industrial administration, as well as financial institutions to conduct a review of projects.
The development and reform departments shall work closely with the relevant departments to formulate and improve special plans for the relevant sectors and provide the basis for the project approval work carried out by the competent department in each region.
The environmental protection departments shall carry out hierarchical and classified management of projects based on their impacts on the environment, strictly grant environmental impact assessment approval to projects with significant impacts on the environment or high risks and tighten in-event and post-event regulation.
III. We shall give full play to the regulatory and guiding role of the development planning, industrial policies and access standards in investment activities. Specifically speaking, we shall treat the development planning as an important means to guide investment orientation, stabilize investment operation, standardize project access, optimize project layout, and rationally allocate fund, land, energy, manpower and other resources; improve the catalogue of the guidance on industrial structure adjustments and the catalogue of the guidance on the foreign investment sectors, etc. to provide basis and guidance for enterprise investment activities; build more scientific, perfect and operable industrial access standard systems, and raise the market access standards for land, energy and water-saving, environment, technology, security, etc.; improve the industrial macro-control policies and measures and inter-departmental coordination mechanism to form work synergy and promote the orderly development of related industries.
IV. Projects in industries with serious overcapacity such as the steel, electrolytic aluminum, cement, plate glass and vessel industries shall be strictly governed by the Guiding Opinions of the State Council on Resolving the Conflict of Rampant Overcapacity (Guo Fa [2013] No.41). The local governments and authorities shall not register any project for expanding capacity in any other name or by any other means. The relevant authorities and agencies shall not conduct business related to approval for land (e.g. sea areas and uninhabited islands) supply, energy conservation assessment and environmental impact assessment, and new credit support, and work together to resolve the conflict of rampant overcapacity and carry out other work.
For the coal mine projects, we shall strictly abide by the provisions of the Opinions of the State Council on Resolving the Overcapacity of the Coal Industry to Achieve a Development by Extricating the Coal Industry from Difficulties (Guo Fa [2016] No.
......
Guo Fa [2016] No. 72
December 12, 2016
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and ministries, commissions and departments directly under the State Council:
In order to thoroughly implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening the Reform of the Investment and Financing System, deepen the reform of streamlining administration, delegating power, strengthening regulation and improving services, enable the market to play a decisive role in resource allocation, better play the role of the government, thoroughly transform the government's function in investment management, strengthen and improve macroeconomic regulation and control, establish the dominant position of the enterprises in investment, stimulate market players' vitality in expanding rational and effective investment and promoting innovation and entrepreneurship, we promulgate the Catalogue of Investment Projects Subject to the Approval of Governments (2016 Version) (the "Catalogue"). The relevant matters are hereby notified as follows:
I. Where enterprises intend to invest in the construction of fixed-assets investment projects listed in the Catalogue, they shall submit the relevant projects to the project approval authorities for approval in compliance with the relevant provisions. Where enterprises intend to invest in the construction of projects outside the Catalogue, such projects shall be subject to registration administration. The projects invested in construction by public institutions and social groups shall be governed by this Catalogue.
Projects for exploiting crude oil, natural gas (including coalbed methane) shall be subject to the decisions made by enterprises with mining rights at their discretion and submitted to the industrial administrative department under the State Council for registration. Relevant enterprises with mining rights shall adhere to overall planning, exploit and rationally utilize resources to avoid disorderly exploitation of resources in accordance with the relevant laws and regulations.
II. Laws, administrative regulations, and the development plans, industrial policies, total quantity control objectives, technical policies, access standards, land use policies, environmental protection policies, policies for the use of sea and island areas and credit policies laid down by the State shall provide an important basis for enterprises to carry out the preliminary work of projects, and the basis for the project approval authorities, the departments of land resources, environmental protection, urban-rural planning, marine management and industrial administration, as well as financial institutions to conduct a review of projects.
The development and reform departments shall work closely with the relevant departments to formulate and improve special plans for the relevant sectors and provide the basis for the project approval work carried out by the competent department in each region.
The environmental protection departments shall carry out hierarchical and classified management of projects based on their impacts on the environment, strictly grant environmental impact assessment approval to projects with significant impacts on the environment or high risks and tighten in-event and post-event regulation.
III. We shall give full play to the regulatory and guiding role of the development planning, industrial policies and access standards in investment activities. Specifically speaking, we shall treat the development planning as an important means to guide investment orientation, stabilize investment operation, standardize project access, optimize project layout, and rationally allocate fund, land, energy, manpower and other resources; improve the catalogue of the guidance on industrial structure adjustments and the catalogue of the guidance on the foreign investment sectors, etc. to provide basis and guidance for enterprise investment activities; build more scientific, perfect and operable industrial access standard systems, and raise the market access standards for land, energy and water-saving, environment, technology, security, etc.; improve the industrial macro-control policies and measures and inter-departmental coordination mechanism to form work synergy and promote the orderly development of related industries.
IV. Projects in industries with serious overcapacity such as the steel, electrolytic aluminum, cement, plate glass and vessel industries shall be strictly governed by the Guiding Opinions of the State Council on Resolving the Conflict of Rampant Overcapacity (Guo Fa [2013] No.41). The local governments and authorities shall not register any project for expanding capacity in any other name or by any other means. The relevant authorities and agencies shall not conduct business related to approval for land (e.g. sea areas and uninhabited islands) supply, energy conservation assessment and environmental impact assessment, and new credit support, and work together to resolve the conflict of rampant overcapacity and carry out other work.
For the coal mine projects, we shall strictly abide by the provisions of the Opinions of the State Council on Resolving the Overcapacity of the Coal Industry to Achieve a Development by Extricating the Coal Industry from Difficulties (Guo Fa [2016] No.
......