Administrative Measures for Approval and Record-filing of Enterprise Invested Projects
Administrative Measures for Approval and Record-filing of Enterprise Invested Projects
Administrative Measures for Approval and Record-filing of Enterprise Invested Projects
Order of the National Development and Reform Commission No.2
March 8, 2017
Adopted at the executive meeting of the National Development and Reform Commission upon deliberation, the Administrative Measures for Approval and Record-filing of Enterprise Invested Projects is hereby promulgated and come into force as of April 8, 2017.
He Lifeng, Chairman of the National Development and Reform Commission
Administrative Measures for Approval and Record-Filing of Enterprise Invested Projects
Chapter I General Provisions
Article 1 These Measures are enacted according to the Administrative Licensing Law of the People's Republic of China, the Administrative Regulations on the Approval and Record-filing of Enterprise Investment Projects and other relevant laws and regulations, with a view to effectively giving enterprises the autonomy over investment, regulating the approval and record-filing of enterprise invested projects by the government, facilitating efficient services and effective management, lawfully protecting the legitimate rights and interests of enterprises.
Article 2 For the purpose of these Measures, enterprise invested projects (a "project" or "projects") refer to fixed-asset investment projects invested in and developed within the territory of China by enterprises, including self-funded projects, and those financed by the enterprise itself as well as government investment subsidies or interest-subsidized loans, etc.
Where a project seeks government investment subsidies or interest-subsidized loans, a finance application shall be submitted upon going through the approval or record-filing process.
Article 3 Competent investment departments of the people's government at or above the county level are responsible for the general administration of projects.
Other departments of the people's government at or above the county level shall, pursuant to the laws and regulations, undertake corresponding administrative duties for projects according to the division of responsibilities by the people's government.
Article 4 Projects are subject to either an approval or a record-filing process in light of their particulars.
Projects relating to national security, national layout of major productive forces, strategic resource development or major public interests, etc. are subject to the approval process. And other projects are subject to the record-filing process.
Article 5 The scope of projects subject to the approval process, the approving authorities and powers shall be determined by the State Council in the Catalogue of Investment Projects Subject to Government Approval (the "Catalogue of Approval"), except where the scope and powers are otherwise specified by laws, administrative regulations and the State Council.
Produced by the investment department under the State Council, together with relevant authorities upon deliberation, The Catalogue of Approval comes into force upon the approval of the State Council and may be adjusted properly in accordance with the specific situation.
Without the approval of the State Council, all departments and local authorities may not adjust the project scope and approving powers defined in the Catalogue of Approval at their own discretion.
Article 6 Unless otherwise stipulated by the State Council, projects subject to the record-filing process shall be filed with local governments.
All provincial governments are responsible for formulating administrative measures for record filing of projects within their own jurisdiction, specifying the record-filing authorities and their powers.
Article 7 According to Paragraph 1 of Article 5 hereof, any administrative authorities having the power to approve projects are hereinafter collectively referred to as the approval authorities. For the purpose of the Catalogue of Approval, the investment department under the State Council refers to the National Development and Reform Commission; as for the projects subject to approval by provincial and local governments under the Catalogue of Approval, the specific approval authorities shall be determined by the provincial governments.
Approval of projects by approval authorities falls under the administrative licensing category, and the expenditure for implementing the administrative licensing shall be financed by the local governments.
All the administrative authorities having the power to file projects as separately specified by the State Council as well as by the provincial governments are hereinafter referred to as the record-filing authorities.
Article 8 The market prospect, economic benefit, source of funds and product and technological plans of a project shall be determined at the enterprises' own risk and discretion, and the approval, record-filing and other administrative authorities may not illegally intervene the enterprises' exercise of autonomy over investment projects.
Article 9 The approval or record-filing authorities and their staff shall review and approve or make a filing for projects by law without adding or removing any review requirements at their own discretion or beyond time limit.
Article 10 The approval and record-filing authorities shall, adherent to the principle of convenience and high efficiency, improve work efficiency and provide first-class services.
The approval and record-filing authorities shall formulate and release service guidelines, specifying the application documentation, required attachments, acceptance methods, review requirements, handling procedure and time limit for project approval, as well as the required information and handling procedure for record filing to improve transparency and guide and serve enterprises.
Article 11 Relevant departments of the people's governments at or above the county level shall, according to the relevant laws and regulations and provisions stipulated by the people's government, develop the supervisory system for the approval and record-filing authorities, and intensify the supervisory inspection of the approval and record filing of projects.
Governments at all levels and the corresponding relevant departments shall, pursuant to the relevant laws and regulations and provisions, conduct supervision over enterprises engaged in fixed-asset investments.
Any units and individuals may report to the relevant departments on any violation of laws and rules found in the process of approval, record-filing or construction of projects. And the relevant departments shall investigate and handle such reports in a timely manner.
Article 12 The approval and record-filing of projects other than those involving national secrets shall be conducted online through the National Online Investment Project Approval and Supervision Platform (the "Online Platform") from application acceptance, handling to supervision and service, making the process and the results available for inquiry and supervision.
Article 13 The approval and record-filing authorities and other relevant departments shall deal with relevant formalities with the project codes generated by the online platform.
A unique code is generated for each project submitted to the online platform as the identity of the project in its entire life cycle. Information on project review, supervision (penalty) and the key information regarding project implementation are collected under the project code which is connected to the Social Credit System as the basis for follow-up supervision.
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Order of the National Development and Reform Commission No.2
March 8, 2017
Adopted at the executive meeting of the National Development and Reform Commission upon deliberation, the Administrative Measures for Approval and Record-filing of Enterprise Invested Projects is hereby promulgated and come into force as of April 8, 2017.
He Lifeng, Chairman of the National Development and Reform Commission
Administrative Measures for Approval and Record-Filing of Enterprise Invested Projects
Chapter I General Provisions
Article 1 These Measures are enacted according to the Administrative Licensing Law of the People's Republic of China, the Administrative Regulations on the Approval and Record-filing of Enterprise Investment Projects and other relevant laws and regulations, with a view to effectively giving enterprises the autonomy over investment, regulating the approval and record-filing of enterprise invested projects by the government, facilitating efficient services and effective management, lawfully protecting the legitimate rights and interests of enterprises.
Article 2 For the purpose of these Measures, enterprise invested projects (a "project" or "projects") refer to fixed-asset investment projects invested in and developed within the territory of China by enterprises, including self-funded projects, and those financed by the enterprise itself as well as government investment subsidies or interest-subsidized loans, etc.
Where a project seeks government investment subsidies or interest-subsidized loans, a finance application shall be submitted upon going through the approval or record-filing process.
Article 3 Competent investment departments of the people's government at or above the county level are responsible for the general administration of projects.
Other departments of the people's government at or above the county level shall, pursuant to the laws and regulations, undertake corresponding administrative duties for projects according to the division of responsibilities by the people's government.
Article 4 Projects are subject to either an approval or a record-filing process in light of their particulars.
Projects relating to national security, national layout of major productive forces, strategic resource development or major public interests, etc. are subject to the approval process. And other projects are subject to the record-filing process.
Article 5 The scope of projects subject to the approval process, the approving authorities and powers shall be determined by the State Council in the Catalogue of Investment Projects Subject to Government Approval (the "Catalogue of Approval"), except where the scope and powers are otherwise specified by laws, administrative regulations and the State Council.
Produced by the investment department under the State Council, together with relevant authorities upon deliberation, The Catalogue of Approval comes into force upon the approval of the State Council and may be adjusted properly in accordance with the specific situation.
Without the approval of the State Council, all departments and local authorities may not adjust the project scope and approving powers defined in the Catalogue of Approval at their own discretion.
Article 6 Unless otherwise stipulated by the State Council, projects subject to the record-filing process shall be filed with local governments.
All provincial governments are responsible for formulating administrative measures for record filing of projects within their own jurisdiction, specifying the record-filing authorities and their powers.
Article 7 According to Paragraph 1 of Article 5 hereof, any administrative authorities having the power to approve projects are hereinafter collectively referred to as the approval authorities. For the purpose of the Catalogue of Approval, the investment department under the State Council refers to the National Development and Reform Commission; as for the projects subject to approval by provincial and local governments under the Catalogue of Approval, the specific approval authorities shall be determined by the provincial governments.
Approval of projects by approval authorities falls under the administrative licensing category, and the expenditure for implementing the administrative licensing shall be financed by the local governments.
All the administrative authorities having the power to file projects as separately specified by the State Council as well as by the provincial governments are hereinafter referred to as the record-filing authorities.
Article 8 The market prospect, economic benefit, source of funds and product and technological plans of a project shall be determined at the enterprises' own risk and discretion, and the approval, record-filing and other administrative authorities may not illegally intervene the enterprises' exercise of autonomy over investment projects.
Article 9 The approval or record-filing authorities and their staff shall review and approve or make a filing for projects by law without adding or removing any review requirements at their own discretion or beyond time limit.
Article 10 The approval and record-filing authorities shall, adherent to the principle of convenience and high efficiency, improve work efficiency and provide first-class services.
The approval and record-filing authorities shall formulate and release service guidelines, specifying the application documentation, required attachments, acceptance methods, review requirements, handling procedure and time limit for project approval, as well as the required information and handling procedure for record filing to improve transparency and guide and serve enterprises.
Article 11 Relevant departments of the people's governments at or above the county level shall, according to the relevant laws and regulations and provisions stipulated by the people's government, develop the supervisory system for the approval and record-filing authorities, and intensify the supervisory inspection of the approval and record filing of projects.
Governments at all levels and the corresponding relevant departments shall, pursuant to the relevant laws and regulations and provisions, conduct supervision over enterprises engaged in fixed-asset investments.
Any units and individuals may report to the relevant departments on any violation of laws and rules found in the process of approval, record-filing or construction of projects. And the relevant departments shall investigate and handle such reports in a timely manner.
Article 12 The approval and record-filing of projects other than those involving national secrets shall be conducted online through the National Online Investment Project Approval and Supervision Platform (the "Online Platform") from application acceptance, handling to supervision and service, making the process and the results available for inquiry and supervision.
Article 13 The approval and record-filing authorities and other relevant departments shall deal with relevant formalities with the project codes generated by the online platform.
A unique code is generated for each project submitted to the online platform as the identity of the project in its entire life cycle. Information on project review, supervision (penalty) and the key information regarding project implementation are collected under the project code which is connected to the Social Credit System as the basis for follow-up supervision.
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