The State Council Has Issued A Circular About the Directory of Government Authorized Investment Project (Published in 2014)

2014/10/31 The State Council (issued by the State Council in 2014, number 53)

Each province, municipality, municipality people’s government, ministries and commission under the State Council and each directly affiliated institutions: 

    Now the directory of government authorized investment project (published in 2014) is issued to further deepen the reform of investment system and administrative approval system, increase efforts to streamline administration and institute decentralization, truly transform administration function of government investment, make market play a decisive role in resource allocation, ensure the dominant position of enterprise investment, better play the role of the government, strengthen and improve macro-control,  and the relevant issues are hereby notified as follows: 

    

    1. If enterprises invest the investment projects of fixed assets in this directory, they shall report relevant projects to approval organ for checking and approving according to the rules. About those projects which are invested by enterprises but are not included in this directory, record management for them shall be carried out. Those projects invested by public institution, social organization and so on shall be carried out according to this directory.

    Crude oil and natural gas development projects are decided by enterprises with mining rights on their own but shall report to industry administrating department of the State Council for the record. The relevant enterprises with mining right shall insist on overall planning, rationally exploiting resources and avoiding disorder exploration of resources according to relevant laws and regulations. 

    2. Development planning, industrial policy, objectives of total amount control, technical policy, admittance criterion, land policy, environmental protection policy, credit policy and so on established by laws, administrative laws and regulations and country are important criterion for enterprises to develop earlier-stage work and they are also basis for project approval organ, territorial resources, environmental protection, town and country planning, trade management and other departments and financing institution to investigate the projects. Department of Environmental Protection shall carry out classified administration of influence on environment caused by projects at different levels. Strict EIA approval shall be carried out toward those projects which have high environmental risk and great influence on environment. Besides, supervision in the courses and afterwards shall be strengthened.

    3. “Instruction by the State Council on the resolving contradictory of huge overcapacity problem” (issued by the State Council in 2013, number 41) shall be implemented strictly toward the projects of steel, electrolytic aluminium, cement, sheet glass, shipping and other industries with massive over-capacity. All localities and government departments shall not put projects of new capacity on records under any other name or by any means. Each relevant department and institution shall joint efforts to push forward the works of resolving contradictory of huge overcapacity problem and not handle land (sea area) supply, empowerment evaluation, EIA approval, added credit support and other related services. 

    4. Project approval organ shall improve and perfect regulations, practically improve administrative efficacy, earnestly perform approving duty, investigate strictly according to regulated jurisdiction, procedure, time limit and other requirements. The emphasis of supervision shall simultaneously move down with verifying and registering permission where the local government shall practically perform supervision duty. Related departments shall act in close coordination, divide works according to responsibility, correspondingly improve management methods and legally enhance the supervisions of investment activity. Related departments shall not handle related procedures and financing institution shall not provide credit aid for those projects which are not complied with laws and regulations or verified and put on records not according to statutory power limit and procedures. 

    5. According to the rules the projects which shall be approved by the State Council are submitted to the State Council after the check of the State Development and Reform Commission. According to the rules the projects which are submitted to the State Council for the record shall be submitted after the approval of the State Development and Reform Commission. The projects submitted to the State Council or the investment department in charge of the State Council for approval shall take advices from the industry administrating department of the State Council in advance. About the projects authorized by local government, provincial governments can specifically divide approval rights of local governments at all levels according to local practical situation. The projects authorized by provincial government shall not transfer to a lower level. 

    6. If laws, administrative laws and regulations or country have specific stipulations, the stipulations should be followed according to relevant regulations. Business competent department sets up and changes foreign invested enterprises and check and put on records for domestic enterprises which invest or set up businesses (except financial enterprises) at overseas according to relevant stipulations of the state. 

    7. This directory shall come into force on the date of promulgation and the directory of government authorized investment project (published in 2013) shall be invalidated.