QuoteNo。 Discipline classification: economic management
Issued by Guangdong Provincial People's Government: 2005- 12-06.
DocumentNo.: Yuefu [2005] 120 Main text: Notice of filing economic management projects △
Yuefu [2005]No. 120
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Notice on printing and distributing the investment projects of enterprises in Guangdong Province
Notice of filing measures
Local people's governments at all levels, people's governments of counties (cities, districts), departments and institutions directly under the provincial government:
The measures for the record keeping of enterprise investment projects in Guangdong Province are hereby printed and distributed to you, please follow them. Problems encountered in the implementation process, please report to the Provincial Development and Reform Commission and the Economic and Trade Commission.
people's government of guangdong province
Press release issued on December 6, 2005
Measures of Guangdong Province for Filing Enterprise Investment Projects
Article 1 In order to meet the requirements of the socialist market economy, deepen the reform of the investment system, establish the dominant position of enterprises in investment, and implement the independent decision-making power of enterprises in investment, these Measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC), the Decision of the State Council on Investment System Reform (Guo Fa [2004] No.20) and relevant national and provincial regulations.
Article 2 The term "enterprise investment projects" as mentioned in these Measures refers to fixed assets investment projects carried out by enterprises with their own funds, financing and other private funds, which are divided into capital construction investment and technological transformation investment.
Article 3 The term "filing" as mentioned in these Measures refers to the administrative act of filing organs at all levels to confirm the enterprise investment projects and related contents that meet the filing scope and collect and manage information according to national laws, regulations and relevant policies.
The filing organ mentioned in the preceding paragraph refers to the investment departments at all levels, that is, the development and reform departments at all levels and the economic and trade departments. Development and reform departments at all levels are responsible for the filing of capital construction investment projects and technological transformation investment projects in non-industrial, transportation and commercial fields; Economic and trade departments at all levels are responsible for the filing of technical transformation investment projects in industry, transportation and commerce.
The filing system of the project, no longer approve the project proposal, feasibility study report, preliminary design and commencement report.
Article 4 Except for the following investment projects, the enterprise investment projects within the administrative area of this province shall implement the filing system in accordance with these Measures:
(a) projects listed in the Catalogue of Investment Projects Approved by the Government published by the State Council and the Catalogue of Investment Projects Approved by the Guangdong Provincial Government published by the provincial people's government.
(two) the use of government funds in the form of direct investment and capital injection projects.
(three) the laws, regulations and the State Council special provisions must be approved or approved projects.
(four) the laws and regulations and the State Council special provisions prohibit investment projects.
Article 5 The provincial development and reform department is responsible for coordinating and guiding the filing of enterprise investment projects in the whole province, integrating the information of enterprise investment projects in the whole province, and handling capital construction investment projects of central and provincial enterprises, technological transformation investment projects of central and provincial non-industrial fields, transportation and commercial fields, capital construction investment projects with a total investment of 200 million yuan and above by listed enterprises in prefecture-level cities and counties (cities, districts), and non-industrial investment projects with a total investment of 200 million yuan and above by listed enterprises in prefecture-level cities.
The provincial economic and trade departments are responsible for the filing of technological transformation investment projects in the central and provincial industrial, transportation and commercial fields, and the filing of technological transformation investment projects in the industrial, transportation and commercial fields with a total investment of 30 million yuan or more at the prefecture level and county (city, district).
The municipal development and reform department is responsible for handling capital construction investment projects with a total investment of 200 million yuan or less by enterprises above the municipal level, technological transformation investment projects in non-industrial, transportation and commercial fields with a total investment of 200 million yuan or less by enterprises above the municipal level, and capital construction investment projects with a total investment of 30 million yuan or less-200 million yuan or less by enterprises at the county (city, district). The development and reform department of the county (city, district) is responsible for the filing of capital construction investment projects with a total investment of less than 30 million yuan (excluding) by the enterprises affiliated to the county (city, district), and technical transformation investment projects with a total investment of less than 30 million yuan (excluding) in the non-industrial, transportation and commercial fields.
The economic and trade departments at or above the prefecture level are responsible for filing investment projects for technological transformation in the industrial, transportation and commercial fields with a total investment of 30 million yuan (excluding) below the prefecture level; The county (city, district) economic and trade department is responsible for the filing of technical transformation investment projects with a total investment of 30 million yuan or less in the fields of industry, transportation and commerce.
In addition to the items specified in Article 6 of these Measures (that is, the items that need comprehensive balance in the whole province), the filing authorities of Guangzhou and Shenzhen Municipal People's governments enjoy the same filing authority as the filing authorities of provincial people's governments.
Sixth projects involving the overall balance of the province, by the provincial people's government for the record:
(1) Projects involving the exemption of imported equipment from customs duties and the confirmation procedures of value-added tax in import links, and technical transformation projects for domestic equipment investment credit enterprises to confirm new income tax.
(2) Projects financed by listed companies or companies to be listed through the capital market.
(three) other projects in the province that need to balance the construction conditions and resource conditions.
Article 7 The filing application is implemented in two ways: written application and online application, and the applicant can choose independently according to his own situation. The filing organs at all levels shall establish a filing information system and publish the filing website to the public.
Article 8 When an enterprise submits an application for filing to the filing authority, the filing authority shall issue an Application Form for Filing Enterprise Capital Construction Investment Projects in Guangdong Province (see Annex 2) or an Application Form for Filing Enterprise Technological Transformation Investment Projects in Guangdong Province (see Annex 3), and the enterprise shall truthfully fill in the filing contents and provide written materials such as the legal person certificates of the project organizers and cooperative units.
The project applicant shall be responsible for the authenticity of all application materials.
Article 9 The filing organ shall examine the materials provided by the applicant, put on record the projects that meet the filing conditions, and issue the Filing Certificate of Guangdong Enterprise Capital Construction Investment Projects (see Annex 4) or the Filing Certificate of Guangdong Enterprise Technological Transformation Investment Projects (see Annex 5) to the applicant. The contents of the review include:
(a) Whether the information is complete;
(two) whether it belongs to the project approved by the government or not;
(3) Whether it complies with industrial policies;
(four) whether it meets the industry access standards;
(five) whether it complies with other relevant laws and regulations of the state.
Article 10 The filing organ shall handle and reply to all matters applied for filing in a timely manner. To meet the filing conditions of the project, completed within 5 working days. For items with incomplete information or not meeting relevant requirements, a written reply shall be made within 3 working days, and the applicant shall be informed of the relevant information or documents that need to be clarified and supplemented at one time, or the relevant contents shall be adjusted. For the project that does not agree to put on record, a notice of not putting on record shall be issued within 5 working days, and the reasons shall be explained.
Article 11 The archival filing organ shall be responsible for supervising the archival filing items, and shall not handle the archival filing for items that violate the relevant laws and regulations of the state and do not meet the archival filing conditions. If an enterprise obtains the project filing certificate by illegal means such as splitting the project or providing false materials, it shall cancel the project filing and announce it to the public.
Article 12 The filing organ shall carry out the filing work within the prescribed authority, and shall not refuse or delay the filing formalities without reason. Those responsible for unreasonable refusal, intentional delay or negligent delay in filing shall be investigated for administrative responsibility. The filing organs at all levels shall set up and publish the telephone number of complaints and accept complaints about project filing.
If the applicant disagrees with the handling opinions of the project filing authority, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Thirteenth project applicants should carry out the construction according to the contents of the record. In case of major changes in the project scale, investment and other filing contents, the project applicant shall go through the formalities of alteration or cancellation at the original project filing authority in time.
The major change mentioned in the preceding paragraph refers to the major change of the project scale, main construction contents and product technical scheme, as well as the change of the project construction address.
Fourteenth project registration certificate is valid for 2 years, counting from the date of issuance. If the project fails to start construction within the validity period of the filing certificate, the project applicant shall apply for an extension to the original project filing authority 30 days before the expiration of the validity period of the filing certificate, and the original project filing authority shall make a decision on whether to grant the extension before the expiration of the validity period of the filing certificate. If the project fails to start construction within the validity period of the filing certificate or fails to apply for extension to the original project filing authority, the project filing certificate will automatically become invalid.
Fifteenth project applicants shall, with the project registration certificate, go through the formalities of urban planning, land use, environmental protection, resource utilization, safe production, equipment import and tax reduction and exemption confirmation according to law.
Urban planning, land and resources, environmental protection, construction management, quality supervision, safety production supervision, resource management and other departments shall not handle the relevant procedures for projects that have not been filed by the filing authority, should be filed but not filed, and the filing certificate is revoked or the filing certificate is invalid. In violation of the provisions, the corresponding administrative and legal responsibilities shall be investigated according to law.
Article 16 The project filing organ shall, jointly with the departments of urban planning, land and resources, environmental protection, safety production supervision and banking supervision, strengthen the supervision of enterprise investment projects. For a project that is constructed in violation of the provisions of these Measures, the corresponding project filing authority shall immediately order it to stop construction and investigate the administrative and legal responsibilities of the relevant responsible persons.
Seventeenth provincial people's government filing authority to establish a unified investment project filing information system, local governments at all levels shall, in accordance with the requirements of provincial unity, ensure the necessary conditions for the construction and work of the filing information system at all levels.
Article 18 The filing organs at all levels shall strengthen the dynamic monitoring of the filing of enterprise investment projects, analyze the changing trend of the total scale, industrial structure and layout of the filed projects, provide decision-making basis for the government's macro-control, and release relevant information to the society within the scope permitted by the state secrecy provisions.
Nineteenth institutions, social organizations and other non enterprise units to invest in the construction of projects that meet the requirements of these measures, in accordance with these measures for the record.
Twentieth these measures shall come into force as of the date of promulgation. Before that, the regulations on the management of enterprise investment projects promulgated by our province shall be implemented in accordance with these measures.
Attachment 1
Description of filing code for capital construction investment projects of enterprises in Guangdong Province
In order to strengthen the collection and statistical analysis of enterprise investment information, Guangdong enterprises registered capital construction investment projects to implement the coding system of 15 digits.
1. The first two digits of the filing certificate for capital construction investment projects of enterprises in Guangdong Province are year codes, the third to sixth digits are city and county codes, the seventh to 10 digits are industry codes, the first 1 1 digits are project type identification codes classified by report types, and the first 12 to 15 digits are.
2. Year code: the last two digits of the reporting year, such as 05 in 2005.
Three. Region and industry classification code: check according to the provisions of Statistical Classification Standards and Code Compilation of Guangdong Provincial Bureau of Statistics.
Four. Building type identification code: infrastructure is 1 and changed to 2.
Five, the project sequence code: automatically generated by the filing information system, or arranged by the filing authority.
Six, "Guangdong enterprise capital construction investment project registration certificate" code by the filing authorities at all levels according to the investors to fill in the "Guangdong enterprise capital construction investment project registration application form" content unified preparation.
Seven, counties (cities, districts) project filing authority before issuing the "Guangdong Province enterprise capital construction investment registration certificate", must apply to the local municipal development and reform department for the "Guangdong Province enterprise capital construction investment project registration certificate" code.