Article 1 In order to further deepen the reform of investment system, standardize the government's examination and approval of enterprise investment projects, and realize convenient, efficient service and effective management, 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 and relevant national laws and regulations.
Article 2 The scope of investment projects subject to the approval system and the approval authority of the project approval authority shall be determined by the Catalogue of Government Approved Investment Projects (hereinafter referred to as the Approved Catalogue) published by the State Council.
The project approval authority mentioned in the preceding paragraph refers to the management authority with the right of project approval as stipulated in the Catalogue of Approval. The competent investment department of the State Council mentioned in the approved catalogue refers to the National Development and Reform Commission; The Approved Catalogue stipulates the projects approved by provincial governments and local governments, and the specific project approval authority is determined by the provincial government.
The approval of enterprise investment projects by the project approval authority belongs to administrative licensing matters, and the funds required for the implementation of administrative licensing shall be guaranteed by the finance at the same level.
Article 3 An enterprise investing in an approved project shall prepare a project application report in accordance with the relevant requirements of the state, and submit it to the project approval authority in accordance with the provisions after obtaining the relevant documents that should be attached according to law.
Article 4 The project approval authority shall examine the project application report submitted by the enterprise according to law, mainly from the aspects of maintaining economic security, rationally developing and utilizing resources, protecting ecological environment, optimizing major layout, safeguarding public interests and preventing monopoly. , and make a decision on whether to approve, strengthen supervision and management.
Market prospects, economic benefits, sources of funds, product technical solutions, etc. The examination and approval of the project is decided by the enterprise at its own risk, and the project examination and approval authority shall not interfere with the investment autonomy of the enterprise.
Article 5 The project approval authority and its staff shall strictly implement the relevant provisions of the state, and shall not arbitrarily increase or decrease the approval and approval conditions, and shall not exceed the processing time limit.
Article 6 Except those involving state secrets, commercial secrets or personal privacy, the project approval authority shall disclose the approval process and results according to law.
Article 7 The project approval authority shall establish an online operation system for project approval management to realize the inquiry and supervision of the approval process and results.
Article 8 Measures for the approval of foreign-invested projects and overseas-invested projects shall be formulated separately, and projects invested and constructed by other enterprises in China shall be implemented with reference to these Measures.
Chapter II Contents and Compilation of Project Application Report
Article 9 A project entity shall submit a project application report (in quintuplicate) to the project approval authority. The project application report shall be compiled by an engineering consulting institution with corresponding qualifications independently selected by the project unit. For projects approved by the National Development and Reform Commission, the project application report shall be compiled by Grade A engineering consulting institutions with corresponding qualifications.
Article 10 The project application report mainly includes the following contents:
Project unit;
(two) the situation of the proposed project;
(three) resource utilization and ecological environment impact analysis;
(4) Economic and social impact analysis.
Article 11 The National Development and Reform Commission shall compile and publish the general text of the project application report, the model text of the project application report of major industries and the format text of the project approval document.
The project approval authority shall follow the principle of convenience and efficiency, formulate and publish the service guide, and list the application materials and required attachments, acceptance methods, examination conditions, handling procedures, handling time limits, etc. Carry out project approval, so as to improve the transparency of work and provide guidance and services for project units.
Article 12 When submitting the project application report, the project unit shall attach the following documents according to the provisions of national laws and regulations:
(a) the site selection opinion issued by the administrative department of urban and rural planning (only refers to the project that provides the right to use state-owned land by means of allocation);
(two) the land use pre-examination opinions issued by the administrative department of land and resources (the pre-examination of land use is not required for the projects that are rebuilt or expanded within the approved construction land);
(three) the approval document of environmental impact assessment issued by the competent administrative department of environmental protection;
(four) the energy-saving review opinions issued by the energy-saving review organ;
(five) other documents that should be submitted according to the provisions of relevant laws and regulations.
Thirteenth project units should be responsible for the authenticity of all application materials. [3]
Chapter III Examination and Approval Procedures
Article 14 Enterprises investing in projects that should be approved by local governments shall submit project application reports to the corresponding project approval authorities in accordance with the relevant regulations of local governments.
Local enterprises invest in projects approved by the National Development and Reform Commission and the industry management department of the State Council respectively. After the development and reform department and the industry management department of the provincial government where the project is located put forward preliminary opinions, they shall submit a project application report to the National Development and Reform Commission and the industry management department of the State Council. Belong to the national development and Reform Commission approval authority of the project, the project is located in the provincial government regulations by the provincial government industry management department of first instance, jointly submitted by the provincial government development and reform department.
The investment and construction of units affiliated to relevant departments in the State Council, enterprise groups with separate plans and centrally managed enterprises shall be examined and approved by the National Development and Reform Commission and the industry management department in the State Council respectively. Relevant departments in the State Council, enterprise groups with separate plans and centrally managed enterprises shall submit project application reports to the National Development and Reform Commission and the industry management department in the State Council respectively, and attach the opinions of the development and reform department and industry management department of the provincial government where the project is located.
Enterprises should invest in projects approved by the State Council, and report them to the State Council for approval after being audited by the National Development and Reform Commission.
Fifteenth application materials are incomplete or do not meet the relevant requirements, the project approval authority shall inform the project unit to make corrections within five working days after receiving the application materials.
When accepting or not accepting the application materials, the project approval authority shall issue a written certificate stamped with its special seal and dated. For the accepted application materials, the written documents should indicate the number, and the project unit can inquire, supervise and approve the process and results online according to the number.
Sixteenth project approval authority formally accepted the application materials, if necessary, should be in accordance with the relevant provisions within 4 working days to entrust an engineering consulting agency for evaluation. Engineering consulting institutions that prepare project application reports shall not undertake the evaluation of the same project. If there is a holding or management relationship between the engineering consulting institution and the project unit or the person in charge is the same person, the engineering consulting institution shall not undertake the project evaluation of the project unit. The entrusted engineering consulting institution shall submit the evaluation report within the time specified by the project approval authority and be responsible for the evaluation conclusion.
The assessment fee shall be borne by the project approval authority entrusted with the assessment, and the assessment institution and its staff shall not charge any fees to the project unit.
Seventeenth for projects involving the functions of the relevant industry management departments, the project approval authority shall require the relevant industry management departments to issue written audit opinions within 7 working days. If the relevant industry management department fails to feedback the written examination opinions within the time limit, it shall be deemed as consent.
Eighteenth for projects that may have a significant impact on public interests, the project approval authority shall take appropriate measures to solicit public opinions. For particularly important projects, an expert review system can be implemented.
Nineteenth project approval authority shall make a decision on whether to approve or not within 20 working days after formally accepting the application materials, or put forward audit opinions to the project approval authority at a higher level. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the person in charge of this organ, and the project unit shall be informed of the reasons for the extension.
If the project approval authority needs to entrust assessment and expert review, the time required shall not be calculated within the time limit specified in the preceding paragraph. The project approval authority shall inform the project unit in writing of the time required for consultation, evaluation and expert review.
Twentieth of the approved projects, the project approval authority shall issue a project approval document, and announce the approval decision according to law; For projects that do not agree to be approved, the project approval authority shall issue a decision on disapproval, explaining the reasons for disapproval.
Belong to the examination and approval authority of the State Council City, the National Development and Reform Commission issued a project approval document or not according to the State Council's opinion.
The project approval authority shall send a copy to the relevant departments such as industry management, urban and rural planning, land and resources, environmental protection, and energy conservation review. When the project approval and preliminary examination organs at the same level and lower levels issue the project approval documents or decide not to approve them.
Article 21 The project approval authority shall strengthen self-discipline, formulate and strictly abide by internal working rules, clearly stipulate the working rules of accepting applications, reviewing requirements, entrusting evaluation, soliciting industry review opinions, internal countersigning, time-limited completion and information disclosure, and make full use of information technology to improve the approval efficiency.
Twenty-second project units have objections to the approval decision of the project approval authority, and may apply for administrative reconsideration or bring an administrative lawsuit according to law. [3]
Chapter IV Contents and Effectiveness of Approval
Twenty-third project approval authority mainly according to the following conditions to review the project:
(a) in line with national laws and regulations and macro-control policies;
(two) in line with the development plan, industrial policy, technology policy and access standards;
(3) Rational development and effective utilization of resources;
(four) does not affect China's national security, economic security and ecological security;
(5) There is no significant adverse impact on the public interest, especially the public interest of the project construction site.
Twenty-fourth project units according to the project approval documents, according to the law for planning permission, land use, resource utilization, production safety and other related procedures.
Twenty-fifth project approval documents shall be valid for 2 years from the date of issuance. If the construction has not started within the validity period, the project unit shall apply to the original project approval authority for an extension 30 working days before the expiration of the validity period, and the original project approval authority shall make a decision on whether to grant the extension before the expiration of the validity period. If the construction is not started within the validity period and the extension is not applied to the original project approval authority according to the regulations, the original project approval document will automatically become invalid.
Twenty-sixth project approval documents in any of the following circumstances, the project unit shall promptly submit a written application for adjustment to the original project approval authority. The original project approval authority shall issue a written confirmation opinion or require it to go through the approval procedures again according to the specific conditions of the project.
(a) the construction site has changed;
(2) Major changes have taken place in the construction scale and content;
(three) the change of the project may have a significant adverse impact on the economy, society and environment;
(four) other circumstances that need to adjust the contents of the project approval documents. [3]
Chapter V Supervision, Management and Legal Responsibility
Twenty-seventh project approval authority shall, in conjunction with industry management, urban and rural planning (construction), land and resources, environmental protection, financial supervision, safety production supervision and other departments, strengthen the inspection and supervision of enterprise investment projects.
Twenty-eighth projects that fail to obtain planning and site selection, land pre-examination, environmental assessment approval and energy-saving review opinions according to regulations shall not be approved by the project approval authorities at all levels. For projects that fail to perform the examination and approval procedures or have not obtained the project approval documents, the departments of urban and rural planning (construction), land and resources, and safety production supervision shall not go through the relevant procedures, and financial institutions shall not issue loans.
Article 29 The development and reform departments at all levels shall, jointly with the departments of industry management, urban and rural planning (construction), land and resources, environmental protection, financial supervision and safety production supervision, speed up the improvement of the information system, establish a horizontal interconnection system for development planning, industrial policy, technology policy, access standards, credit records and other information, timely report the investigation and punishment of illegal acts, and realize the information sharing of administrative examination and approval and market supervision.
Thirtieth project approval authority and its staff in violation of the relevant provisions of these measures, one of the following circumstances, its superior administrative organ or supervisory organ shall order it to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
(a) beyond the statutory authority for approval;
(2) approving projects that do not meet the statutory requirements;
(three) the project that meets the statutory conditions shall not be approved;
(four) to increase or decrease the conditions for examination and approval without authorization;
(5) Failing to make an approval decision within the statutory time limit;
(6) Failing to perform supervisory duties according to law or failing to supervise effectively, thus causing serious consequences.
Thirty-first staff of the project approval authority, in the process of project approval, ask for or accept other people's property or seek other benefits, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Thirty-second engineering consulting and evaluation institutions and their personnel, experts involved in expert evaluation, in the preparation of project application report, commissioned by the project approval authority to carry out evaluation or participate in expert evaluation process, do not comply with national laws and regulations and the provisions of these measures, shall be investigated for corresponding responsibilities according to law.
Thirty-third project units to conceal the relevant information or provide false application materials and other improper means to apply for approval, the project approval authority will not accept or disapprove; If the project approval document has been obtained, the project approval authority shall revoke the project approval document according to law, and if the construction has started, it shall be ordered to stop the construction according to law. The corresponding project examination and approval authorities and relevant departments should include it in the bad credit record, and investigate the legal responsibility of the relevant responsible person according to law.
Article 34 For projects that fall within the scope of the approval system but start construction without obtaining the project approval documents according to law, and projects that fail to carry out construction according to the requirements of the project approval documents, once they are discovered, the corresponding project approval authorities and relevant departments shall include them in the bad credit records, order them to stop construction or make rectification within a time limit according to law, and investigate the legal responsibilities of the responsible persons according to law. [3]
Chapter VI Supplementary Provisions
Thirty-fifth provincial government departments and the State Council industry management departments with the power of project approval may formulate specific implementation measures according to the relevant laws and regulations of the state and the provisions of these measures.
Thirty-sixth institutions, social organizations and other investment construction "approved directory" provisions of the implementation of the examination and approval system, in accordance with these measures.
Article 37 These Measures shall be interpreted by the National Development and Reform Commission.
Article 38 These Measures shall come into force on June 14, 2065. The Interim Measures for the Approval of Enterprise Investment Projects (OrderNo. 19 of the National Development and Reform Commission) shall be abolished at the same time.