Circular of the State Council on Releasing the Investment Project Catalogue Approved by the Government (2013 Version)
Circular of the State Council on Releasing the Investment Project Catalogue Approved by the Government (2013 Version)
Circular of the State Council on Releasing the Investment Project Catalogue Approved by the Government (2013 Version)
Guo Fa [2013] No. 47
December 2, 2013
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council, all institutions directly under the State Council,
In order to further strengthen the reform of the investment system and of the administrative examination and approval system, step up the efforts in simplifying government structure and delegating authority, practically change the investment and administration functions of the government for the market to play a decisive role in resource allocation, establish the status of enterprises as investment entities, duly give play to the functions of the government and strengthen and improve macro-adjustment, the Investment Project Catalogue Approved by the Government (2013 Version) are hereby promulgated and the relevant matters are notified as follows:
Article 1 Where enterprises invest in the establishment of the investment projects of fixed assets in the Catalogue, they shall report the relevant projects to the project approval authorities for approval in accordance with provisions. Where enterprises invest in the establishment of projects outside the Catalogue, filing administration shall be implemented. Institutions and social organizations that invest in the establishment of projects shall comply with the Catalogue.
Article 2 Laws, administrative regulations and the development plans, industry policies, overall control objectives, technical policies, entry standards, land policies, environmental policies and credit policies formulated by the State are an important basis on which enterprises engage in preliminary project work, which are the basis for examination of projects by project approval authorities and land resources, environmental protection, urban planning and industry administration departments and financial institutions.
For projects in industries with serious overcapacity of energy production such as steel, electrolytic aluminum, cement, flat glass and vessels, the relevant departments of the State Council and local governments shall strictly control new energy production in accordance with the requirements of the guiding opinions on resolving the conflict of serious overcapacity of energy production.
Article 3 Project approval authorities must improve administrative measures, increase working efficiency, conscientiously perform approval duties and conduct review in strict accordance with the prescribed authority, procedures and time limit. The relevant departments must closely coordinate with each other and allocate work according to the respective duties, improve administrative measures accordingly and strengthen the regulation of investment activities according to law. For projects not in compliance with the provisions or not approved or filed in accordance with the prescribed authority and procedures, the relevant departments shall not handle the relevant procedures, financial institutions shall not provide credit support.
Article 4 For projects that require approval by the State Council in accordance with provisions, the National Development and Reform Commission shall, upon review, report to the State Council for approval. The opinions of the department of industry administration under the State Council must be solicited in advance on projects to be submitted to the State Council for approval and projects to be approved by the competent department of investment under the State Council. For projects that require the approval of local governments, provincial people's governments may specifically designate the approval authority of local governments at all levels in light of the actual circumstances of the localities. For projects that require the approval of provincial people's governments, the approval authority shall not be delegated.
Article 5 Where there are specific provisions of laws, administrative regulations and the State, such provisions shall prevail.
Article 6 The Catalogue shall go into force as of the date of promulgation, the Investment Project Catalogue Approved by the Government (2004 Version) shall be repealed simultaneously.
Circular of the State Council on Releasing the Investment Project Catalogue Approved by the Government (2013 Version)
Article 1 Agriculture and Water Resources
Agriculture: projects involving cultivation shall be approved by provincial people's governments.
......
Guo Fa [2013] No. 47
December 2, 2013
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council, all institutions directly under the State Council,
In order to further strengthen the reform of the investment system and of the administrative examination and approval system, step up the efforts in simplifying government structure and delegating authority, practically change the investment and administration functions of the government for the market to play a decisive role in resource allocation, establish the status of enterprises as investment entities, duly give play to the functions of the government and strengthen and improve macro-adjustment, the Investment Project Catalogue Approved by the Government (2013 Version) are hereby promulgated and the relevant matters are notified as follows:
Article 1 Where enterprises invest in the establishment of the investment projects of fixed assets in the Catalogue, they shall report the relevant projects to the project approval authorities for approval in accordance with provisions. Where enterprises invest in the establishment of projects outside the Catalogue, filing administration shall be implemented. Institutions and social organizations that invest in the establishment of projects shall comply with the Catalogue.
Article 2 Laws, administrative regulations and the development plans, industry policies, overall control objectives, technical policies, entry standards, land policies, environmental policies and credit policies formulated by the State are an important basis on which enterprises engage in preliminary project work, which are the basis for examination of projects by project approval authorities and land resources, environmental protection, urban planning and industry administration departments and financial institutions.
For projects in industries with serious overcapacity of energy production such as steel, electrolytic aluminum, cement, flat glass and vessels, the relevant departments of the State Council and local governments shall strictly control new energy production in accordance with the requirements of the guiding opinions on resolving the conflict of serious overcapacity of energy production.
Article 3 Project approval authorities must improve administrative measures, increase working efficiency, conscientiously perform approval duties and conduct review in strict accordance with the prescribed authority, procedures and time limit. The relevant departments must closely coordinate with each other and allocate work according to the respective duties, improve administrative measures accordingly and strengthen the regulation of investment activities according to law. For projects not in compliance with the provisions or not approved or filed in accordance with the prescribed authority and procedures, the relevant departments shall not handle the relevant procedures, financial institutions shall not provide credit support.
Article 4 For projects that require approval by the State Council in accordance with provisions, the National Development and Reform Commission shall, upon review, report to the State Council for approval. The opinions of the department of industry administration under the State Council must be solicited in advance on projects to be submitted to the State Council for approval and projects to be approved by the competent department of investment under the State Council. For projects that require the approval of local governments, provincial people's governments may specifically designate the approval authority of local governments at all levels in light of the actual circumstances of the localities. For projects that require the approval of provincial people's governments, the approval authority shall not be delegated.
Article 5 Where there are specific provisions of laws, administrative regulations and the State, such provisions shall prevail.
Article 6 The Catalogue shall go into force as of the date of promulgation, the Investment Project Catalogue Approved by the Government (2004 Version) shall be repealed simultaneously.
Circular of the State Council on Releasing the Investment Project Catalogue Approved by the Government (2013 Version)
Article 1 Agriculture and Water Resources
Agriculture: projects involving cultivation shall be approved by provincial people's governments.
......