Circular of the State Council on Promulgating the Catalogue of Investment Projects Subject to the Approval of the Government (2014 Version)

Circular of the State Council on Promulgating the Catalogue of Investment Projects Subject to the Approval of the Government (2014 Version)

Guo Fa [2014] No.53

October 31, 2014

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and all ministries and commissions of, and all institutions directly under, the State Council,

In order to further deepen the reform of the investment system and of the administrative examination and approval system, increase efforts in streamlining administration and delegating powers to lower levels, effectively transform the government's investment administration functions so as to allow the market to play a decisive role in resource allocation, establish the status of enterprises as investors, give better play to the role of government, and strengthen and improve macro-control, the Catalogue of Investment Projects Subject to the Approval of the Government (2014 Version) (hereinafter referred to as the "Catalogue") is hereby promulgated, and the relevant matters are hereby notified as follows:

Article 1 Where enterprises intend to invest in the construction of fixed-asset investment projects listed in the Catalogue, they shall report the relevant projects to the project approval authorities for approval in accordance with the relevant provisions. Where enterprises intend to invest in the construction of projects beyond the Catalogue, such projects shall be subject to registration administration. The projects invested by public institutions and social organizations shall be governed by the Catalogue.
Projects relating to the exploitation of crude oil and natural gas shall be at the discretion of enterprises with mining rights and reported to the industrial administrative department under the State Council for registration. Enterprises granted mining rights shall adhere to overall planning, exploit and utilize resources rationally and avoid disorderly exploitation of resources in accordance with the relevant laws and regulations.

Article 2 Laws, administrative regulations, and the development plans, industrial policies, total quantity control objectives, technical policies, access standards, land policies, environmental protection policies and credit policies enacted by the State are the important basis for enterprises to carry out preliminary work of projects, and the basis for project approval authorities, departments of land resources, environmental protection, urban-rural planning and industrial administration, as well as financial institutions to conduct reviews of projects. Environmental protection departments shall grade and classify projects based on their impacts on the environment, strictly carry out environmental impact assessment approval for projects with significant impacts on the environment or of high risks and reinforce interim and ex post regulation.

Article 3 Projects in industries with serious overcapacity such as steel, electrolytic aluminum, cement, plate glass and vessels shall be strictly governed by the Guiding Opinions of the State Council on Resolving the Conflict of Rampant Overcapacity (Guo Fa [2013] No.41). Local governments and authorities shall not register any project for expanding capacity in any other name or by any other means. The relevant authorities and institutions shall not perform services relating to approval for land (sea) supply, energy conservation assessment and environmental impact assessment, and new credit support, and shall work together to solve the conflict of rampant overcapacity.

Article 4 Project approval authorities shall improve administrative measures, earnestly enhance administration efficiency, conscientiously perform approval duties, and conduct reviews in strict accordance with the prescribed authority, procedures, time limits and other requirements. Regulatory priorities shall be delegated to lower levels together with the approving and registration authority. Local governments shall earnestly fulfill regulatory duties. The relevant authorities shall closely cooperate with each other, improve the administrative measures according to their respective duties, and strengthen the supervision over investment activities in accordance with the law. For projects that are not in compliance with laws and regulations or not approved or reported for registration according to the prescribed authority and procedures, the relevant authorities shall not handle corresponding formalities and financial institutions shall not provide credit support.

Article 5 For projects subject to the approval of the State Council in accordance with the relevant provisions, the National Development and Reform Commission shall, upon review, report the same to the State Council for approval.
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