Administrative Regulations on the Approval and Record-filing of Enterprise Investment Projects

Administrative Regulations on the Approval and Record-filing of Enterprise Investment Projects
Administrative Regulations on the Approval and Record-filing of Enterprise Investment Projects

Order of the State Council of the People's Republic of China No.673

November 30, 2016

The Administrative Regulations on the Approval and Record-filing of Enterprise Investment Projects, adopted at the 149th executive meeting of the State Council on October 8, 2016, are hereby issued for implementation as of February 1, 2017.

Premier Li Keqiang

Administrative Regulations on the Approval and Filing of Enterprise Investment Projects

Article 1 The Administrative Regulations on the Approval and Record-filing of Enterprise Investment Projects (these "Regulations") are formulated in order to regulate the approval and record-filing of enterprise investment projects by the government, speed up the shift of the government's investment management functions and realize the investment autonomy of enterprises.

Article 2 The enterprise investment projects (the "projects") mentioned hereunder refer to fixed assets investment projects invested in and developed within the territory of China by enterprises.

Article 3 Projects concerning state security, or involving significant national productivity layouts, the development of strategic resources or major public interests, among others, shall be subject to the administration by approval. The specific scope of the projects and the approval authorities and their powers shall be as specified in the Catalogue of Investment Projects subject to Government Approval. The Catalogue of Investment Projects subject to Government Approval, developed by the competent investment department under the State Council together with other relevant departments under the State Council, shall be implemented upon approval by the State Council and be adjusted when appropriate. Where the State Council has any other provisions, such provisions shall prevail.
Projects other than those stipulated in the preceding paragraph shall be subject to the administration by record-filing. Except otherwise stipulated by the State Council, the projects subject to the administration by record-filing shall be filed based on the principle of territoriality. The record-filing authorities and their powers shall be specified by the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan.

Article 4 The approval and record-filing of projects, except projects involving state secrets, shall be processed via the online project regulation platform established by the State (the "online platform").
The approval authorities, record-filing authorities and other relevant departments shall uniformly use the project reference codes generated by the online platform to process the relevant procedures.
The competent investment department under the State Council shall, together with the relevant departments, formulate the measures for the management of the online platform.
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