Regulations on the Administration of Approval and Filing of Enterprise Investment Projects
Article 1 These Regulations are formulated in order to regulate the government's approval and filing of enterprise investment projects, accelerate the transformation of the government's investment management functions, and implement the enterprise's investment decision-making power.
Article 2 The term "enterprise investment projects" (hereinafter referred to as "projects") as mentioned in these Regulations refers to fixed asset investment projects invested and constructed by enterprises in China.
Article 3 Projects related to national security, involving the distribution of major national productive forces, strategic resource development and major public interests shall be subject to the examination and approval administration. The specific project scope, approval authority and authority shall be subject to the investment project catalogue approved by the government. The list of investment projects approved by the government shall be proposed by the competent investment department under the State Council together with the relevant departments under the State Council, submitted to the State Council for approval before implementation, and adjusted in due course. If the State Council provides otherwise, such provisions shall prevail.
Items other than those specified in the preceding paragraph shall be put on record. Unless otherwise stipulated by the State Council, the projects subject to record keeping administration shall be put on record in accordance with the principle of territoriality, and the record keeping authorities and their authorities shall be stipulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan.
Article 4 Except for projects involving state secrets, project approval and filing shall be handled through the national online project supervision platform (hereinafter referred to as the online platform).
The approval authority, filing authority and other relevant departments uniformly use the project code generated by the online platform to go through relevant procedures.
The competent investment department of the State Council shall, together with other relevant departments, formulate measures for the administration of online platforms.
Article 5 The approval authority and the filing authority shall list the industrial policies related to the project through the online platform, publicize the process and time limit of project approval, and provide relevant consulting services for enterprises.
Article 6 When going through the formalities of project approval, an enterprise shall submit a project application to the approval authority; For projects approved by the State Council, a project application shall be submitted to the competent investment department under the State Council. The project application shall include the following contents:
（1） Basic information of the enterprise;
（2） Project information, including project name, construction site, construction scale, construction content, etc;
（3） Analysis of resource utilization and impact on ecological environment;
（4） Analysis of the impact of the project on economy and society.
The enterprise shall be responsible for the authenticity of the contents of the project application.
Where relevant formalities are required by laws and administrative regulations as preconditions for project approval, the enterprise shall submit documents proving that relevant formalities have been completed.
Article 7 The project application form shall be prepared by the enterprise itself. No unit or individual may force the enterprise to entrust an intermediary service agency to prepare the project application form.
The approval authority shall formulate and publish the model text of the project application, and specify the requirements for the preparation of the project application.
Article 8 For a project approved by the relevant department of the State Council, the enterprise may transmit the project application through the relevant department of the people's government of the province, autonomous region, municipality directly under the Central Government and the city specifically designated in the state plan where the project is located (hereinafter referred to as the relevant department of the local people's government), and the relevant department of the local people's government shall transmit the project application to the approval authority within 5 working days from the date of receiving the project application.
For a project approved by the State Council, if the enterprise transmits the project application through the relevant department of the local people's government, the relevant department of the local people's government shall, within the time limit prescribed in the preceding paragraph, transmit the project application to the investment department of the State Council, which shall, after examination and verification, submit it to the State Council for approval.
Article 9 The approving authority shall examine the project from the following aspects:
（1） Whether it endangers national security such as economic security, social security and ecological security;
（2） Whether it conforms to relevant development and construction plans, technical standards and industrial policies;
（3） Whether resources are reasonably developed and effectively utilized;
（4） Whether it has adverse effects on major public interests.
If the project involves the responsibilities of the relevant departments or the local people's government where the project is located, the approval authority shall solicit their opinions in writing, and the units whose opinions are sought shall reply in writing in a timely manner.
Where the approval authority entrusts an intermediary service institution to evaluate a project, it shall specify the evaluation priorities; Unless the project is complex, the evaluation time limit shall not exceed 30 working days. The appraisal expenses shall be borne by the approving authority.
Article 10 The approval authority shall decide whether to approve the application or not within 20 working days from the date of accepting the application; If the situation of a project is complex or it is necessary to seek the opinions of the relevant units, the approval period may be extended with the approval of the principal responsible person of this organ, but the extended period shall not exceed 40 working days. If the approval authority entrusts an intermediary service agency to evaluate the project, the evaluation time shall not be included in the approval period.
If the approval authority approves the project, it shall issue the approval document to the enterprise; If it is not approved, it shall notify the enterprise in writing and explain the reasons. For projects approved by the State Council, the investment department under the State Council shall, in accordance with the decision of the State Council, issue an approval document or a written notice of disapproval to the enterprise.
Article 11 Where an enterprise intends to change the construction site of an approved project, or intends to make major changes to the construction scale, construction content, etc., it shall apply to the approval authority for change. The approval authority shall make a written decision on whether to approve the change within 20 working days from the date of accepting the application.
Article 12 If the construction of a project has not started within 2 years from the date when the approval authority makes the decision to approve or agree to change the decision, and it is necessary to postpone the commencement of construction, the enterprise shall apply to the approval authority for an extension of the commencement of construction 30 working days before the expiration of the two-year period. The approval authority shall, within 20 working days from the date of accepting the application, decide whether to approve the postponement of construction. The commencement of construction can only be postponed once, and the maximum period shall not exceed 1 year. If the State has other provisions on the postponement of project construction, such provisions shall prevail.
Article 13 For a project subject to record management, the enterprise shall inform the record filing authority of the following information through the online platform before the construction starts:
（1） Basic information of the enterprise;
（2） Project name, construction site, construction scale and construction content;
（3） Total investment of the project;
（4） Statement that the project conforms to the industrial policy.
The enterprise shall be responsible for the authenticity of the information of the filed project.
The filing authority shall be deemed as having received all the information specified in the first paragraph of this article; If the information notified by the enterprise is incomplete, the filing authority shall guide the enterprise to make corrections.
If an enterprise needs a filing certificate, it may require the filing authority to issue it or print it by itself through the online platform.
Article 14 In case of any major change in the information of a project that has been filed, the enterprise shall promptly notify the filing authority.
Article 15 Where the filing authority finds that the registered projects are prohibited from investment and construction by industrial policies or are subject to approval administration, it shall timely notify the enterprises to make corrections or go through the approval procedures according to law, and notify the relevant departments.
Article 16 The approval authority, the record keeping authority and other relevant departments responsible for the supervision and management of projects according to law shall strengthen the supervision during and after the event, implement the supervision responsibility according to the principle of "who approves who supervises, who is in charge who supervises", adopt online monitoring, on-site verification and other methods to strengthen the supervision and inspection of project implementation.
The enterprise shall truthfully submit the basic information of project commencement, construction progress and completion through the online platform.
Article 17 The approval authority, the filing authority and other relevant departments responsible for the supervision and management of projects according to law shall establish a project information sharing mechanism to realize information sharing through online platforms.
The enterprise's illegal behaviors and their handling information in project approval, filing and project implementation are publicized to the society through the national social credit information platform.
Article 18 For projects subject to examination and approval administration, if an enterprise fails to go through the formalities of examination and approval in accordance with the provisions of these Regulations to start construction or fails to carry out construction in accordance with the approved construction site, construction scale, construction content, etc., the examination and approval authority shall order it to stop construction or stop production, and impose a fine of not less than 1 ‰ but not more than 5 ‰ of the total investment of the project on the enterprise; The person in charge directly responsible and other persons directly responsible shall be fined not less than 20000 yuan but not more than 50000 yuan. If they are state functionaries, they shall be given sanctions according to law.
If the project approval documents are obtained by fraud, bribery or other illegitimate means and the construction has not started, the approval authority shall revoke the approval documents and impose a fine of not less than 1 ‰ but not more than 5 ‰ of the total investment of the project; Those who have already started construction shall be punished in accordance with the provisions of the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 19 Where an enterprise fails to inform the filing authority of the project information or the information changes of the projects that have been filed, or provides false information to the filing authority for the projects that are subject to the filing administration, the filing authority shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 20000 yuan but not more than 50000 yuan.
Article 20 Where an enterprise is prohibited from investing in a construction project by the industrial policy of investment and construction, the investment department of the people's government at or above the county level shall order it to stop construction or stop production and restore the original state, and impose a fine of not less than 5 ‰ but not more than 10 ‰ of the total investment of the project on the enterprise; The directly responsible person in charge and other directly responsible persons shall be fined not less than 50000 yuan but not more than 100000 yuan. If they are state functionaries, they shall be given sanctions according to law. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 21 Where the approval authority, the record keeping authority and their staff members neglect their duties, abuse their powers, and engage in malpractices for personal gain in the process of project approval and record keeping, the leaders who are responsible and the persons who are directly responsible shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 22 These Regulations apply to fixed asset investment projects invested and constructed in China by institutions, social organizations and other non enterprise organizations, except for fixed asset investment projects through budgetary arrangements.
Article 23 Measures for the Administration of the Approval and Filing of Fixed Assets Investment Projects Invested and Constructed in China by National Defense Science, Technology and Industry Enterprises