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Interim Procedures of Shanxi Province

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Interim Procedures of Shanxi Province

    No.185 Order of the Peoples Government of Shanxi Province

    The Interim Procedures of Shanxi Province for the Examination and Approval of Enterprise

    th Investment Projects, carried at the 64executive meeting of the Government of Shanxi Province

    on December 27, 2005, are hereby promulgated and shall come into force as of March 1, 2006.

     Acting Governor Yu Youjun

    January 12, 2006

     Interim Procedures of Shanxi Province

    for the Examination and Approval of Enterprise Investment Projects

    Chapter I General Provisions

    Article 1 For the purpose of pushing the reform of investment system, standardizing the administration of enterprise investment projects, and strengthening and improving the macroeconomic regulation and control, the Interim Procedures are formulated in accordance with the Administrative License Law of the People’s Republic of China and the Decision of the State

    Council on Reforming the Investment System and in light of the actual circumstances of this Province.

    Article 2 The Procedures shall apply to the examination and approval of enterprise investment projects within the Province except the foreign investment projects, overseas investment projects and external loans projects, of which the examination and approval shall apply to other relevant provisions.

    The “enterprise investment projects” as referred to in the Procedures means the non-government-funded projects which fall into the Approval Catalogue of Enterprise Investment Projects of Shanxi Province (hereinafter referred to as the “Catalogue”).

    Article 3 Investment administrative departments of the Governments at the county level and above shall be in charge of the examination and approval of the enterprise investment projects and the supervision and administration thereof.

    The aforementioned Investment Administrative Departments of the Governments refers to the Development and Reform Commissions (the Development and Planning Bureaus) and Economic

    Commissions (the Economic and Trade Bureaus) with the administrative function relating to

    enterprise technological innovation investment of the governments at the county level and above.

    Chapter II Contents and Preparation of Project Applications

    Article 4 The enterprise which invests in the projects listed in the Catalogue shall prepare a project application.

    The project application shall be drawn up by an institution with the corresponding engineering consulting qualification. For a project that shall be subject to the examination and approval of the investment administrative department of the Provincial Government, the project application thereof shall be drawn up by a qualified Grade B engineering consulting institution; for a project with a total investment of more than 200 million yuan, the project application thereof shall be drawn up by a qualified Grade A engineering consulting institution.

Article 5 The project application shall mainly contain the following contents:

     (1) the instance of the applicant entity;

     (2) the instance of the project to be constructed;

     (3) the land to be used and the relevant planning;

     (4) an analysis of utilization of resources and consumption of energy;

     (5) an analysis of the impact on ecological environment; and

    (6) an analysis of economic and social effects.

    Article 6 The enterprise intending to invest in the project listed in the Catalogue shall submit to the investment administrative departments of the Governments a project application in quintuplicate and shall attach the following documents or materials:

     (1) Opinions on city planning as given by the administrative department of city planning;

     (2) Preliminary opinions on land use of the project as given by the administrative department of land and resources;

     (3) Examination and approval opinions of the environmental impact assessment documents as given by the administrative department of environmental protection;

     (4) The attached preliminary plan of bids if the project shall call for tenders in accordance with the laws and regulations;

     (5) The approval document for preliminary application for drawing groundwater if the project needs to draw and use groundwater; and

     (6) Other documents as required by relevant laws and regulations.

    A project applicant enterprise shall be responsible for the authenticity of all the submitted application materials.

    Chapter III Examination and Approval Procedures

    Article 7 The enterprise subordinated to the industrial administrative department of the State Council and intending to invest in the Province in the project subject to the approval of the relevant industrial administrative department of the State Council, and the enterprise group with independent planning or a central enterprise intending to invest in the Province in the project subject to the approval of the investment administrative department of the State Council, shall, when submitting the project application, attach the opinions of the investment administrative department of the Provincial Government.

    Other enterprises intending to invest in the project subject to the approval of the investment administrative department of the State Council, shall submit the application to the investment administrative department of the Provincial Government, which, after making preliminary examination and presenting its opinions, shall submit the project application to the investment administrative department of the State Council (in the case of enterprise technological renovation projects, the application shall be submitted jointly by the Economic Commission and the Development and Reform Commission of the Provincial Government).

    Article 8 The enterprise, directly subordinated to this Province and intending to invest in the project subject to the approval of the investment administrative department of this Province, may directly submit the project application to the said department of the Province, and attach the opinions of the investment administrative department of the Government of the City divided into districts where the project is to be located.

    Any other enterprise, intending to invest in the project which shall be approved by the investment administrative department of the Provincial Government, shall submit the application to the investment administrative department of the district-based City Government, where the project is to be located, the said department shall, after making preliminary examination and presenting opinions, submit the project application to the investment administrative department of the Provincial Government.

    The enterprise, intending to invest in the project subject to the approval of the investment administrative department of the district-based City Government, shall submit the project application to the investment administrative department of the Government at the County level where the project is to be located, the said department, after making preliminary examination and presenting opinions, shall submit the project application to the investment administrative department of the district-based City Government.

    Article 9 The investment administrative department of the Government shall issue a written notice of acceptance to the applicant enterprise if accepting the enterprise project application; the said department shall, if not accepting, give reasons in written. Where the application materials are incomplete or fail to satisfy the relevant requirements, the said department shall issue an once-only notice in written on the spot.

Article 10 Where the project application needs an assessment;the investment administrative

    department of the government shall, within three working days after accepting the project application, entrust a qualified consultancy agency to make relevant assessment.

    The consultancy agency entrusted shall be responsible for the assessment result.

    Article 11 In case of a project that may generate major effect on the public interests, the investment administrative department of the Government, when making its examination, shall openly ask for opinions from the public. If necessary, the investment administrative department of the Government may organize specialist appraisals.

    Article 12 The investment administrative department, while examining the project application, shall in written form solicit opinions from other industrial administrative departments, if the functions of the relevant departments are involved in its examination.

    The relevant departments shall, within 7 working days after receiving the letter of request for opinions (together with the project application), give written opinions; it shall be considered as approval if no such written opinions are presented within the time limit.

    Article 13 The investment administrative department shall, within 15 working days after receiving the project application, make a decision on whether or not to approve the application, or submit its preliminary examination opinions to the administrative department at a higher level. Where it is difficult due to any special reason to make a decision within such time limit, the period may be extended for 10 working days with the approval of the person in charge of the approving organ and notify in written the project applicant enterprise timely the extension and the reasons therefor. It shall be considered as approval if the investment administrative department fails to make a decision on whether or not to approve the application within the time limit, and fails to notify the project applicant enterprise in written timely.

    The time needed for assessment by a consultancy agency, asking for opinions from the public or appraisal by specialists, shall not be counted in the time limit prescribed in the preceding paragraph.

    The investment administrative department of the government shall disclose, after it has approved, the enterprise investment project to the public.

    Article 14 In the case of an approved enterprise investment project, the investment administrative department shall issue to the project applicant enterprise an approval document with copies thereof sent to the relevant departments and the project preliminary examination departments; for a disapproved project, the investment administrative department shall issue to the applicant enterprise a disapproval document with the reasons for disapproval stated, with copies thereof sent to the relevant departments and the project preliminary examination departments.

    Chapter IV Contents and the Effect of the Examination and Approval

    Article 15 The investment administrative departments of the Governments shall examine an intended project mainly on the following conditions:

     (1) In conformity with the relevant provisions of laws, rules and regulations;

     (2) In conformity with the national economic and social development planning, planning of the industry, industrial policy, standards for admittance into the industry and the overall land use planning;

     (3) In conformity with the macro control policies of the State and the requirements of industrial structure adjustment of the Province;

     (4) Rationality of regional distribution;

     (5) The major products of the project not constituting a monopoly in the domestic market;

     (6) No influence on the economic security of the State or this Province;

     (7) Rational exploitation and effective utilization of resources;

     (8) Effective protection of ecological environment and natural and cultural heritage; and

    (9) No serious adverse effect on the public interests, especially those in the place where the project is to be located.

    Article 16 A project applicant enterprise may legally go through formalities for land use, resources utilization, city planning, safety in production, equipment import, confirmation of tax reduction and exemption and other formalities in accordance with project examination and approval document.

    Article 17 A project approval document shall be valid for two years, starting from the date of approval. In case the construction of any project has failed to start within the validity term of the approval document, the project applicant enterprise shall, 30 days prior to the expiry of the validity term of the approval document, apply to the investment administrative department of the Government for extension of the validity term, and the investment administrative department of the Government shall make a decision of approving or disapproving the extension before the expiry of the validity term. An approval document shall automatically become null upon the expiry of the validity term thereof, if the construction of the project has failed to start within the validity term and no application for extension has been made to the investment administrative department of the Government.

    Article 18 In the case of approved project, the project applicant enterprise, if adjusting the content prescribed in the project approval document, shall promptly submit a written report to the investment administrative department of the Government, which shall, in light of the specific circumstances of project adjustment, issue a written confirmation opinion or demand the enterprise to go through the approval procedures anew.

    Article 19 For any project that is subject to the examination and approval by the investment administrative department of the Government but not applied, or for which the application submitted has not been approved, none of the authorities for land and resources, environmental protection, city planning, quality supervision, securities regulation, foreign exchange administration, supervision and control of safe production, administration of water resources and customs may handle relevant procedures, no financial institution may grant any loan, and no enterprise may begin the construction.

    The investment administrative departments of the Governments shall work together with departments of city planning, state land resources, environmental protection, bank supervision and administration, safe producing and important project investigation and other departments, to strengthen the supervision and administration of enterprise investment projects.

    Chapter V Legal Responsibility

    Article 20 Any project applicant enterprise disagreeing with the decision of the investment administrative department of the Government may apply for an administrative reconsideration or initiate administrative proceedings in accordance with the law.

    Article 21 Any staff of the investment administrative departments of the Governments who abuses his authority, neglects his duties, engages in malpractice for personal benefits, extorts or takes bribes in the examination and approval of the investment projects shall be subject to an administrative sanction in accordance with the law; if a crime is committed, he shall be investigated for criminal responsibility according to law.

    Article 22 Any consultancy and assessment agency presenting false assessment reports in violation of the relevant provisions in the work of assessment shall be subject to corresponding responsibility.

    Article 23 Where the project applicant enterprise obtains the project approval document by providing false materials or by any other illegitimate means, the investment administrative departments of the Government shall cancel the approval decision according to the law and investigate and affix its legal responsibility.

    Article 24 Where the enterprise investment project, in violation of the Procedures, starts its construction without obtaining the approval of the investment administrative department of the Government, or without abiding by the requirements of the project approval document, the said investment administrative department of the Government shall order the enterprise to stop construction and impose a fine of not more than 30,000RMB; if a crime is constituted, the liable persons shall be prosecuted for the criminal responsibility in accordance with the law.

    Chapter VI Supplementary Provisions

    Article 25 Projects falling within the scope of the Catalogue and to be invested by institutions, social organizations and other units shall be subject to examination and approval in accordance with the Measures.

Article 26 The present Measures shall go into effect as of March 1, 2006.

Appendix:

    Approval Catalogue of Enterprises Investment Projects of Shanxi Province (2004) Brief Introduction:

    (I) The present Catalogue is formulated according to the Decision of the State Council on Reform of the Investment System.

    The Catalogue shall be applicable to the examination and approval of the projects within the administrative area of this Province.

    (II) The projects contained in this Catalogue refer to major and restricted fixed-asset investment projects invested in by enterprises and not supported by Government funds.

    (III) The limits of authority for approving the projects subject to the approval of the investment administrative departments of the Provincial Government and the district-based city Governments as explicitly prescribed in the Catalogue may not be transferred to lower-level governments.

    Special authorization shall be made to the limits of the investment decision-making authority to the Provincial large-scale enterprise according to the need of promoting economic development and actual circumstances of different industries.

    The limits of authority for the approval of enterprise investment projects of the investment administrative departments of the Governments of district-based Cities and Counties shall be decided by the investment administrative departments under the people’s government of a city-divided into districts in accordance with the local actual circumstances.

    (IV) Projects that are required to report to the investment administrative department of the State Council for approval appear in the Catalogue of Investment Projects Subject to the Approval of the Government (2004) promulgated by the State Council.

    (V) The procedures for the examination and approval of foreign investment projects and overseas investment projects shall be separately formulated.

    (VI) This Catalogue is the 2004 version and adjustments will be made as the situation changes.

I. Agriculture, forestry and water conservancy

    Agriculture: Projects related to reclamation shall be approved by the investment administrative department of the Provincial Government.

    Reservoirs: Reservoir projects on the rivers crossing cities, and reservoir projects with total storage capacity of 50,000 cubic meters and above shall be subject to the approval of the

    investment administrative department of the Provincial Government. Other reservoir projects shall be subject to the approval of the investment administrative departments of the district-based City, County (district) Governments.

    Other water works: Projects concerning water resource distribution adjustment across cities shall be approved by the investment administrative department of the Provincial Government. Other

    projects shall be approved by the investment administrative departments of the district-based City, County (district) Governments.

II. Energy

(I) Power

    Hydraulic power plants: Projects with a total installed capacity of 250,000 kw or below shall be

    approved by the investment administrative department of the Provincial Government.

    Thermo power stations: Projects except coal-power stations are subject to the approval of the investment administrative department of the Provincial Government.

Wind power stations: Projects with a total installed capacity of 50,000 kw and below are subject

    to the approval of the investment administrative department of the Provincial Government.

    Power grid projects: Grid projects with 330 kv or below are subject to the approval of investment administrative department of the Provincial Government.

    (II) Coal

    Coal mines: Coal mines projects outside a planned State mine area are subject to the approval of the investment administrative department of the Provincial Government.

    Coal liquefaction: Projects with a yearly yield of 500,000 tons or below are subject to the approval of the investment administrative department of the Provincial Government.

    (III) Petroleum and natural gas

    Liquefied petroleum gas terminals and storage facilities (excluding projects auxiliary to oil and gas fields and refineries) are subject to the approval of the investment administrative department of the Provincial Government.

    Gas transport networks (excluding oil field concentration and transport networks): Projects with a yearly transport volume of 500 million cubic meters or below are subject to the approval of the

    investment administrative department of the Provincial Government.

III. Transportation

(I) Railroads

    Newly-built railroads (including newly added ones): Province-subordinated projects of 100 kilometers or below within the Province are subject to the approval of the investment administrative department of the Provincial Government.

    (II) Highways

    Highways: Expressways other than national expressway network, national highways except trans-Provincial (regional) national highways and national trunk highways, Provincial highways, other toll highways and highway projects crossing cities are subject to the approval of the investment administrative department of the Provincial Government. Other projects shall be subject to the approval of the investment administrative departments of the district-based City, County (district) Governments.

    Independent highway bridges and tunnels: Projects except trans-Provincial (regional) ones, projects with the length of 100 meters and above or projects concerning across city coordination are subject to the approval of the investment administrative department of the Provincial Government. Other projects shall be subject to the approval of the investment administrative departments of the district-based City, County (district) Governments.

    (III) Civil aviation

    Airport extension projects: Province subordinated projects with a total investment of 1 billion yuan and below are subject to the approval of the investment administrative department of the Provincial Government.

IV. Raw materials

    Iron and steel: Iron ore exploitation projects each with a proved reserve of 50 million tons and below are subject to the approval of the investment administrative department of the Provincial Government.

    Non-ferrous metals: Mine development projects each with an investment of 500 million yuan and below are subject to the approval of the investment administrative department of the Provincial Government.

    Chemical fertilizers: Phosphate ore fertilizer projects and potassium ore fertilizer projects each with a yearly output of 500,000 tons and below are subject to the approval of the investment administrative department of the Provincial Government.

    Cement: cement projects except for those prohibited are subject to the approval of the investment administrative department of the Provincial Government.

    Rare earth: Rare earth deep-processing projects each with an investment of 100 million yuan and below are subject to the approval of the investment administrative department of the Provincial Government.

    Gold: Gold projects each with a daily ore extraction of 500 tons and below are subject to the approval of the investment administrative department of the Provincial Government.

V. Light industries and tobacco

    Pulp: Pulp projects each with a yearly capacity from 34,000 tons (inclusive) to 100,000 tons (exclusive) are subject to the approval of the investment administrative department of the Provincial Government. Other projects are prohibited.

    Sugar: Sugar projects each with a daily processing capacity of 1,500 tons and above are subject to the approval of the investment administrative department of the Provincial Government. Other sugar projects are prohibited.

VI. Urban construction

Urban water supply: Projects each with an across city water diversion volume of 500,000 tons and

    below and water supply projects each with daily supply of 10,000 tons and above are subject to

    the approval of the investment administrative department of the Provincial Government. Other projects are subject to the approval of the investment administrative departments of district-based City, County (district) Governments.

    Urban trash burning power station and disposal of hazardous waste projects are subject to the approval of the investment administrative department of the Provincial Government.

Urban sewage disposalProjects each with a daily disposal volume of 50,000 tons and above are

    subject to the approval of the investment administrative department of the Provincial Government. Other projects are subject to the approval of the investment administrative departments of the City Governments.

Urban living garbage disposal: Projects each with a daily disposal volume of 200 tons and above

    are subject to the approval of the investment administrative department of the Provincial Government. Other projects are subject to the approval of the investment administrative departments of the City Governments.

    Affordable housing: Affordable housing projects are subject to the approval of the investment administrative department of the Provincial Government.

    Ordinary commercial housing: Residential quarters projects each with gross floor area of 100,000 square meters and above are subject to the approval of the investment administrative department of the Provincial Government. Other projects are subject to the approval of the investment administrative departments of district-based City, County (district) Governments.

    Other real estate projects are subject to the approval of the investment administrative department of the Provincial Government.

    Other urban construction projects are subject to the approval of the investment administrative departments of district-based City, County (district) Governments.

VII. Social Undertakings

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