Measures for the Administration of the Confirmation and Recordation of Enterprise Investment Projects (2023 Revision)

Measures for the Administration of the Confirmation and Recordation of Enterprise Investment Projects (2023 Revision)

(Issued by Order No. 2 of the National Development and Reform Commission on March 8, 2017, coming into force on April 8, 2017, and revised by Order No. 1 of the National Development and Reform Commission on March 23, 2023)

Chapter I General Provisions

Article 1 For the purposes of implementing enterprises' right to make their own investment decisions, regulating governments' confirmation and recordation of enterprise investment projects, achieving facilitative and efficient services and effective administration, and protecting enterprises' legitimate rights and interests in accordance with the law, these Measures are developed in accordance with the Administrative Licensing Law of the People's Republic of China, the Regulation on the Administration of the Confirmation and Recordation of Enterprise Investment Projects and other relevant laws and regulations.

Article 2 For the purpose of these Measures, “enterprise investment projects” (hereinafter referred to as “projects”) means thefixed asset investment projects invested in and constructed by enterprises within the territory of China, including the projects which use the funds raised by the enterprises themselves, and the projects which use the funds raised by the enterprises themselves and for which the enterprises apply for government investment subsidies and discounted interest of loans, among others.

Where an enterprise applies for government investment subsidies or discounted interest of loans for its project, it shall file a fund application report after performing the confirmation or recordation formalities.

Article 3 The competent investment departmentsof the people's governments at or above the county level shall perform the function of the comprehensive administration of investment projects.

Other departments of the people's governments at or above the county level shall, in accordance with the provisions of laws and regulations and on the basis of the division of functions as prescribed by the governments at the same level, perform the corresponding administration functions for investment projects.

Article 4 Confirmation administration or recordation administration shall be conducted respectively according to different circumstances of projects.

The projects which concern national security or involve the allocation of major productive forces nationwide, strategic resource development or vital public interests, among others, shall be subject to confirmation administration. Other projects shall be subject to recordation administration.

Article 5 The scope of the specific projects subject to confirmation administration and confirmation authorities and confirmation powershall be determined by the Catalogue of Investment Projects subject to Government Confirmation(hereinafter referred to as the “Catalogue”) issued by the State Council. Where there is any special provision on project confirmation scope or power in any law or administrative regulation or of the State Council, such provision shall prevail.

The Catalogue shall be researched and put forward by the competent investment department of the State Council in conjunction with the relevant departments and be implemented after being approved by the State Council, and be adjusted at appropriate time according to the actual circumstances.

Without the approval of the State Council, no department or region may adjust the confirmation scope and power determined by the Catalogue.

Article 6 The projects subject to recordation administration shall undergo the recordation formalities under the territorial principle, except as otherwise provided by the State Council.

The provincial governments at all levels shall take charge of developing the project recordation administration measures within their respective administrative regions, and specify the recordation authorities and their power.

Article 7 The administrative organs that have the power to confirm projects as prescribed in paragraph 1 of Article 5 of these Measures are collectively referred to as “project confirmation authorities.” “Competent investment department of the State Council” as mentioned in the Catalogue means the National Development and Reform Commission (“NDRC”); and the specific authorities in charge of the confirmation of the projects that shall be confirmed by provincial and local governments as prescribed by the Catalogue shall be determined by provincial governments.

The confirmation of a project by the project confirmation authority is an administrative licensing item, and the funds required for administrative licensing shall be guaranteed by the public finance at the same level.

The administrative organs that have the power to conduct project recordation in accordance with the special provisions issued by the State Council and the provisions of provincial governments are collectively referred to as “project confirmation authorities.”

Article 8 Enterprises shall make decisions and assume risks by themselves with respect to market prospects, economic benefits, capital sources and product technical proposals, among others, of their projects, and the project confirmation and recordation authorities and other administrative organs shall not illegally interfere with enterprises' right to make their own investment decisions.

Article 9 Project confirmation and recordation authorities and their staff members shall grant confirmation to and conduct recordation of projects in accordance with the law, and may not increase or decrease examination conditions nor exceed the time limitfor handling without approval.

Article 10 Project confirmation and recordation authorities shall, under the principles of convenience for the people and efficiency, improve the efficiency in handling affairs, and provide quality services.

Project confirmation and recordation authorities shall develop and publicly disclose the service guides listing the declaration materials for project confirmation, required annexes, acceptance method, examination conditions, handling process, handling time limit and other contents; and shall list the information and contents required by project recordation, and handling process, among others, improve work transparency, and provide guidance and services for enterprises.

Article 11 The relevant departments of the people's governments at or above the county level shall, in accordance with the relevant laws and regulations and the relevant provisions of the governments at the same level, establish and improve the supervision system for project confirmation and recordation authorities, and strengthen the supervision and inspection of the confirmation and recordation of projects.

The governments at all levels and their relevant departments shall, in accordance with the relevant laws, regulations and provisions, conduct supervision and administration of enterprises' engaging in the fixed asset investment activities.

All entities and individuals shall have the right to report violations of laws and regulations during the implementation of project confirmation, recordation and construction to the relevant departments. The relevant departments shall verify and handle them in a timely manner.

Article 12 The online acceptance, handling, supervision and services of project confirmation ad recordation shall be conducted through the national investment project online approval regulatory platform (hereinafter referred to as the “online platform”), except that the projects involve state secrets, so as to enable the inquiry and supervision of the confirmation and recordation process and the results.

Article 13 Project confirmation and recordation authorities and other relevant departments shall handle the relevant formalities by using the project codes generated through the online platform in a unified manner.

When a project declaration is made through the online platform, a unique project code is generated as the identify label of the whole construction cycle of the project. The project approval information, regulation (punishment) information and important information in the process of project implementation shall be integrated into the project code in a unified manner, and connect with the social credit system as the basic condition for the follow-up regulation.

Article 14 Project confirmation and recordation authorities and the relevant departments shall, through the online platform, publicly disclose the development planning, industrial policies and access standards related to the projects, and publicly disclose the handling conditions, handling process, and handling time limit, among others, for project confirmation and recordation and other matters.

Project confirmation and recordation authorities shall, in accordance with the relevant provisions of the Regulation of the People's Republic of China on the Public Disclosure of Government Information, publicly disclose the confirmation and recordation results, and may not publicly disclose the key information on major projects in violation of laws or regulations.

Article 15 Enterprises shall, when making investments in the construction of fixed asset investment projects, comply with the laws and regulations issued by the state, conform to the overall national economic and social development planning, special plans, regional plans, industrial policies, market access standards, resource development, energy consumption and environment management and other requirements, perform in accordance with law project confirmation or recordation and other relevant formalities, undergo in accordance with the law relevant formalities for urban and rural planning, land (sea area) use, environmental protection, energy resources utilization, and work safety, among others, and truthfully provide relevant materials and report relevant information.

Article 16 For the project confirmation or recordation conducted by a project confirmation or recordation authority, a relevant interested party shall have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Chapter II Application Documents for Project Confirmation

Article 17 An enterprise shall, when undergoing the project confirmation formalities, prepare a project application report in accordance with the relevant provisions issued by the state, and, after obtaining the relevant documents that shall be attached in accordance with the law as prescribed in Article 22, submit them in accordance with the provisions of Article 23 of these Measures.

Article 18 The project entities that organize the preparation and submission of project application reports shall be responsible for the authenticity, legality and completeness of project application reports and the documents that shall be attached in accordance with the law.

Article 19 A project application report shall include the following contents:

(1) Information on the project entity.

(2) Information on the project to be constructed, including the project name, construction site, construction scale, and construction contents, among others.

(3) Analysis on the project resource utilization and impacts on the ecological environment.

(4) Analysis on the economic and social impacts of the project.

Article 20 The general texts of project application reports shall be developed by the competent investment department of the State Council in conjunction with the relevant departments, and the model texts of the project application reports of the main industries shall be developed by the corresponding project confirmation authorities by reference to the general texts of project application reports.

Article 21 A project entity may prepare a project application report on its own, or independently authorize an engineering consultation entity with relevant experience and capabilities to prepare the report. No entity or individual may force a project entity to authorize an intermediary service agency to prepare a project application report.

A project entity or the engineering consultation entity authorized thereby shall prepare a project application report in accordance with the requirements of the general texts of project application reports and industry model texts.

An engineering consultation entity authorized to prepare the relevant documents shall prepare documentsin a legal, independent, objective and impartial manner, and be responsible for the documents it prepares.

Article 22When a project entity submits a project application report, it shall attach the following documents in accordance with the provisions of the relevant laws and regulations issued by the state:

(1)The land (sea) use pre-examination and site-selection proposal issued by the natural resources department.

(2) Other relevant formalities that need to be handled in accordance with the provisions of laws and administrative regulations.

Chapter III Basic Procedures for Project Confirmation

Article 23 Where a local enterprise invests in the construction of a project that shall be subject to the confirmation by the competent investment department of the State Council and the industry administrative department of the State Council respectively, it may forward......