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

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Guo Fa (2014) No.53

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. For projects subject to registration with the State Council in accordance with the relevant provisions, the National Development and Reform Commission shall, upon approval, report the same to the State Council for registration. For projects reported, upon review, to the State Council for approval, and projects subject to the approval of the competent investment department under the State Council, the opinions of the industrial administrative department under the State Council shall be solicited in advance. For projects subject to the approval of local governments, provincial-level governments may, in light of local conditions, divide the specific approval authority of local governments at all levels. For projects subject to the approval of provincial-level governments, the approval authority shall not be delegated to lower levels.

Article 6 If there are special provisions provided for by laws, administrative regulations or the State, such provisions shall prevail. The competent commerce authorities shall carry out reviews or register the establishment or changes of foreign-invested enterprises and investments in the establishment of overseas enterprises (excluding financial enterprises) by domestic enterprises in accordance with the relevant provisions of the State.

Article 7 The Catalogue shall come into force as of the date of promulgation. The Catalogue of Investment Projects Subject to the Approval of the Government (2013 Version) shall be repealed simultaneously.

State Council

October 31, 2014

 

(This document is for public use)

 

Catalogue of Investment Projects Subject to the Approval of the Government (2014 Version)

 

Article 1 Agriculture and Water Conservancy

Agriculture: the projects involving wasteland reclamation shall be subject to the approval of provincial-level governments.

Reservoirs: the projects constructed on transboundary rivers or on rivers crossing two or more provinces (autonomous regions or municipalities directly under the Central Government) shall be subject to the approval of the competent investment department under the State Council. Among them, reservoirs with a storage capacity of 1 billion m3 or above or involving 10,000 displaced residents or above shall be subject to the approval of the State Council; while other projects shall be subject to the approval of local governments.

Other water projects: the projects involving the allocation of water resources from transboundary rivers or rivers crossing two or more provinces (autonomous regions or municipalities directly under the Central Government) shall be subject to the approval of the competent investment department under the State Council, while other projects shall be subject to the approval of local governments.

Article 2 Energy

Hydropower stations: the projects built on transboundary rivers or on rivers crossing two or more provinces (autonomous regions or municipalities directly under the Central Government) with a total installed capacity of 500,000 kW or above per station shall be subject to the approval of the competent investment department under the State Council. Among them, projects with a total installed capacity of 3 million kW or above per station or involving 10,000 displaced residents or above shall be subject to the approval of the State Council; while other projects shall be subject to the approval of local governments.

Pumped storage power stations: the projects shall be subject to the approval of provincial-level governments.

Thermal power stations: the projects shall be subject to the approval of provincial-level governments. Among them, coal-fired thermal power projects shall be approved in accordance with the construction plans developed by the State on the basis of total volume control.

Heat power stations: the projects shall be subject to the approval of local governments. Among them, extraction condensing coal-fired power projects shall be subject to the approval of provincial-level governments in accordance with the construction plans developed by the State on the basis of total volume control.

Wind power stations: the projects shall be subject to the approval of local governments in accordance with the construction plans developed by the State on the basis of total volume control and the annual guiding development size.

Nuclear power stations: the projects shall be subject to the approval of the State Council.

Power grid projects: the direct current projects of ±500 KV or above, and alternating current projects of 500 KV, 750 KV, and 1,000 KV which cross two or more provinces (autonomous regions or municipalities directly under the Central Government) shall be subject to the approval of the competent administrative department under the State Council. Among them, direct current projects of ±800 KV or above and alternating current projects of 1,000 KV shall be reported to the State Council for registration. Other projects shall be subject to the approval of local governments. Among them, direct current projects of ±800 KV or above and alternating current projects of 1,000 KV shall be approved in accordance with the State's plans.

Coal mines: the coal exploitation projects with new production capacity of 1.2 million t or above in the mining areas planned by the State shall be subject to the approval of the industrial administrative department under the State Council. Among them, projects with new production capacity of 5 million t or above shall be reported to the State Council for registration; while other coal exploitation projects within the mining areas planned by the State shall be subject to the approval of provincial-level governments. The rest of the general coal exploitation projects shall be subject to the approval of local governments. New coal exploitation projects involving coal and gas outburst and high gas, and small- and medium-sized coal exploitation projects prohibited by the State shall not be approved.

Coal-to-fuels: the coal-to-natural gas projects with an annual output over 2 billion m3 and coal-to-liquids projects with an annual output over 1 million t shall be subject to the approval of the competent investment department under the State Council.

Receiving and storage facilities for liquefied petroleum gas (excluding supporting projects of oil and gas fields and refineries): the projects shall be subject to the approval of provincial-level governments.

Receiving and storage facilities for liquefied petroleum gas imports: newly-built projects (including expansion projects in other regions) shall be subject to the approval of the industrial administrative department under the State Council. Among them, newly-built receiving and storage projects with a capacity of 3 million t or above shall be reported to the State Council for registration; while other projects shall be subject to the approval of provincial-level governments.

Oil pipeline networks (excluding gathering and transportation pipeline networks of oilfields): major pipeline networks crossing two or more provinces (autonomous regions or municipalities directly under the Central Government) shall be subject to the approval of the competent investment department under the State Council. Among them, transnational projects shall be reported to the State Council for registration; while other projects shall be subject to the approval of provincial-level governments.

Gas pipeline networks (excluding gathering and transportation pipeline networks of oil and gas fields): major pipeline networks crossing two or more provinces (autonomous regions or municipalities directly under the Central Government) shall be subject to the approval of the competent investment department under the State Council. Among them, transnational projects shall be reported to the State Council for registration; while other projects shall be subject to the approval of provincial-level governments.

Oil refining: newly-built refinery projects and expansion of one-time refinery projects shall be subject to the approval of the competent investment department under the State Council. Among them, expansion projects listed in the State's energy development plan and petrochemical industry planning scheme approved by the State Council shall be subject to the approval of provincial-level governments.

Denatured fuel ethanol: the projects shall be subject to the approval of provincial-level governments.

Article 3 Transportation

Newly-built (including expanded) railways: projects crossing two or more provinces (autonomous regions or municipalities directly under the Central Government) and trunk-line projects in national railway network shall be subject to the approval of the competent investment department under the State Council, and other projects in national railway network shall be subject to the discretion of China Railway Corporation and be reported to the competent investment department under the State Council for registration, while other local railway projects shall be subject to the approval of provincial-level governments in accordance with plans approved by the State.

Highways: national expressway network projects shall be subject to the approval of the competent investment department under the State Council, while ordinary national highway network projects shall be subject to the approval of provincial-level governments. Local expressway projects shall be subject to the approval of provincial-level governments in accordance with the relevant plans, while other projects shall be subject to the approval of local governments.

Independent highways(railways), bridges and tunnels: transnational projects or projects crossing 100,000 t or above channels or projects crossing great rivers (currently as or planned to be Grade 1 or above navigation leg) shall be subject to the approval of the competent investment department under the State Council. Among them, transnational projects shall be reported to the State Council for registration. Other projects in national railway network shall be at the discretion of China Railway Corporation and be reported to the competent investment department under the State Council for registration, while other projects shall be subject to the approval of local governments.

Appropriated berths for coal, ore, and oil and gas: coastal (including Yangtze River-Nanjing area and downstream) newly-built projects with annual throughput of 10 million t or above shall be subject to the approval of the competent investment department under the State Council, while other projects shall be subject to the approval of provincial-level governments.

Specialized wharfs for containers: coastal (including Yangtze River-Nanjing area and downstream) newly-built projects with annual throughput of 1 million standard containers or above shall be subject to the approval of the competent investment department under the State Council, while other projects shall be subject to the approval of provincial-level governments.

Inland navigation: the 1,000 t or above navigation and hydropower junction projects constructed on high-grade channels crossing two or more provinces (autonomous regions or municipalities directly under the Central Government) shall be subject to the approval of the competent investment department under the State Council, while other projects shall be subject to the approval of local governments.

Civil aviation: newly-built transport airport projects shall be subject to the approval of the State Council, while newly-built general-purpose airport projects and expanded civil and military airport projects shall be subject to the approval of provincial-level governments.

Article 4 Information Industry

Telecommunication: international communication infrastructure projects shall be subject to the approval of the competent investment department under the State Council, while domestic main-line transmission network (including broadcast network) and other telecommunication infrastructure projects relating to information safety shall be subject to the approval of the industrial administrative department under the State Council.

Article 5 Raw Materials

Development of rare earth, iron ore and nonferrous mines: rare earth mine exploitation projects shall be subject to the approval of the industrial administrative department under the State Council, while other projects shall be subject to the approval of provincial-level governments.

Petrochemical: newly-built ethylene projects shall be subject to the approval of provincial-level governments in accordance with petrochemical industry planning scheme approved by the State Council.

Chemical industry: coal-based methanol-to-olefins projects with annual capacity over 500,000 t and coal-to-methanol projects with annual capacity over 1 million t shall be subject to the approval of the competent investment department under the State Council, while newly-built PX projects and newly-built MDI projects shall be subject to the approval of provincial-level governments in accordance with petrochemical industry planning scheme approved by the State Council.

Rare earth: smelting and separation projects shall be subject to the approval of the industrial administrative department under the State Council, while rare earth deep processing projects shall be subject to the approval of provincial-level governments.

Gold: mining and ore dressing projects shall be subject to the approval of provincial-level governments.

Article 6 Machinery Manufacturing

Automobile: the relevant projects shall be governed by the Policy on Development of Automotive Industry approved by the State Council.

Article 7 Light Industry

Tobacco: cigarette, diacetate cellulose and tow for cigarette projects shall be subject to the approval of the industrial administrative department under the State Council.

Article 8 High and New Technology

Civil aerospace: manufacturing projects of trunk airliners and regional airliners, 6-t/9-seat or above general-purpose planes and 3-t or above helicopters, manufacturing projects of civil satellites and construction projects of earth stations for civil remote sensing satellites shall be subject to the approval of the competent investment department under the State Council, while manufacturing projects of 6-t/9-seat below general-purpose planes and 3-t below helicopters shall be subject to the approval of provincial-level governments.

Article 9 Urban Construction

Urban rail rapid transmit projects shall be subject to the approval of provincial-level governments in accordance with plans approved by the State.

Urban roads, bridges and tunnels: projects crossing 100,000-t or above channels or projects crossing great rivers (currently as or planned to be Grade 1 or above navigation leg) shall be subject to the approval of the competent investment department under the State Council.

Other urban construction projects shall be subject to approval or registration at the discretion of local governments.

Article 10 Social Undertakings

Theme parks: extra-large projects shall be subject to the approval of the State Council, and large-scale projects shall be subject to the approval of the competent investment department under the State Council, while small and medium sized projects shall be subject to the approval of provincial-level governments.

Tourism: national scenic areas, state-level nature reserves, tourism development and resources conservation projects within major historical and cultural sites protected at the national level with total investment of CNY50 million or above and projects within world natural or cultural heritage sites with total investment of CNY30 million or above shall be subject to the approval of provincial-level governments.

Other projects related to social undertakings: except for those projects specifically changed by the State Council into registration management, all other projects shall be subject to approval or registration at the discretion of the industrial administrative department under the State Council or local governments according to their administrative subordination relations.

Article 11 Foreign Investment

Encouraged projects with total investment (including capital increase) of USD1 billion or above which are controlled (including relative controlling) by a Chinese party and restricted projects (excluding real estate) with total investment (including capital increase) of USD100 million or above in the Catalogue for the Guidance of Foreign Investment Industries shall be subject to the approval of the competent investment department under the State Council. Among them, projects with total investment (including capital increase) of USD2 billion or above shall be reported to the State Council for registration. Restricted real estate projects and other restricted projects with total investment (including capital increase) of less than USD100 million in the Catalogue for the Guidance of Foreign Investment Industries shall be subject to the approval of provincial-level governments. Encouraged projects with total investment (including capital increase) less than USD1 billion which are controlled (including relative controlling) by a Chinese party in the Catalogue for the Guidance of Foreign Investment Industries shall be subject to the approval of local governments.

Projects not prescribed in the preceding paragraph but included in Articles 1 to 10 of the Catalogue shall be subject to the approval as specified therein.

Article 12 Overseas Investment

Projects involving sensitive countries and regions or sensitive industries shall be subject to the approval of the competent investment department under the State Council.

Investment projects of enterprises under the management of the Central Government and projects of local enterprises with total investment of USD300 million or above not prescribed in the preceding paragraph shall be reported to the competent investment department under the State Council for registration.

Chinese Version 

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