国家计委、国家经贸委关于扩大地方鼓励类不需要国家综合平衡的外
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(Issued by the State Development Planning Commission and the State Economic and Trade Commission on 6 December 1999.) To the Planning Commissions (Planning and Economic Commissions) and Economic and Trade Commissions (Economic Commissions) of each province, autonomous region, municipality directly under the central government and municipality with independent development plans: We hereby notify you concerning matters relevant to encouraged category foreign investment projects requiring overall State balancing and to expanding local examination and approval authority for encouraged category foreign investment projects not requiring overall State balancing, in order to implement the General Office of the State Council, Transmitting the Opinions of the Ministry of Foreign Trade and Economic Cooperation and Others on Further Encouraging Foreign Investment at Present (Guo Ban Fa [1999] No. 73). 1. Encouraged category foreign investment projects requiring overall State balancing Foreign investment projects in the encouraged category of the Foreign Investment Industrial Guidance Catalogue (as amended in 1997) which meet one of the following conditions require overall State balancing: (1) Foreign investment projects which require investment from the central budget or loans from State policy banks, or capital construction or technological transformation loans to be extended by the Industrial and Commercial Bank of China, China Construction Bank, the Bank of China or the Agricultural Bank of China with interest subsidies from the State, as well as equity and cooperative joint venture projects with foreign investors which use State-owned assets formed through the use of the aforementioned investments or sovereign foreign debt investments. (2) Foreign investment projects which have an impact upon the national economy, the people's livelihood or the distribution of productive forces. 1) Infrastructure projects, including railway, highway, bridge, tunnel, port, civilian airport, pipeline transport, urban subway and light rail, fossil-fuel power station, nuclear power station and comprehensive water resource hub (including hydropower) projects. 2) Important industrial projects, including projects for the manufacture of urban railway transport equipment, projects for the production of automatic transmissions for automobiles, and oil refining, petrochemical, pulp, cement, plate glass, chemical fibre and raw material, diacetate cellulose and tow, chemical fertilizer and agricultural chemical projects. 3) Electronic equipment and communications projects, including the production of digital mobile communications products, the manufacture of 2.5 Gh/s and above synchronous transmission equipment, the manufacture of asynchronous transfer mode switching equipment, the manufacture of digital cross connecting equipment, the manufacture of data communication multimedia system equipment, the manufacture of new technology equipment for supporting communications networks, the manufacture of network access communications equipment, the manufacture of ISDN equipment, the manufacture of single mode optical fibres, the manufacture of satellite communications equipment, the manufacture of new display devices (flat panel monitors and screens), the production of compatible digital televisions and high definition televisions and the manufacture of air traffic control equipment. 4) Aerospace projects, including the design and manufacture of civilian aircraft and parts and components therefor, the manufacture of aircraft engines and onboard equipment, the manufacture of light gas-powered turbines, the design and manufacture of civilian satellites and of parts, components and payloads therefor and the development of application technologies therefor, and the design and manufacture of civilian carrier rockets. 5) Mining projects, including gold exploration and extraction and the development and use of rare earths. (3) Projects for which laws and regulations stipulate that land use requires the examination and approval of the State Council, forestry land projects, and projects which consume large volumes of fresh water resources or which may damage or pollute such resources. (4) Projects which require State import and export quotas or licences. (5) Pilot projects for foreign investment methods newly introduced or in fields newly deregulated by the State. 2. Encouraged category foreign investment projects not requiring overall State balancing With the exception of the projects listed above, foreign investment projects in the encouraged category of the Foreign Investment Industrial Guidance Catalogue (as amended in 1997) do not require overall State balancing. 3. Examination, approval and record-filing of foreign investment projects (1) Foreign investment projects at or above the limit in the encouraged category of the Foreign Investment Industrial Guidance Catalogue which require overall State balancing (including projects below the limit for the exploration and/or extraction of gold and the development and/or use of rare earths) shall continue to be reported to the relevant State authority for examination and approval in accordance with current examination and approval procedures. The examination and approval procedures and the examination and approval authority for foreign investment projects in the permitted category, restricted category and encouraged category below the limit shall remain unchanged. (2) Foreign investment projects in the encouraged category at or above the limit which do not require overall balancing by the State shall be subject to examination and approval by the provinces, autonomous regions, municipalities directly under the central government and municipalities with independent development plans themselves, and such examination and approval authority may not be delegated to lower levels. Copies of the approval documents for the project proposals and feasibility studies for such projects shall be submitted to the State Development Planning Commission or the State Economic and Trade Commission for its records, depending on the nature of the project. If the State Development Planning Commission or the State Economic and Trade Commission has not raised any objections within one month of the date of receipt of the approval document for record-filing, it shall be deemed to have agreed and the preliminary work for the project shall continue. After the relevant authority of the province, autonomous region, municipality directly under the central government or municipality with independent development plans sends out a copy of an approval document for record-filing, it shall be responsible for ascertaining whether the higher level authority has received the document, in order to properly coordinate the record-filing activities. The current delegation of examination and approval authority for encouraged category foreign investment projects not requiring overall State balancing is a proactive measure taken by the State Council to broaden the opening to the outside world and attract more foreign investment. It is hoped that the relevant authorities of the provinces, autonomous regions, municipalities directly under the central government and municipalities with independent development plans will conscientiously do their work. If during implementation, problems or other foreign investment projects requiring overall State balancing are discovered, a report shall be made to the authority in charge at the higher level in a timely manner. If problems in the form of breaking up a project to skirt the limit, ultra vires approvals or duplicated construction are discovered during implementation, the liability of the examination and approval authority will be pursued. |
