The State Council on Issuing Government-approved Investment ProjectsNotice of Catalogue (2016 Edition)
Guo Fa [2016] No.72
People’s governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
In order to implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening the Reform of Investment and Financing System, further intensify the reform of decentralization, combination of decentralization and management, and optimize services, make the market play a decisive role in the allocation of resources, give full play to the role of the government, effectively change the government’s investment management functions, strengthen and improve macro-control, establish the dominant position of enterprises in investment, and stimulate the vitality of market players in expanding reasonable and effective investment and innovation and entrepreneurship, the Catalogue of Investment Projects Approved by the Government (2016 edition) is hereby issued.
First, enterprises investing in the construction of fixed assets investment projects in this catalogue shall be submitted to the relevant project approval authorities for approval in accordance with regulations. Enterprises investing in the construction of projects outside this catalogue shall be subject to record management. Institutions, social organizations and other investment projects shall be implemented in accordance with this catalogue.
The development projects of crude oil and natural gas (including coalbed methane) shall be decided by the enterprises with mining rights, and reported to the industry management department of the State Council for the record. Relevant enterprises with mining rights should adhere to overall planning in accordance with relevant laws and regulations, rationally develop and utilize resources and avoid disorderly exploitation of resources.
2. Laws, administrative regulations and national development plans, industrial policies, total control targets, technical policies, access standards, land use policies, environmental protection policies, sea island policies, credit policies, etc. are the important basis for enterprises to carry out pre-project work, and are the basis for project examination by project approval authorities, land and resources, environmental protection, urban and rural planning, marine management, industry management and other departments and financial institutions.
The development and reform department shall, jointly with relevant departments, pay close attention to the preparation and improvement of special plans in related fields, so as to provide a basis for project approval in various regions.
The environmental protection department should implement classified management according to the impact of the project on the environment, strictly examine and approve the environmental impact and high environmental risk projects, and strengthen the supervision after the event.
Third, we should give full play to the normative and guiding role of development planning, industrial policies and access standards in investment activities. Take development planning as an important means to guide investment direction, stabilize investment operation, standardize project access, optimize project layout, and rationally allocate resources such as funds, land, energy and human resources. Improve the industrial structure adjustment guidance catalogue, foreign investment industry guidance catalogue, etc., to provide basis and guidance for enterprise investment activities. Build a more scientific, perfect and operable industry access standard system, and strengthen market access standards such as land saving, energy saving and water saving, environment, technology and safety. Improve the macro-control policies and measures of the industry and the inter-departmental coordination mechanism, form a joint effort, and promote the orderly development of related industries.
4. For projects in industries with serious overcapacity, such as steel, electrolytic aluminum, cement, flat glass and ships, the Guiding Opinions of the State Council on Resolving the Contradiction of Serious Overcapacity (Guo Fa [2013] No.41) shall be strictly implemented, and all localities and departments shall not file new capacity projects in any other name or in any way, and all relevant departments and institutions shall not handle the supply, evaluation and evaluation of land (sea areas and uninhabited islands).
For coal mine projects, it is necessary to strictly implement the requirements of "the State Council’s Opinions on Resolving Excess Capacity in the Coal Industry to Realize Development from Difficulties" (Guo Fa [2016] No.7), and in principle stop approving new coal mine projects, technological transformation projects with new capacity and nuclear capacity increase projects within three years from 2016; If it is really necessary to build new coal mines, all reduction and replacement will be implemented.
Strictly control the production capacity of new traditional fuel vehicles, and in principle, no new traditional fuel vehicle production enterprises will be approved. Actively guide the healthy and orderly development of new energy vehicles. Newly-built new energy vehicle manufacturers must have key technologies such as power systems and vehicle research and development capabilities, and meet the relevant requirements such as the Management Regulations for Newly-built Pure Electric Passenger Vehicle Enterprises.
Five, the project approval authority should improve and perfect the management measures, effectively improve the administrative efficiency, earnestly perform the approval duties, and conduct the review in strict accordance with the requirements of the prescribed authority, procedures and time limit. Relevant departments should closely cooperate with each other, improve management measures accordingly and strengthen the management of investment activities according to law in accordance with the division of responsibilities.
Six, according to the principle of who approves who supervises, who is in charge of who supervises, implement the supervision responsibility, pay attention to the local government’s role of supervision nearby, the professional advantages of industry management departments and environmental protection, quality supervision, safety supervision and other departments, as well as the comprehensive supervision function of investment authorities, to achieve coordinated supervision. After the authority for approval and filing of investment projects is decentralized, the regulatory responsibility should be moved down synchronously. Local governments at all levels and their relevant departments should actively explore innovative ways and means of supervision, strengthen supervision after the event, and earnestly assume regulatory responsibilities.
Seven, in accordance with the provisions of the project approved by the State Council, approved by the National Development and Reform Commission after the audit report to the State Council. For the projects approved by the investment authorities in the State Council and the State Council, the opinions of the industry management departments in the State Council shall be sought in advance.
Eight, approved by the local government projects, the provincial governments can according to the local actual situation, in accordance with the principle of matching the decentralization level and the ability to undertake, the specific division of local governments at all levels of management authority, formulate a unified catalogue of government approved investment projects within their respective administrative areas. The ability of grass-roots government to undertake should be regarded as an important factor in the division of government management authority, and it is not appropriate to simply "put it in the end". For projects involving the major planning and layout of the region and the development and allocation of important resources, we should give full play to the advantages of provincial departments in terms of policy grasp and technical strength, and be approved by provincial governments. In principle, they should not be decentralized to municipal governments, and they should not be decentralized to governments at or below the county level.
Nine, to cancel the approval to record the management of the project, the project registration authority should strengthen the development planning, industrial policy and access standards, industry management departments and urban and rural planning, land management, environmental protection, safety supervision and other departments should strengthen the guidance and restraint of the project according to the division of responsibilities.
Ten, laws, administrative regulations and the state have special provisions, in accordance with the relevant provisions. The competent department of commerce shall, in accordance with the relevant provisions of the state, examine and record the establishment and change of foreign-invested enterprises and the establishment of enterprises (except financial enterprises) by domestic enterprises abroad.
XI. This Catalogue shall be implemented as of the date of promulgation, and the Catalogue of Investment Projects Approved by the Government (2014 edition) shall be invalidated.
the State Council
December 12, 2016
(This piece is publicly released)
Catalogue of Investment Projects Approved by the Government (2016 edition)
I. Agricultural water conservancy
Agriculture: Projects involving land reclamation are approved by the provincial government.
Water conservancy projects: major water conservancy projects involving cross-border rivers and inter-provincial (autonomous regions and municipalities) water resources allocation adjustment are approved by the investment authorities in the State Council, among which reservoir projects with a storage capacity of 1 billion cubic meters or more or involving 10,000 migrants or more are approved by the State Council. Other projects are approved by local governments.
Second, energy
Hydropower station: projects with a total installed capacity of 500,000 kilowatts and above built on cross-border rivers and inter-provincial (autonomous regions and municipalities) rivers are approved by the investment authorities in the State Council, and projects with a total installed capacity of 3 million kilowatts and above or involving 10,000 immigrants and above are approved by the State Council. Other projects are approved by local governments.
Pumped storage power station: approved by the provincial government in accordance with the relevant plans formulated by the state.
Thermal power station (including self-provided power station): approved by the provincial government, in which coal-fired and gas-fired thermal power projects should be approved in the construction plan formulated by the state according to the total amount control.
Thermal power station (including self-provided power station): approved by the local government, in which the condensing coal-fired thermal power project is approved by the provincial government within the construction plan formulated by the state according to the total amount control.
Wind power station: approved by the local government within the scope of the national construction plan and annual development guidance based on total control.
Nuclear Power Plant: Approved by the State Council.
Power grid projects: 500 kV and above DC projects involving cross-border and inter-provincial (autonomous regions and municipalities) power transmission, 500 kV, 750 kV and 1000 kV AC projects involving cross-border and inter-provincial (autonomous regions and municipalities) power transmission, which are approved by the investment authorities in the State Council, among which 800 kV and above DC projects and 1000 kV AC projects are reported to the State Council for filing; 500 kV and above DC projects and 500 kV, 750 kV and 1000 kV exchange projects that do not involve cross-border and inter-provincial (autonomous regions and municipalities) power transmission shall be approved by the provincial government in accordance with the relevant plans formulated by the state, and the rest shall be approved by the local government in accordance with the relevant plans formulated by the state.
Coal mine: coal development projects with an annual production capacity of 1.2 million tons and above in the national planned mining area are approved by the industrial management department of the State Council, among which projects with an annual production capacity of 5 million tons and above are approved by the investment department of the State Council and reported to the State Council for the record; The remaining coal development projects and general coal development projects in the state-planned mining areas are approved by the provincial government. Projects prohibited by the state from construction or included in the scope of elimination and withdrawal shall not be approved.
Coal-to-fuel: the coal-to-natural gas project with an annual output of more than 2 billion cubic meters and the coal-to-oil project with an annual output of more than 1 million tons shall be approved by the competent investment department of the State Council.
Liquefied petroleum gas receiving and storage facilities (excluding supporting projects of oil and gas fields and refineries): approved by local governments.
Receiving, storage and transportation facilities for imported LNG: Newly-built (including expansion in different places) projects are approved by the industrial management department of the State Council, among which newly-built projects with receiving, storage and transportation capacity of 3 million tons or more are approved by the investment department of the State Council and reported to the State Council for filing. The remaining projects are approved by the provincial government.
Oil pipeline network (excluding oil field gathering and transportation pipeline network): Cross-border and inter-provincial (autonomous regions and municipalities) trunk pipeline network projects are approved by the competent investment department of the State Council, and cross-border projects are reported to the State Council for filing. Other projects are approved by local governments.
Gas pipeline network (excluding oil and gas gathering and transportation pipeline network): Cross-border and inter-provincial (autonomous regions and municipalities) trunk pipeline network projects are approved by the competent investment department of the State Council, and cross-border projects are reported to the State Council for filing. Other projects are approved by local governments.
Refining: Newly-built and expanded primary refining projects are approved by the provincial government in accordance with relevant plans approved by the state. Construction of new oil refining and expansion of primary oil refining projects that are not included in the relevant plans approved by the state is prohibited.
Denatured fuel ethanol: approved by the provincial government.
Third, transportation
New (including additional) railways: projects listed in the relevant plans approved by the state, which are mainly funded by China Railway Corporation, shall be decided by themselves and reported to the investment authorities in the State Council for the record, and those invested by other enterprises shall be approved by the provincial government; Local intercity railway projects are approved by the provincial government in accordance with the relevant plans approved by the state and reported to the investment authorities in the State Council for the record; The remaining projects are approved by the provincial government.
Highway: The national highway network and national highway network projects are approved by the provincial government in accordance with the relevant plans approved by the state, the local highway projects are approved by the provincial government, and the rest are approved by the local government.
Independent highway (railway) bridges and tunnels: Cross-border projects are approved by the investment authorities in the State Council and reported to the State Council for the record. The projects in the relevant planning approved by the state, mainly funded by China Railway Corporation, shall be decided by itself and reported to the investment department of the State Council for the record, and other enterprises shall be approved by the provincial government; The remaining independent railway bridges, tunnels and independent highway bridges and tunnels across the sea area of 100,000-ton and above navigation channels and across rivers (the current situation or planning is the navigation section of Grade I and above) shall be approved by the provincial government, and the projects across the Yangtze River trunk channel shall conform to the relevant plans approved by the state. Other projects are approved by local governments.
Special berths for coal, ore and oil and gas: approved by the provincial government according to the relevant plans approved by the state.
Container terminal: approved by the provincial government according to the relevant planning approved by the state.
Inland navigation: the navigation and power hub projects with a tonnage of 1,000 tons and above in high-grade waterways across provinces (autonomous regions and municipalities) are approved by the provincial government according to the relevant plans approved by the state, and the rest are approved by the local government.
Civil aviation: The new transport airport project is approved by the State Council and the Central Military Commission, and the new general airport project and the expansion of the military-civilian airport (except the runway) project are approved by the provincial government.
Fourth, the information industry
Telecommunications: International communication infrastructure projects are approved by the investment department of the State Council; Domestic trunk transmission networks (including radio and television networks) and other telecommunications infrastructure projects involving information security shall be approved by the industry management department of the State Council.
V. Raw materials
Development of rare earth, iron ore and non-ferrous mines: approved by the provincial government.
Petrochemical: Newly-built ethylene, p-xylene (PX) and diphenylmethane diisocyanate (MDI) projects are approved by the provincial government in accordance with the state-approved petrochemical industry planning and layout plan. Construction of new ethylene, paraxylene (PX) and diphenylmethane diisocyanate (MDI) projects that are not listed in the relevant plans approved by the state is prohibited.
Coal chemical industry: Newly-built projects of producing olefins from coal and producing paraxylene (PX) from coal shall be approved by the provincial government in accordance with relevant plans approved by the state. The new coal-to-methanol project with an annual output of more than 1 million tons shall be approved by the provincial government. The rest of the projects are prohibited from construction.
Rare earth: Rare earth smelting and separation projects and rare earth deep processing projects are approved by the provincial government.
Gold: Mining and mineral processing projects are approved by the provincial government.
Six, machinery manufacturing
Automobile: It shall be implemented in accordance with the Development Policy of Automobile Industry approved by the State Council. Among them, the new Sino-foreign joint venture car production enterprise project was approved by the State Council; The newly-built pure electric passenger car production enterprise (including the cross-class production of pure electric passenger cars by existing automobile enterprises) project shall be approved by the competent investment department of the State Council; The remaining projects are approved by the provincial government.
Seven, light industry
Tobacco: The project of cigarette, cellulose diacetate and tow for cigarette is approved by the industry management department of the State Council.
Eight, high and new technology
Civil aviation and aerospace: the manufacturing of trunk regional aircraft, general-purpose aircraft with 6 tons /9 seats or more and helicopters with 3 tons or more, the manufacturing of civil satellites and the construction of civil remote sensing satellite ground stations shall be approved by the competent investment department of the State Council; General-purpose aircraft with 6 tons /9 seats or less and helicopters with 3 tons or less are approved by the provincial government.
Nine, urban construction
Urban rapid rail transit project: approved by the provincial government in accordance with the relevant plans approved by the state.
Urban roads, bridges and tunnels: projects that cross the sea areas of 100,000-ton and above waterways and rivers (the current situation or planning is the first-class and above navigation section) are approved by the provincial government.
Other urban construction projects: the local government shall decide for approval or filing.
X. Social undertakings
Theme Park: Extra-large projects are approved by the State Council, and other projects are approved by provincial governments.
Tourism: tourism development and resource protection projects with a total investment of 50 million yuan or more in national scenic spots, national nature reserves and national key cultural relics protection units, and projects with a total investment of 30 million yuan or more in world natural and cultural heritage protection areas shall be approved by the provincial government.
Other social undertakings: according to the affiliation, the industry management departments and local governments in the State Council will decide for approval or filing.
XI. Foreign investment
Restricted projects with a total investment (including capital increase) of US$ 300 million or more in the Catalogue for the Guidance of Foreign Investment Industries shall be approved by the investment authorities in the State Council, among which projects with a total investment (including capital increase) of US$ 2 billion or more shall be reported to the State Council for the record. Restricted projects with a total investment (including capital increase) of less than $300 million in the Catalogue of Industries for Foreign Investment shall be approved by the provincial government.
Items listed in Articles 1 to 10 of this catalogue other than those specified in the preceding paragraph shall be implemented in accordance with Articles 1 to 10 of this catalogue.
XII. Overseas investment
Projects involving sensitive countries and regions and sensitive industries shall be approved by the competent investment department of the State Council.
Projects invested by centrally managed enterprises and projects invested by local enterprises with a value of US$ 300 million or more other than those specified in the preceding paragraph shall be reported to the investment authorities in the State Council for the record.