To the people's government of each province, autonomous region and municipality directly under the Central Government, the ministries and commissions under the State Council and the departments directly under the State Council:
To further deepen the reform of investment system and administrative examination and approval system, intensify simpler and decentralized administration, effectively transform governmental investment management function, enable the market to play a decisive role in resource allocation, establish the investment subject status of enterprises, better play the role of the government, strengthen and improve macroeconomic control, the Catalogue of Investment Projects Approved by Governments (2014) is hereby issued, and the notice on related matters is as follows:
I. When investing in the construction of the fixed asset investment projects in this Catalogue, the enterprises shall submit to relevant project approval authorities for approval in accordance with relevant provisions. If the enterprises invest in the construction of the projects outside this Catalogue, record keeping administration shall be implemented. As to the projects that the public institutions and social organizations, etc. invest in the construction, implement in accordance with this Catalogue.
Crude oil and natural gas development projects shall be decided by the enterprises with exploitation rights, and submitted to the industrial management department under the State Council for record. Relevant enterprises with exploitation rights shall, according to relevant laws and regulations, adhere to overall planning, rationally develop and utilize resources and avoid disordered exploitation of resources.
II. Laws, administrative regulations and the development planning, industrial policy, total amount control objectives, technology policy, access standards, land use policy, environmental protection policy and credit policy, etc. established by the state are important bases for enterprises to carry out the preparatory work of projects and the bases for project approval authorities, land resources, environmental protection, urban and rural planning and industrial management departments and financial institutions to examine the projects. Environmental protection departments shall implement hierarchical and classified management according to the environmental impact degree of projects, Implement strict environmental impact assessment examination and approval for the projects with great environmental impact and high environment risk, and strengthen process and afterward regulation.
III. For the projects of the industries with serious overcapacity such as steel, electrolytic aluminum, cement, plate glass and ships, etc., strictly implement the Guiding Opinions of the State Council on Resolving Serious Production Overcapacity Conflicts (G. F. [2013] No. 41), any localities and departments shall not, under any other name or by any means, record the projects with newly added production capacity, any relevant departments and institutions shall not handle land (sea area) supply, energy technology assessment, environment impact assessment examination and approval, new credit extension support, etc., and jointly promote all work of resolving serious production overcapacity conflicts.
IV. Project approval authorities shall improve and perfect administration measures, effectively improve administrative efficiency, carefully perform approval responsibilities and examine in strict accordance with the stipulated authorization, procedures and time limit, etc. Regulatory focus shall keep pace with the approval and record authority, local governments shall earnestly perform regulation responsibilities. Relevant departments shall cooperate closely, according to the division of responsibilities, correspondingly improve administration measures and strengthen the regulation on investment activities in accordance with law. For the projects not conforming to laws and regulations and the projects not approved or recorded according to the stipulated authorization and procedures, relevant departments shall not handle relevant formalities, financial institutions shall not provide credit support.
V. For the projects that shall be examined and approved by the State Council in accordance with relevant provisions, submit to the State Council for approval after examined by the National Development and Reform Commission. For the projects that shall be submitted to the State Council for record in accordance with relevant provisions, submit to the State Council for record after approved by the National Development and Reform Commission. For the projects that shall be submitted to the State Council for approval and the investment competent department under the State Council for approval, solicit the opinions of the industrial management department under the State Council in advance. For the projects that shall be approved by local governments, provincial government shall, according to local actual situations, divide the specific approval authority of local governments at various levels. For the projects that shall be approved by provincial governments, approval authority shall not be transferred to lower levels.
VI. For the projects specially required by laws, administrative regulations and the state, implement in accordance with relevant provisions. Commercial competent departments shall implement approval or record keeping administration on the establishment and changes of foreign-invested enterprises and the enterprises (except financial enterprises) invested and set up overseas by domestic enterprises in accordance with the national relevant provisions.
VII. This Catalogue shall take effect since the date of issuing, the Catalogue of Investment Projects Approved by Governments (2013) shall be invalidated on that same day.
The State Council
October 31, 2014
(Public release)
Catalogue of Investment Projects Approved by Governments (2014)
I. Agriculture and water conservancy
Agriculture: The projects involving land reclamation shall be approved by provincial governments.
Reservoir: The projects built on cross-border rivers and trans-provincial (regional, municipal) rivers shall be approved by the investment competent department under the State Council, of which the projects with the reservoir capacity of 1 billion cubic meters and above or involving migrants of 10,000 and above shall be approved by the State Council. Other projects shall be approved by local governments.
Other water projects: The projects involving the allocation adjustment of cross-border rivers and trans-provincial (regional, municipal) water resources shall be approved by the investment competent department under the State Council, other projects shall be approved by local governments.
II. Energy sources
Hydropower station: The projects built on cross-border rivers and trans-provincial (regional, municipal) rivers and with the installed gross capacity of single station reaching 500,000KW and above shall be approved by the investment competent department under the State Council, of which the projects with the installed gross capacity of single station reaching 3,000,000KW and above or involving migrants of 10,000 and above shall be approved by the State Council. Other projects shall be approved by local governments.
Pumped storage power station: The projects shall be approved by provincial governments.
Thermal power station: The projects shall be approved by provincial governments, of which the coal fired thermal power projects shall be approved within the construction planning established by the state on the basis of total amount control.
Heat power station: The projects shall be approved by local governments, of which extraction condensing coal fired heat power projects shall be approved by provincial governments within the construction planning established by the state on the basis of total amount control.
Wind power station: The projects shall be approved by local governments within the construction planning and annual development guidance scale established by the state on the basis of total amount control.
Nuclear power station: The projects shall be approved by the State Council.
Power network projects: Cross-border and trans-provincial (regional, municipal) ±500KV and above DC projects, cross-border and trans-provincial (regional, municipal) 500KV, 750KV and 1,000KV AC projects shall be approved by the investment competent department under the State Council, of which ±800KV and above DC projects and 1,000KV AC projects shall be submitted to the State Council for record; other projects shall be approved by local governments, of which ±800KV and above DC projects and 1,000KV AC projects shall be approved according to the planning established by the state.
Coal mine: Coal development projects within the mining areas embraced in State plans and with the newly added annual production capacity of 1.2 million tons and above shall be approved by the industrial management department under the State Council, of which the projects with the newly added annual production capacity of 5 million tons and above shall be submitted to the State Council for record, other coal development projects within the mining areas embraced in State plans shall be approved by provincial governments; other general coal development projects shall be approved by local governments. The coal and gas outburst, high gas and small and medium-sized coal development projects that are prohibited by the state shall not be approved.
Coal fuel: Coal gas projects with the annual output of more than 2 billion cubic meters, coal-to-liquids projects with the annual output of more than 1 million tons shall be approved by the investment competent department under the State Council.
Liquefied petroleum gas (LPG) receiving and storage facilities (excluding the supporting projects of oil and gas fields and oil plants) : The projects shall be approved by provincial governments.
Imported liquefied natural gas (LNG) receiving, storage and transportation facilities: new construction (including expansion projects in other places) projects shall be approved by the industrial management department under the State Council, of which the new construction projects with the receiving, storage and transportation capacity of 3 million tons and above shall be submitted to the State Council for record. Other projects shall be approved by provincial governments.
Oil delivery pipe network (excluding gathering and delivery pipe network of oil field): Cross-border and trans-provincial (regional, municipal) main pipe network projects shall be approved by the investment competent department under the State Council, of which the cross-border projects shall be submitted to the State Council for record. Other projects shall be approved by provincial governments.
Gas delivery pipe network (excluding gathering and delivery pipe networks of oil and gas field): Cross-border and trans-provincial (regional, municipal) main pipe network projects shall be approved by the investment competent department under the State Council, of which the cross-border projects shall be submitted to the State Council for record. Other projects shall be approved by provincial governments.
Oil refining: New construction oil refining and expansion primary oil refining projects shall be approved by the investment competent department under the State Council, of which the expansion projects included in the national energy development planning and petrochemical industry layout plan approved by the State Council shall be approved by provincial governments.
Denatured fuel ethanol: The projects shall be approved by provincial governments.
III. Transportation
Newly-built (including added) railway: Trans-provincial (regional, municipal) projects and main line projects of national railway network shall be approved by the investment competent department under the State Council, other projects of national railway network shall be decided by China Railway Corp for itself and submitted to the investment competent department under the State Council for record; other local railway projects shall be approved by provincial governments in accordance with the planning approved by the state.
Highway: National high speed highway network projects shall be approved by the investment competent department under the State Council, general national highway network projects shall be approved by provincial governments; local high speed highway projects shall be approved by provincial governments in accordance with the planning, other projects shall be approved by local governments.
Independent highway (railway) bridges and tunnels: Cross-border, cross-100,000t level and above waterway sea area and cross-great river (present status is or planned to be class 1 and above waterway section) projects shall be approved by the investment competent department under the State Council, of which the cross-border projects shall be submitted to the State Council for record; other projects of national railway network shall be decided by China Railway Corp for itself and submitted to the investment competent department under the State Council for record; other projects shall be approved by local governments.
Appropriated berth for coal, ore, oil and gas: Coastal (including the Yangtze river in Nanjing and downstream) new construction projects with the annual throughput capacity of 10 million tons and above shall be approved by the investment competent department under the State Council, other projects shall be approved by provincial governments.
Container terminal: Coastal (including the Yangtze river in Nanjing and downstream) construction projects with the annual throughput capacity of 1 million standard containers and above shall be approved by the investment competent department under the State Council, other projects shall be approved by provincial governments.
Inland navigation: Thousand-ton-level and above navigation-power junction projects of trans-provincial (regional, municipal) high-class waterway shall be approved by the investment competent department under the State Council, other projects shall be approved by local governments.
Civil aviation: New construction transport airport projects shall be approved by the State Council, new construction general airport projects, expansion military and civilian combined airport projects shall be approved by provincial governments.
IV. Information industry
Telecommunication: International communication infrastructure projects shall be approved by the investment competent department under the State Council; domestic main line transmission network (including broadcast television network) and other telecommunication infrastructure projects related to information security shall be approved by the industrial management department under the State Council.
V. Raw materials
Rare earth, iron ore and nonferrous mine development: Rare earth mine development projects shall be approved by the industrial management department under the State Council; other projects shall be approved by provincial governments.
Petrochemical: New construction ethylene projects shall be approved by provincial governments in accordance with the petrochemical industry layout plan approved by the State Council.
Chemical engineering: Coal-based methanol to olefin projects with the annual output of more than 500,000t and coal to methanol projects with the annual output of more than 1 million tons shall be approved by the investment competent department under the State Council; new construction paraxylene (PX) projects and new construction diphenyl-methane-diisocyanate (MDI) projects shall be approved by provincial governments in accordance with the petrochemical industry layout plan approved by the State Council.
Rare earth: Smelting separation projects shall be approved by the industrial management department under the State Council, rare earth deep processing projects shall be approved by provincial governments.
Gold: Mining and ore dressing projects shall be approved by provincial governments.
VI. Machinery manufacture
Automobile: Implement in accordance with the Auto Industry Development Policy approved by the State Council.
VII. Light industry
Tobacco: Cigarette, secondary cellulose acetate for cigarette and tow projects shall be approved by the industrial management department under the State Council.
VIII. High and new technology
Civil aviation and spaceflight: Trunk line and regional aircraft, 6t/9-seat and above utility aircraft and 3t and above helicopter manufacture, civil satellite manufacture and civil remote sensing satellite ground station construction projects shall be approved by the investment competent department under the State Council; manufacture projects of utility aircraft less than 6t/9 seats and helicopter less than 3t shall be approved by provincial governments.
IX. Urban construction
Urban rapid rail transit projects: The projects shall be approved by provincial governments in accordance with the planning approved by the state.
Urban road bridges and tunnels: Cross-100,000t level and above waterway sea area and cross-great river (present status is or planned to be class 1 and above waterway section) projects shall be approved by the investment competent department under the State Council.
Other urban construction projects: Local governments shall determine the implementation of approval or record.
X. Social undertakings
Theme park: Oversized projects shall be approved by the State Council, large projects shall be approved by the investment competent department under the State Council, small and medium-sized projects shall be approved by provincial governments.
Tourism: Tourism development and resource protection projects within the national famous scenic area, national nature reserve and national key cultural relics protection units and with a gross investment of 50 million Yuan and above, and the projects within the world natural and cultural heritage protection areas and with a gross investment of 30 million Yuan and above shall be approved by provincial governments.
Other social undertaking projects: Except the projects that the State Council has explicitly changed to record keeping administration, the industrial management department under the State Council and local governments shall determine the implementation of approval or record in accordance with the relationship of administrative subordination.
XI. Foreign investment
The encouraged projects with a total investment (including increased capital) of US$1 billion and above and the restricted projects (excluding real estate) with a total investment (including increased capital) of US$100 million and above, which are required for Chinese side holding (including relative holding) in the Catalogue for the Guidance of Industries for Foreign Investment, shall be approved by the investment competent department under the State Council, of which the projects with a total investment (including increased capital) of US$2 billion and above shall be submitted to the State Council for record. The restricted real estate projects and other restricted projects with a total investment (including increased capital) of less than US$100 million in the Catalogue for the Guidance of Industries for Foreign Investment shall be approved by provincial governments. The encouraged projects with a total investment (including increased capital) of less than US$1 billion, which are required for Chinese side holding (including relative holding) in the Catalogue for the Guidance of Industries for Foreign Investment, shall be approved by local governments.
The projects outside the provisions of the preceding paragraph and listed articles I-X of this Catalogue shall be approved in accordance with the provisions of articles I-X of this Catalogue.
XII. Investment abroad
The projects involving sensitive countries, regions and sensitive industries shall be approved by the investment competent department under the State Council.
The projects invested by the enterprises under the management of the Central Government and the projects with an investment of US$300 million and above by local enterprises, outside the provisions of the preceding paragraph, shall be submitted to the investment competent department under the State Council for record.