1. Further promote the reform of the recording system of enterprise investment projects, and implement the approval stages of project initiation, land use, planning, construction, completion acceptance, etc. "One form application, one acceptance, one Netcom office, limited time completion, and one certification". We will deepen the implementation of the pilot reform of the commitment system for enterprise investment projects in the new area of Lingang and extend it to other regions where conditions permit. Improve the management services of environmental impact assessment and emission permits, increase the exemption and notification commitment of environmental impact assessment, expand the scope of "two certificates in one" of environmental impact assessment and emission permits, and optimize the procedures for handling and changing emission permits. (Responsible units: Municipal Development and Reform Commission, Municipal Housing and Urban and Rural Construction Management Commission, Municipal Planning and Resources Bureau, Municipal Ecological Environment Bureau, Lingang New Area Administrative Committee, district governments)

2. Further expand the areas of private investment, encourage and attract more social capital to participate in a number of major projects such as municipal railways and new infrastructure, and encourage private investment to focus on urban infrastructure and participate in key projects through comprehensive development models. We will reform the "land use inventory system" for social investment projects, and support expanding the scale of corporate bond reporting and issuance. We will strengthen the linkage between the banking and government and the connection between banks and enterprises, encourage financial institutions to coordinate key projects, increase support for infrastructure construction and major projects, and provide preferential and convenient financing support. Urban joint efforts to increase the support for "specialized and special new" enterprises. (Responsible units: Municipal Development and Reform Commission, Municipal Housing and Urban and Rural Construction Management Commission, Municipal Planning and Resources Bureau, Municipal Transportation Commission, Municipal Local Financial Supervision Bureau, Shanghai Headquarters of the People's Bank of China, Shanghai Banking and Insurance Regulatory Bureau, District governments)

On November 30, 2016, The State Council promulgated the "Regulations on the Administration of Approval and Filing of Enterprise Investment Projects", which is the first administrative regulation in the field of fixed asset investment in China. On March 22, 2017, the National Development and Reform Commission issued the "Measures for the Administration of Enterprise Investment Project Approval and Filing", which further detailed the scope, authority, process, requirements, time limit, post-event management, legal liability and other aspects of enterprise investment project approval and filing.

1. Further clarify the scope and authority of investment project approval and filing

The Regulations make it clear that the state only implements approval management for projects related to national security, involving the distribution of major national productive forces, strategic resource development and major public interests, and other projects implement record management. The specific scope of projects subject to approval management, as well as the approval authorities and the authority for approval, shall be determined by the Catalogue of Investment Projects approved by the Government promulgated by The State Council.

Scope of investment projects: The enterprise investment projects applicable to the Administrative Measures refer to the fixed assets investment projects invested and constructed by enterprises within the territory of China, including the projects that enterprises use self-raised funds, and the projects that use self-raised funds and apply for the use of government investment subsidies or loan discount interest, but excluding foreign direct investment projects and overseas direct investment projects;

Approval authority: The specific project scope, approval authority and approval authority for the implementation of approval management are determined by the Approved Project Catalogue, in which the investment authority of The State Council refers to the National Development and Reform Commission, the approved project Catalogue stipulates that the project is approved by the provincial government and local government, and the specific project approval authority is determined by the provincial government;

Territorial recordkeeping: Projects that implement recordkeeping management are recorded in accordance with the territorial principle, and at the same time, the provincial governments shall formulate measures for the recordkeeping management of projects within their own administrative areas, and clarify the recordkeeping authorities and their authority;

Without the approval of The State Council, no department or region shall adjust the scope and authority of approval determined in the Catalogue of Approved Projects without authorization.

2. Further clarify the method, process and specific requirements of investment project filing

The "Management Regulations" for the first time clarified the method and process of project filing, and on this basis, the "Management Measures" further clarified the process and requirements of project filing, including:

Record time node: before the project starts construction;

Filing method: through the national investment project online approval and supervision platform;

Record content: the basic information of the project unit, project name, construction site, construction scale, construction content, total project investment and project conform to the industrial policy statement, the basic information format text of the project record shall be formulated by the project record authority;

Record completion mark: the project record authority receives all the information provided for in Article 40 of the Administrative Measures for record;

The way for enterprises to obtain the record certificate: print it by themselves through the online platform or require the record authority to issue it;

It belongs to the situation in which the archived project information needs to be informed of major changes: the project legal person has changed, the project construction site, scale and content have undergone major changes, or the enterprise has abandoned the project construction.

The filing method established by the "Management Regulations" and the "Management Measures" returns to the original attribute of "filing" which does not belong to administrative licensing, and truly reflects the purpose of streamlining administration and delegating power, reducing the burden on enterprises, and facilitating enterprise investment activities. At the same time, government departments can timely grasp the real situation and dynamics of enterprise investment projects through the online platform, and timely correct projects that are prohibited from investment and construction by industrial policies and should be approved and managed according to law, or projects that are fixed asset investment projects, should be approved and managed according to law, or do not belong to the authority of the filing authority. To achieve effective supervision and management of enterprises and projects and information sharing among departments.

3. Relying on the online platform, further emphasize the supervision and management of the project during and after the event

The "Management Regulations" effectively implement the investment autonomy of enterprises. At the same time, in order to prevent the "wayward" behavior of enterprises in fixed asset investment projects, the principle of "who approves who supervises, who is in charge of who supervises" has been established, and online monitoring and on-site verification have been adopted to strengthen the supervision of approval organs, filing organs and other relevant departments during and after the event. The Regulations also propose that the state will establish a national online approval and supervision platform for investment projects to handle project approval and filing. Except for projects involving state secrets, project approval and filing are all accepted, handled, supervised and served online through the online platform, so that the approval and filing process and results can be queried and supervised.

The "Management Measures" further detailed the post-incident supervision mechanism, and clarified the use of the online platform, basic functions and operational processes. According to the provisions of the "Administrative Measures", the project unit shall truthfully submit the basic information of the project construction, construction progress and completion through the online platform. Before the project starts, the project unit shall log in to the online platform to report the basic information of the project start. After the project starts, the project unit shall report the basic information of the dynamic progress of the project construction on an annual basis. After the completion and acceptance of the project, the project unit shall submit the basic information on the completion of the project. If the project unit has one of the behaviors listed in Article 51 of the "Management Measures", the relevant information will also be included in the project's abnormal credit record and included in the national credit information sharing platform.

It can be seen that while the "Management Regulations" and "Management Measures" are based on better services for enterprise investment activities, they do not relax the supervision and inspection of project implementation. Various regulatory departments can rely on the online platform to strengthen the supervision of the project during and after the event, and realize the mutual sharing of enterprise and project information among various departments through the online platform.

4. The legal responsibilities of project approval and filing authorities, enterprises and other subjects are detailed

The "Management Measures" continues the provisions of the "Management Regulations, and defines the legal responsibilities of each subject related to project approval and filing, including:

Various situations in which the project approval authority, the filing authority and its staff need to bear legal responsibility, Including beyond the statutory authority to approve or record, do not meet the statutory conditions of the project approval, do not meet the statutory conditions of the project approval, approval, approval in the name of the record, do not make approval decisions within the statutory period, do not perform regulatory duties or poor supervision caused serious consequences, dereliction of duty, abuse of power, favoritism and fraud Asking for and accepting bribes; The legal responsibilities they bear include ordering them to make corrections, and the responsible leading personnel and directly responsible personnel shall be punished by the relevant units and departments in accordance with discipline and law; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

If the project approval and filing authorities, as well as the land (Marine) resources, urban and rural planning, water administration, environmental protection, energy conservation review, safety supervision, construction and other departments violate the relevant laws and regulations and fail to perform their supervisory duties according to law, the directly responsible persons in charge and other persons directly responsible shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

Where the relevant department of the local government where the project is located fails to perform its duties of supervision over the investment of the enterprise, the person directly in charge and other persons directly responsible shall be given sanctions according to law;

Any violation of laws and regulations of the enterprise, including the application for approval and filing by improper means such as splitting projects, concealing relevant information or providing false declaration materials; Failing to go through the project approval procedures to start construction or failing to carry out construction in accordance with the approved construction site, construction scale, construction content, etc.; Obtaining project approval documents by cheating, bribery and other improper means; Failing to register in accordance with regulations or providing false information to the filing authority, or investing in construction projects prohibited by industrial policies; In the process of project construction, it does not comply with the requirements of laws and regulations on land (Marine) resources, urban and rural planning, environmental protection, energy conservation, safety supervision, construction and other relevant examination and approval documents; The legal liability to be borne includes administrative punishment such as order to stop construction, order to stop production, fine, etc. If the case constitutes a crime, criminal responsibility shall be investigated according to law;

If an engineering consulting and evaluation institution undertaking the task of preparing and evaluating project application reports and its personnel, or the experts participating in the expert evaluation, in the process of preparing project application reports, being entrusted by the project approval authority to carry out the evaluation or participating in the expert evaluation, violate the professional regulations and cause heavy losses and adverse effects, the qualification of the engineering consulting unit shall be reduced or revoked according to law. Cancel the relevant professional qualifications of the main responsible personnel.

Under the severe impact of the epidemic, guiding and stimulating social investment is not only an important measure to restore the vitality of the urban economy, but also an opportunity for enterprises to develop. As an important measure to deepen the reform of China's investment system, the "Management Regulations" and "Management Measures" have comprehensively standardized China's enterprise investment project approval and filing system, and made unified and standardized institutional arrangements for the basic procedures and related issues of project approval and filing. Of course, since any violation will be recorded to the national credit information sharing platform through the online platform, it will have an adverse impact on the enterprise credit record and the construction and operation of the project. Therefore, while seizing the current round of investment opportunities in Shanghai, enterprises should also pay attention to strictly abide by the relevant provisions of the "Management Regulations" and "Management Measures" to ensure the legal compliance of investment projects. Hillhouse Law Firm will give full play to its professional advantages and effectively help enterprises prevent relevant legal risks; In light of the current epidemic prevention and control needs and the actual situation of enterprises, we will provide more forms of legal services for enterprises to help them resume work and production.