Shandong Province has issued new regulations for the approval and filing of enterprise investment projects, implementing the autonomy of enterprise investment

On October 4, the reporter learned from the official website of the provincial government that in order to standardize the government's approval and filing of enterprise investment projects, optimize the business environment, and protect the legitimate rights and interests of enterprises in accordance with the law, the "Shandong Province Enterprise Investment Project Approval and Filing Measures" (hereinafter referred to as the "Measures") was newly promulgated, which made detailed provisions on the scope, basic procedures, supervision and inspection, and legal responsibilities of enterprise investment project approval and filing.

In recent years, the scope of approval of investment projects in Shandong has been greatly reduced, and the focus of investment management has gradually shifted from pre-approval to process services and in-process and post-event supervision. However, there are still some problems in the management of enterprise investment projects, such as large scope of approval, many pre-conditions, unclear approval conditions and standards, long review cycle, and irregular intermediary services.

The Measures implement the investment autonomy of enterprises and adhere to the principle of minimizing the scope of projects approved by the government. According to the regulations, projects related to national security, involving the layout of major national productivity, strategic resource development and major public interests shall be subject to approval management. The specific project scope and approval authority shall be determined in accordance with the catalogue of investment projects approved by the government issued by the provincial people's government.

At the same time, it is clear that record management shall be implemented for enterprise investment projects and real estate development projects other than the catalogue of investment projects approved by the government. Unless otherwise stipulated by the state and the province, the project for the record shall be subject to territorial management according to the construction site. Among them, the provincial people's government filing agency is responsible for projects across districts, and the municipal people's government filing agency is responsible for projects across counties (cities, districts).

In order to reduce the time limit for examination and approval and improve the efficiency of examination and approval, the measures require that if the approval authority entrusts an intermediary service agency to evaluate an enterprise investment project, it shall clarify the evaluation focus and evaluation time limit according to the specific conditions of the project; except for those with complex project conditions, the evaluation time limit shall generally not exceed 30 working days.

It also requires the approval authority to make a decision on whether to approve the project within the time limit prescribed by laws and regulations after accepting the project application report. If the project is approved, the approval document shall be issued; if the project is not approved, the enterprise shall be notified in writing and the reasons shall be explained.

It is worth mentioning that, in addition to projects involving state secrets, enterprise investment project approval and filing projects are accepted, handled, supervised and served through the investment project online approval and supervision platform, so that the approval and filing process and results can be queried and supervised.

At the same time, the measures reflect the mandatory filing, requiring enterprises to fulfill the obligations of investment project approval and filing information submission in accordance with the law, and timely submit basic information such as project start time, construction progress and completion through the online examination and approval supervision platform, and be responsible for the authenticity, legality and integrity of relevant materials.

In order to prevent enterprises from making "willful" things in investment projects, the measures require enterprises to invest in projects that have not started construction within 2 years from the date when the approval authority issues the approval document or agrees to the change decision. If an extension is needed, the enterprise shall go through the extension procedures in accordance with the relevant provisions of the state and the province. The commencement of construction can only be postponed once, and the extension period shall not exceed 1 year. (Reporter Dai Lingling)

Information source: Dazhong Net

Editor He Yang of this website/Organizing