Decree of the People’s Government of Jiangxi Province
Measures of Jiangxi Province for Record-keeping of Enterprise Investment Projects examined and approved at the 43rd Executive Meeting of the People’s Government of Jiangxi Province on April 12, 2006 are hereby promulgated and shall be effective as of the date of promulgation.
Governor: Huang Zhiquan
April 14, 2006
Measures of Jiangxi Province for Record-keeping of Enterprise Investment Projects
Article 1 These Measures are formulated in accordance with the Decision of the State Council on the Reform of the Investment System and the Circular of the National Development and Reform Commission about the Guidelines for Implementing the Record-keeping System of Enterprise Investment Projects with actual situations of the province taken into account for the purpose of standardizing the record management of the enterprise investment projects and facilitating the exercise of autonomous decision-making right of enterprises in investment.
Article 2 These Measures apply to reporting for the record of the enterprise investment projects within the administrative areas of the province.
The term “enterprise investment projects” in these Measures refers only to the projects (which are free of government funds) listed in 《Catalogue of Investment Projects Approved by the Government》 and 《Catalogue of Investment Projects Approved by the Government of Jiangxi Province》；it also refers to all other projects with the exception of those in violation of state laws and regulations or prohibited by the State Council.
Article 3 The administrative competent departments of development and reform (planning) and the administrative competent departments of economy and trade of the people’s governments at or above the county level are the record-keeping organs for enterprise investment projects. The competent departments of development and reform (planning) of the people’s governments are responsible for the record-keeping of capital construction of the enterprise investment projects; the competent departments of economy and trade are responsible for the record-keeping of technical renovation for the enterprise investment projects.
The departments responsible for environmental protection, national land resource management, urban planning, supervision and management of safe production shall assist with the record-keeping of the enterprise investment projects within their respective realms of functions and duties.
The record-keeping organs and the relevant departments shall establish an information-sharing mechanism strengthening connection and communication between them for the sake of facilitating the enterprise investment.
Article 4 The enterprise investment projects which need to report for the record shall apply to the corresponding record-keeping organs for being reported for the record according to the project category and prescribed extent of power in record-keeping.
Article 5 The investment projects of the Jiangxi-based state-run enterprises and the provincial enterprises are reported for the record to the record-keeping organ of the provincial people’s government. Other enterprise investment projects are reported for the record to the record-keeping organs of people’s governments of the prefecture, municipality or county (district) where the projects exist according to the domicile principle. However, if otherwise specifically provided by laws, regulations or rules, they shall prevail.
The division of the power extent of the record-keeping organs of the municipality with subordinate administrative areas and county (municipality, region) people’s governments is defined by the people’s government of the municipality with subordinate administrative areas.
Article 6 Any project unit which reports for the record shall submit an application form of enterprise investment project to the record-keeping organ.
The application form of enterprise investment project includes the following contents:
(1) the basic conditions of the project application unit;
(2) the name of the project;
(3) construction nature;
(4) construction site;
(5) construction scale and the main construction contents; and
(6) total investment and its source.
The project application unit shall be responsible for the genuineness of the contents in the application form of enterprise investment project.
Article 7 The record-keeping organs shall make public the laws, regulations, rules and policies concerning the record-keeping of enterprise investment projects and the application form format for the record-keeping of enterprise investment projects to make them accessible to the enterprises on request.
Article 8 The record-keeping organs shall examine the following contents of the enterprise investment projects:
(1) whether the projects are within the scope of the record;
(2) whether the projects are within the scope of their jurisdiction;
(3) whether the projects conform to the national industry policy; and
(4) whether the projects conform to the stipulations of laws, regulations and rules.
Article 9 Where the application form of the enterprise investment project does not meet the requirements, the record-keeping organ shall ask the project application unit to make corrections and amendments on the spot or once and for all within three working days.
Where the application form of the enterprise investment project meets the requirements, the record-keeping organ shall accept the application on the spot.
Article 10 The record-keeping organ shall decide whether to accept the record application or not within five days from the date of acceptance of the application for reporting for the record of the enterprise investment project and make it known to the society. If the application conforms to the stipulations for record-keeping, the record-keeping organ shall accept the application, notifying the applicant of its decision to put on record the enterprise investment project; if the application does not conform to the stipulations for record-keeping, the record-keeping organ shall not accept the application, notifying the applicant of its decision to not accept to put on record the enterprise investment project together with the reasons for it.
The record-keeping organ shall send a copy of the notice of accepting or not accepting the record application of the enterprise investment project to the relevant administrative competent departments.
Article 11 The departments responsible for environmental protection, national land resource management, urban planning, supervision and management of safe production shall examine projects filed on record by the record-keeping organs and handle the relevant procedures according to laws and their respective functions and duties. As for the projects which should have been reported for the record but have not been done so or the projects whose applications were not accepted by the record-keeping organs, those departments shall not handle the relevant procedures.
Article 12 The record-keeping organs at the different levels shall sort out, classify and analyze the recorded materials of the enterprise investment projects, keep a close watch on the social investment and submit the relevant data to the higher record-keeping organs on time.
Article 13 Where projects for the record have any one of the following circumstances, the archival procedures shall be handled again.
(1) the change of the legal person of the project;
(2) the change of the construction site; and
(3) the change of the construction scheme can produce great negative influence on the environment, safe production, etc.
Article 14 The notice of record-keeping of the enterprise investment project is valid for two years, starting from the date of service.
Where the construction of the enterprise investment project has not started and the project application unit which needs to undertake the construction shall apply to the original record-keeping organ for extension of construction within 30 days prior to the expiry of the validity period of the notice. The original record-keeping organ shall make a decision whether or not to approve the extension prior to the expiry of the notice .
Article 15 The record-keeping organs shall strengthen the supervision and management of the projects for the record. Where any project application unit obtains the record-keeping document of the enterprise investment project by inappropriate means such as dismembering the project, providing the false materials, etc., the record-keeping organ shall dissolve the record-keeping of the project. Where any project application unit starts construction without authorization or constructs the project which is not in accordance with the record-keeping contents, the record-keeping organ shall order the unit to stop the construction and investigate the relevant unit and its responsible person for their legal liability.
Article 16 Where a staff member of any organ neglects his duties, abuses his power or resorts to cheating for his self purposes, he shall be given an administrative sanction; if a crime is committed, he shall be investigated for criminal liability.
Article 17 The record-keeping of the investment projects of the non-enterprise units such as public institutions and social organizations, etc. shall be handled in accordance with these measures.
Article 18 Measures shall be effective as of the date of promulgation.