Shanghai Municipality, Several Opinions on Further Delegating the Authority to Check and Approve Foreign-invested Projects to Lower-level Authorities

上海市关于进一步下放外商投资项目核准权限的若干意见

June 01, 2011 | BY

clpstaff &clp articles &

Biggest delegation of foreign investment approval in Shanghai.

Clp Reference: 2300/11.04.26 Promulgated: 2011-04-26

Issued: April 26 2011

Main contents: The Opinions state that upon the delegation of the Shanghai Municipal Development and Reform Commission (Commission)'s authority to organisations and district (county) development and reform departments determined by the municipal government to check and approve foreign-invested projects with a total investment under US$300 million (including capital increase) under the encouraged and permitted categories of the Foreign Investment Industrial Guidance Catalogue (the Catalogue), and projects with a total investment under US$50 million under the restricted category of the Catalogue:

(1) Organisations determined by the municipal government including the Shanghai Comprehensive Bonded Zone Management Committee, Zhangjiang High-tech Park Management Committee, Shanghai Chemical Industry Park Management Committee, Lingang Industrial Park Management Committee, Office of the Changxingdao Development and Construction Management Committee, Hongqiao Business District Management Committee, and Export Processing Zone Management Committee established in Shanghai as approved by the State Council shall, as appointed, be responsible for checking and approving projects that fall under the encouraged and permitted categories of the Catalogue with a total investment under US$300 million within their jurisdictions (Article 1(1)).

(2) Pudong New Area shall be responsible for checking and approving projects that fall under the encouraged and permitted categories of the Catalogue within its jurisdiction (Article 1(2)).

(3) The central urban district shall be responsible for checking and approving service industry projects that fall under the encouraged and permitted categories of the Catalogue with a total investment under US$300 million, and other projects under the encouraged and permitted categories with a total investment under US$100 million within its jurisdiction (Article 1(2)).

(4) The rural (county) authorities shall be responsible for checking and approving the industrial projects under the encouraged and permitted categories of the Catalogue with a total investment under US$300 million, and other projects under the encouraged and permitted categories with a total investment under US$100 million within its jurisdiction (Article 1 (2)).

(5) Projects within the sectors of agriculture, forestry, water conservancy, energy, transport, urban development and social undertakings specified in Article 1(1) and (2) that shall be subject to the check and approval by the Commission shall continue to be checked and approved by the Commission. Real property development projects for residential use with a total investment of US$100 million or above shall also be checked and approved by the Commission (Article 1 (3)).

(6) Projects that are required to be checked and approved by the relevant State Council departments in accordance with the Catalogue of Investment Projects Subject to Government Check and Approval and other projects that are specifically provided for shall be governed in accordance with the relevant provisions (Item 4).

Related legislation: Several Opinions on Further Improving the Work on the Use of Foreign Investment, Apr 6 2010, CLP 2010 No.4 p.43; Circular on Properly Handling the Delegation of Approval Authority over Foreign-invested Projects to Lower-level Authorities, May 4 2010, CLP 2010 No.5 p.34; and Shanghai Municipality, Tentative Administrative Measures for the Check and Approval of Foreign-invested Projects, 2008

clp reference:2300/11.04.26/SHpromulgated:2011-04-26

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