State Council, List of Investment Projects Subject to Government Check and Approval (2013)

Promulgated: December 2 2013

Effective: as of date of promulgation

Main contents: Enterprises investing in fixed-asset investment projects on this List, including agriculture, water conservancy, energy, transport, information industry, raw material, machinery manufacturing, light industry, high and new technology, urban infrastructure, social, finance, foreign investment and overseas investment projects, shall be submitted to the relevant project check and approval authority for check and approval in accordance with provisions. Enterprises investing in projects that fall outside this List shall be subject to administration by record filing (Article 1).

According to Article 12, projects that fall under the encouraged category as specified in the Foreign Investment Industrial Guidance Catalogue (the Catalogue) involving a total investment amount (including capital increase) of US$300 million or more with a requirement of the controlling interest (including relative controlling interest) being held by a Chinese party, and projects (excluding real property projects) that fall under the restricted category involving a total investment amount (including capital increase) of US$50 million or more shall be subject to check and approval by the State Council department in charge of investment. Real property projects that fall under the restricted category as specified in the Catalogue and other projects that fall under the restricted category with a total investment amount (including capital increase) of less than US$50 million shall be subject to check and approval by the provincial-level government. Projects that fall under the encouraged category as specified in the Catalogue involving a total investment amount (including capital increase) of less than US$300 million with a requirement of the controlling interest (including relative controlling interest) being held by a Chinese party shall be subject to check and approval by the local government.

Projects listed in Articles 1 to 11 of this List that are not covered in the preceding paragraph shall be subject to check and approval in accordance with Articles 1 to 11 of this List. Matters concerning the establishment of, and changes in, foreign-invested enterprises shall be subject to check and approval by the Ministry of Commerce and local governments according to the relevant existing provisions.

Repealed legislation: State Council, List of Investment Projects Subject to Government Check and Approval (2004)