Measures for approval and record-filing of foreign investment projects in Guangxi

Article 20 For the projects to be approved, the approval authority shall issue a written approval document and copy it to relevant departments of industry management, urban and rural planning, land and resources, environmental protection, and energy conservation review. For projects that are not approved, it shall describe the reasons and inform to the project reporting unit of the right to apply for administrative reconsideration or file an administrative lawsuit according to law. 

Article 21 The project approval document shall be valid for 2 years from the date of issuance. If the project is not implemented within the validity period of the approval document, the unit shall apply to the original approval authority for extension within 30 days before the expiration date of the approval document. If the project is not implemented within the validity period of the approval document and has not applied for an extension, or the application for extension is not approved, the original approval document will automatically become invalid. 

Chapter IV Record-filing 

Article 22 When the project reporting unit applies to the corresponding project filing authority for record-filing, it shall submit the following documents and materials in three copies:

(1) Application report for record-filing;

(2) Project registration form;

(3) Certificates of enterprise registration of Chinese and foreign enterprises and the latest audited financial statements of the enterprise (including balance sheet, income statement and cash flow statement), and capital credit certificate issued by the bank where the account is opened;

(4) Investment letter of intent, resolution of the board of directors of the company for capital increase and mergers and acquisitions;

(5) Other documents in accordance with the provisions of laws and regulations.

Article 23 The application report for record-filing shall include the following contents:

(1) The situation of the project investor;

(2) The proposed construction situation, including the construction site, scale and main construction items;

(3) The total investment and source of funds of the project, and the ratio of shares of the investors.

Article 24 After receiving the record-filing materials submitted by the project reporting unit, the filing authority shall, if the materials are complete and meet the requirements, issue a record receipt to the project reporting unit; if the materials are incomplete or do not meet the requirements, the project reporting unit shall be notified at one time in 3 working days to clarify and supplement relevant materials, and application shall be accepted at the day of receiving eligible application materials. 

Article 25 The record-filing authority shall review the project according to the following conditions:

(1) Whether it complies with the provisions of the national laws and regulations, the Catalogue for the Guidance of Foreign Investment Industries, and the Catalogue of Advantageous Industries for Foreign Investment in the Central and Western Regions;

(2) Whether it conforms to the national economic and social development plan and industry plan;

(3) Whether it meets the national industrial policy and industry access standards;

(4) Whether it is a record-filing project.

Article 26 For projects with complete materials that meet the conditions for record-filing, the record-filing authority shall provide a written reply within 5 working days; for projects that do not meet the conditions for filing, the record-filing authority shall inform and issue a written opinion within 5 working days to the project reporting unit, and explain the reasons for not filing.

Article 27 The application shall be filed in a written manner, and the online application method shall be gradually implemented; the project reporting unit shall independently choose whether to conduct the record-filing on-site, by telephone or via on-line inquiries. The record-filing authority shall set up an inquiry telephone number and record-filing website and announce it to the public. 

Article 28 If the project reporting unit has any objections to the filing decision, it may decide to file an administrative reconsideration or an administrative lawsuit according to law. 

Article 29 The record-filing document shall be valid for 2 years from the date of issuance. If the project is not implemented within the validity period, the unit shall apply to the original filing agency for an extension at 30 days before the expiration date of the filing document. If the project is not implemented within the validity period and has not applied for an extension, or the application for extension is not approved, the original filing document will automatically be invalid.　

Chapter V Project Changes 

Article 30 If a project approved or filed is in any of the following circumstances, it shall apply to the original approval authority for a change:

(1) The location of the project has changed;

(2) The investor or equity has changed;

(3) The main construction contents and scale of the project has changed;

(4) Other circumstances in which relevant laws, regulations and industrial policies require for changes. 

Article 31 The procedures for the approval and filing of changes shall be implemented in accordance with the relevant provisions of the foregoing Measures. 

Article 32 If an approved project is subject to the scope of record-filing management after being changed, it shall be handled in accordance with the filing procedure; if the project to be filed is subject to the approved management scope after being changed, it shall be handled in accordance with the approval procedure.