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

Chapter VI Supervision and management　

Article 33 For projects that are not approved or filed in accordance with the prescribed procedures, relevant departments shall not handle relevant formalities, and financial institutions shall not provide credit support.

Article 34 The approval and record-filing organs at all levels shall perform the duties of approval and record-filing, improve supervision, management and service, and complete the approval and filing in accordance with relevant regulations. 

Article 35 The investment departments of the people's governments at various levels shall, together with the departments of industry management, urban and rural planning, land and resources, environmental protection, financial supervision, and safety production supervision at the same level, investigate and supervise the approval and record-filing of foreign-invested projects, speed up the improvement of the information system, seriously investigate and punish violations and conduct bad credit records, and achieve information sharing on administrative approval and market supervision.

Article 36 The autonomous region's Development and Reform Commission shall actively use the electronic information system of foreign investment project management established by the National Development and Reform Commission, realizing inquiry and supervision level of foreign investment projects.

Article 37 The development and reform departments of the districts and cities shall summarize the approval and filing projects on the 5th day of each month, including the project name, approval and filing number, the location of the project, the Chinese and foreign investors, the construction content, and the source of funds, and submit it to the Autonomous Region Development and Reform Commission, who will then submit the approval and filing projects of the whole district to the National Development and Reform Commission on the 8th day of each month. The industrial and information departments at all levels shall, when issuing approval and filing documents, send copies to the development and reform departments at the same level and other relevant departments. 

Chapter VII Legal liability 

Article 38 If the approval and filing authority and its staff violate the relevant provisions of these Measures, the administrative department at the higher level or the supervisory department shall order it to make corrections; if the circumstances are serious, the directly responsible head and other directly responsible personnel shall be brought to administrative disciplinary action according to law.

Article 39 If the staff of the approval and filing authorities abuse their powers for personal gain during the approval and filing process, they shall be given administrative sanctions according to law; if they are suspected of committing any crime, they shall be transferred to the judicial organs for handling. 

Article 40 Consultation and evaluation agencies and their personnel, and experts participating in appraisal shall, in the process of carrying out evaluation that fails to abide by the provisions of national laws and regulations and these Measures, be investigated for their corresponding responsibilities according to law. 

Article 41 If the project reporting unit applies for approval or filing with unfair means such as by splitting projects or providing false materials, the approval and filing authority shall not accept or refuse the approval or record-filing. If the project approval or filing documents have been obtained, the approval and filing authority shall cancel the documents according to law. If construction has already started, the construction shall be ordered to stop. The corresponding approval and filing authorities and relevant departments shall incorporate them into the bad credit record and pursue the legal responsibilities of the responsible person according to law. 

Chapter VIII Supplementary Provisions

Article 42 Each district/city development and reform commission may, in accordance with relevant laws and regulations and the Measures for the Administration of the Approval and Record-filing of Foreign Investment Projects, formulate specific implementation measures for the approval of foreign investment projects and corresponding Service Guide. 

Article 43 The investment projects held by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region at the mainland shall be implemented in accordance with these Measures. 

Projects invested by foreign investors in Renminbi shall be implemented in accordance with these Measures. 

Article 44 Foreign investment projects that are managed according to special provisions of laws and regulations shall be implemented in accordance with the Measures. 

Article 45 These Measures shall be interpreted by the Development and Reform Commission of the autonomous region.

Article 46 These Measures shall come into force on January 1, 2015. The Provisional Administrative Measures for the Approval of Foreign Investment Projects of Guangxi Zhuang Autonomous Region issued by the People’s Government of the Autonomous Region on July 20, 2005 shall be abolished at the same time.

(This English version is only for reference. To learn more, please refer to the authoritative Chinese version.)