外商投资项目核准暂行管理办法 Verification and Approval of Foreign-invested Projects Tentative Administrative Proce

elopment and Reform Commission shall stipulate the term of validity of the document. Within the term of validity， the verification and approval document shall be the basis for carrying out the procedures listed in Article 13 hereof by the project applicant. After the expiration of the term of validity， the project applicant shall， when carrying out the aforementioned procedures， at the same time present the document issued by the National Development and Reform Commission that grants an extension.

　　Article 15　The land， urban planning， quality supervision， regulation of safe production， industry and commerce， customs， tax， foreign exchange control departments， etc. shall not handle the relevant procedures for foreign-invested projects that have not been verified and approved.

　　Article 16　If a project applicant has obtained a project verification and approval document through improper means such as splitting up a project into smaller parts or submitting false materials， the National Development and Reform Commission may revoke the verification and approval document for the project.

　　Article 17　The National Development and Reform Commission may supervise and inspect the implementation of projects by project applicants and the verification and approval of foreign-invested projects by local development and reform departments， and shall handle verified issues in accordance with the law.

　　PART SIX　AMENDMENT AND THE VERIFICATION AND APPROVAL THEREOF

　　Article 18　In any of the following circumstances， an application for amendment shall be made to the National Development and Reform Commission for projects approved by the National Development and Reform Commission：

　　1. there is a change in the place of establishment；

　　2. there is a change in an investor or equity；

　　3. there is a change in the main establishment particulars or main products；

　　4. the total investment exceeds the investment amount originally verified and approved by 20% or more； or

　　5. other circumstances in which amendment is required by the relevant laws and regulations or industrial p

olicies.

　　Article 19　The procedure for verification and approval of amendment shall， mutatis mutandis， be handled according to the provisions of Part Four hereof.

　　PART SEVEN　SUPPLEMENTARY PROVISIONS

　　Article 20　In order to grasp information on verified and approved projects in a timely manner， provincial-level development and reform departments shall submit duplicates of the project verification and approval document for foreign-invested projects with a total investment of US$ 30 million or above that are verified and approved locally to the National Development and Reform Commission within 20 working days of the date of verification and approval of the project.

　　Article 21　All provincial-level development and reform departments shall formulate corresponding administrative procedures in accordance with the provisions of the Guiding the Direction of Foreign Investment Provisions （Order No. 346 of the State Council） and these Procedures.

　　Article 22　Investment projects established in the mainland by investors from the Hong Kong Special Administrative Region， the Macao Special Administrative Region and the Taiwan region shall， mutatis mutandis， be handled according to these Procedures.

　　Article 23　The National Development and Reform Commission shall be responsible for interpreting these Procedures.

　　Article 24　These Procedures shall be effective as of 9 October 2004. In the event of a conflict between previous regulations on examination and approval of foreign-invested projects and these Procedures， these Procedures shall prevail.

　　（For Editor's note， please refer to the Editor's note of vol 2 - business vehicles， ref 2300/2004.10.09（1））

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