● Enterprises independently decide on sources of project funding and product technology solutions, etc.

     ● The project filing authority shall, within 5... Register it within one working day.

     Recently, the National Development and Reform Commission publicly solicited comments from the public on its draft “Regulations on the Administration of Investment Projects Subject to Government Approval and Filing” (Draft for Comments).

     According to the draft regulations, except for projects that are related to national security and ecological security, involve major nationwide productive force layouts, strategic resource development, or significant public interests—which shall be approved in accordance with regulations—enterprise investment projects shall be subject to a filing system.

     The draft regulations for public comments stipulate that, with respect to enterprise investment projects, the market prospects, economic benefits, funding sources, and product technology plans shall be independently decided by enterprises in accordance with the law, with enterprises bearing their own risks. Enterprises shall also, in compliance with the law, handle relevant procedures such as urban and rural planning, land use, environmental protection, resource utilization, and work safety. The authorities responsible for project approval and filing, as well as other administrative agencies, shall not illegally interfere with enterprises’ autonomy in investment decisions.

     For enterprise investment projects subject to filing-based management, the project entity shall submit a project filing application through an online platform. Except for projects that are prohibited from development under industrial policies or those that, according to law, must be submitted for approval or ratification, the project filing authority shall, within 5... Register it within one working day.

     Foreign investment projects, depending on their specific circumstances, shall be subject to either an approval system or a post-facto filing system. With the exception of foreign investment projects involving sensitive countries and regions or sensitive industries, which are subject to approval as required by regulations, all other foreign investment projects shall be governed by a post-facto filing system.

     If a project entity violates this Regulation and other relevant laws and regulations and engages in any of the following behaviors, the relevant information will be included in the project’s record of abnormal credit standing: providing false information for project approval or filing; commencing construction without authorization in violation of applicable laws and regulations; failing to organize and implement the project according to the approved content; investing in and operating the project without passing the completion acceptance inspection; or engaging in other illegal or non-compliant activities.

     Abnormal credit records are categorized into general abnormal credit records and major abnormal credit records. Project-specific abnormal credit records, as an important component of the project entity’s credit profile, shall be incorporated into the nation’s unified credit information sharing and exchange platform. If a project entity accumulates multiple general abnormal credit records or one major abnormal credit record and fails to make rectifications as required, the entity shall be added to a “blacklist” and publicly announced to society.