Recently, the National Development and Reform Commission ("NDRC") revised and formed the Administrative Measures for the Approval and Record-filing of Enterprise Invested Projects (Draft for Comment) (the "Draft for Comment") for public comments before January 13, 2017.
The Draft for Comment, comprised of eight chapters with 66 articles, shall apply to the fixed-asset investment projects invested and constructed by various enterprises within the territory of China. According to the Draft for Comment, enterprise invested projects are subject to an approval system or record-filing system respectively depending on different situations of the projects. Enterprise invested projects related to national security, involving the national layout of major productivities, development of strategic resources, and significant public interest shall be subject to the approval system, while other projects shall be subject to the record-filing system. The Draft for Comment specifies that for enterprise investment projects' market prospects, economic benefits, sources of funds, and product technical solutions, enterprises shall make their own decisions and undertake risks independently. Project approval and record-filing authorities and other administrative organs shall not illegally interfere with the autonomy of enterprises in investment.