The Interim Provisions on Promoting Industrial Restructuring (hereinafter referred to as the Interim Provisions) have been deliberated and adopted by the State Council at its 112th Standing Committee Meeting held on November 9, 2005, and are hereby promulgated.
The formulation and implementation of the Interim Provisions is an important measure to implement the spirit of the Fifth Plenary Session of the 16th CPC Central Committee and realize the objectives of the 11th Five-Year Plan. It is important for the comprehensive implementation of the scientific outlook on development, the strengthening and improvement of macroeconomic regulation and control, the further transformation of the mode of economic growth, the advancement of industrial structural adjustment and optimization and upgrading, and the maintenance of the stable and rapid development of the national economy. The steady and rapid development of the national economy is of great significance. People's governments of provinces, autonomous regions and municipalities directly under the central government should take the promotion of industrial restructuring as an important task of reform and development in the current and future period, establish a responsibility system, pay close attention to the implementation of the Interim Provisions, combine the actual development of industries in the region, formulate specific measures, reasonably guide the direction of investment, encourage and support the development of advanced production capacity, restrict and eliminate backward production capacity, prevent blind investment and low-level duplicated construction, and effectively promote industrial restructuring and optimization. prevent blind investment and low-level repeated construction, and effectively promote the optimization and upgrading of industrial structure. All relevant departments shall speed up the formulation and revision of relevant policies on finance and taxation, credit, land, import and export, etc., and effectively strengthen the coordination and cooperation with industrial policies, so as to further improve the policy system for promoting industrial restructuring. The people's governments of provinces, autonomous regions and municipalities directly under the central government and the relevant departments of national development and reform, finance, taxation, land and resources, environmental protection, industry and commerce, quality inspection, banking supervision, electricity supervision, safety supervision and industry supervision, etc., shall establish and improve the organization and coordination and supervision and inspection mechanisms for the work of industrial restructuring, so as to perform their respective roles, work closely and form synergy, and to effectively enhance the effectiveness of the implementation of industrial policies. In the implementation of the "Interim Provisions", to correctly deal with the relationship between government guidance and market regulation, give full play to the fundamental role of the market allocation of resources, correctly deal with the relationship between development and stability, local interests and overall interests, immediate and long-term interests, to maintain stable and rapid economic development.
State Council
December 2, 2005
Interim Provisions on Promoting Industrial Structure Adjustment
Chapter I General Provisions
Article 1 For the purpose of comprehensively implementing the scientific outlook on development, strengthening and improving macroeconomic regulation and control, guiding social investment, and promoting the optimization and upgrading of the industrial structure, the present Provisions have been formulated in accordance with the relevant national laws and administrative regulations.
Article 2 Objectives of Industrial Structure Adjustment:
To promote the optimization and upgrading of the industrial structure, to promote the healthy and coordinated development of the primary, secondary and tertiary industries, to gradually form an industrial pattern based on agriculture, with high-tech industries as the forerunner, supported by the basic industries and the manufacturing industry, and with the comprehensive development of the service industry, and to adhere to the development of economy, cleanliness and safety, and to realize the sustainable development.
Article 3 Principles of industrial restructuring:
Insist on the combination of market regulation and government guidance. Give full play to the fundamental role of the market in the allocation of resources, and strengthen the reasonable guidance of the national industrial policy to achieve the optimal allocation of resources.
Improve industrial technology level by independent innovation. Enhancement of independent innovation as the central part of the adjustment of industrial structure, the establishment of enterprise as the main body, market-oriented, production, learning and research combined with the technological innovation system, and vigorously improve the ability of original innovation, integrated innovation and the introduction of the ability to absorb and re-innovation, to enhance the overall technological level of the industry.
Adhering to the new road of industrialization. To drive industrialization with informatization, to promote informatization with industrialization, to take the road of development with high scientific and technological content, good economic efficiency, low consumption of resources, low environmental pollution, guaranteed safety, and the advantages of human resources given full play to, and to strive to promote a fundamental change in the mode of economic growth.
Promoting the coordinated and healthy development of industries. Develop advanced manufacturing industries, increase the proportion and level of service industries, strengthen infrastructure construction, optimize the industrial structure and layout of urban and rural areas, optimize the structure of foreign trade and the use of foreign capital, safeguard the legitimate rights and interests of the masses, strive to expand employment, and promote the coordinated development of the economy and society.
Chapter II: Direction and Focus of Industrial Restructuring
Article 4: Consolidate and strengthen the basic position of agriculture, and accelerate the transformation of traditional agriculture into modern agriculture. Accelerate the progress of agricultural science and technology, strengthen the construction of agricultural facilities, adjust the structure of agricultural production, change the mode of agricultural growth, and improve the comprehensive production capacity of agriculture. Stabilize the development of grain production, accelerate the implementation of high-quality grain industry projects, build large-scale commercial grain production bases, and ensure food security. Optimize the layout of agricultural production, promote the industrialization of agriculture, accelerate agricultural standardization, promote the processing of agricultural products into value-added, the development of high-yield, high-quality, efficient, ecological and safe agriculture. Vigorously develop animal husbandry, improve the level of scale, intensification and standardization, protect natural grassland, and build a fodder grassland base. Actively develop aquaculture, protect and rationally utilize fishery resources, promote green fishery breeding methods, and develop highly efficient ecological aquaculture. Develop raw material and timber forest bases according to local conditions, and improve the comprehensive utilization rate of timber. Strengthen the construction of farmland water conservancy, renovate medium- and low-yield fields, and improve land preparation. Improve the level of agricultural mechanization, and perfect the system of agricultural technology promotion, agricultural product market, agricultural product quality and safety, and animal and plant pest prevention and control. Actively implement water-saving irrigation, scientific use of fertilizers and pesticides, and promote sustainable agricultural development.
Article 5 Strengthen the construction of energy, transportation, water conservancy and information and other infrastructure, and enhance the ability to ensure economic and social development.
Adhere to conservation first, based on domestic, coal-based, diversified development, optimize the energy structure, and build a stable, economic, clean energy supply system. Optimize the development of coal power with large-scale and high-efficiency units, develop hydropower in an orderly manner on the basis of ecological protection, actively develop nuclear power, strengthen the construction of power grids, optimize the structure of power grids, and expand the scale of west-to-east power transmission. The construction of large coal bases, the adjustment and transformation of small and medium-sized coal mines, the resolute elimination of small coal mines that do not have the conditions for safe production and wasteful destruction of resources, the accelerated implementation of the comprehensive utilization of resources such as coal gangue, coalbed methane, mine water, and the encouragement of coal-power joint ventures. The implementation of oil and gas, increase oil, natural gas resources exploration and development and utilization, expanding overseas cooperation and development, accelerate the construction of infrastructure in the field of oil and gas. Actively support and develop new energy and renewable energy industries, encourage the development and utilization of alternative oil resources and clean energy, actively promote the industrialization of clean coal technology, accelerate the development of wind, solar and biomass energy.
Focus on expanding the network to form a convenient, smooth, efficient and safe comprehensive transportation system. Adhering to integrated planning and rational layout, it realizes the complementary advantages of railroads, highways, water transport, civil aviation, pipelines and other modes of transport, which are interconnected and give full play to the combined efficiency and overall advantages. Accelerate the development of railroads and urban rail transportation, focusing on the construction of passenger dedicated lines, coal transportation corridors, regional corridors and railroads in the western region. Improve the main national highways and western regional highway trunk lines, build the national highway network, and vigorously promote the construction of rural roads. Priority will be given to the development of urban public **** transportation. Strengthen the construction of deep-water terminals for containers, energy materials and ores, and develop inland waterway transportation. Expand large airports, improve medium-sized airports, increase small airports, and build an airport system with reasonable layout, appropriate scale, complete functions and coordinated development. Strengthen the construction of pipeline transportation.
Strengthen water conservancy construction and optimize water resources allocation. Coordinate upstream and downstream, surface and groundwater resources allocation, control groundwater mining, and actively carry out seawater desalination. Strengthening flood control and drought engineering construction, dike reinforcement and control of water conservancy hubs and other flood control system as the focus, strengthen the weak links in the construction of flood control and disaster mitigation, continue to strengthen the dikes on the main streams of large rivers, flood storage areas, dangerous reservoirs and urban flood control backbone project construction, the construction of the South-to-North Water Diversion Project. Increase the construction and renovation of drinking water projects for people and animals and irrigation projects.
Strengthening the construction of information infrastructure such as broadband communication networks, digital television networks and the next-generation Internet, advancing the "triple-network fusion", and improving the information security guarantee system.
Article VI to revitalize the equipment manufacturing industry as the focus of the development of advanced manufacturing industry, to play an important role in supporting economic development.
The equipment manufacturing industry should rely on key construction projects, through independent innovation, the introduction of technology, cooperative development, joint manufacturing and other ways to improve the level of localization of major technology and equipment, especially in the efficient and clean power generation and transmission, large-scale petrochemicals, advanced and suitable transportation equipment, high-grade numerically-controlled machine tools, automation and control, integrated circuit equipment, advanced power equipment, energy-saving equipment to achieve a breakthroughs, and improve the overall level of research and development, design, core components, processing and manufacturing and system integration.
Adhering to informationization to drive industrialization, encouraging the use of high technology and advanced applicable technology to transform and upgrade the manufacturing industry, and increasing the proportion of independent intellectual property rights, independent brands and high-end products. According to the energy, resource conditions and environmental capacity, efforts to adjust the product structure of the raw materials industry, enterprise organizational structure and industrial layout, improve product quality and technical content. Support the development of cold-rolled sheet, cold-rolled silicon steel sheet, high-concentration phosphate fertilizer, high-efficiency, low-toxicity, low-residue pesticides, ethylene, fine chemicals, high-performance differentiated fibers. Promote oil refining, ethylene, steel, cement, paper to the base and large-scale development. Strengthen the geological survey of important resources such as iron, copper and aluminum, increase the geological reserves of resources, and implement rational exploitation and comprehensive utilization.
Article VII accelerate the development of high-tech industries, and further enhance the role of high-tech industries in driving economic growth.
Enhance the ability of independent innovation, and strive to master the core and key technologies, vigorously develop high-tech economic and social development has a significant role in driving the development of high-tech, support the development of major industrial technologies, the development of important technical standards, to build the technological basis for independent innovation, and accelerate the extension of high-tech industries from processing and assembly-based to independent research and development and manufacturing. In accordance with the requirements of industrial agglomeration, large-scale development and expansion of international cooperation, we will vigorously develop the information, biological, new materials, new energy, aerospace and other industries, and cultivate more new points of economic growth. Priority will be given to the development of the information industry, vigorously developing core industries such as integrated circuits and software, focusing on the cultivation of information industry clusters such as digitized audio and video, new-generation mobile communications, high-performance computers and network equipment, strengthening the development of information resources and **** enjoyment, and promoting the popularization and application of information technology. Giving full play to China's unique resource and technological advantages, we will focus on the development of bio-industries such as bio-agriculture, bio-medicine, bio-energy and bio-chemicals. Accelerate the development of civil aviation and aerospace industries, promote the development and industrialization of civil aircraft, aviation engines and airborne systems, and further develop civil aerospace technology and satellite technology. It will actively develop the new materials industry, and support the development of products such as optoelectronic materials, high-performance structures and new types of special functional materials with technological characteristics as well as those that can give full play to China's comparative advantages.
Article 8 Increase the proportion of the service industry, optimize the structure of the service industry, and promote the rapid development of the service industry in all aspects. Adhere to the direction of marketization, industrialization and socialization, strengthen classified guidance and effective supervision, further innovate and improve the system and mechanism for the development of the service industry, and establish an open, equal and standardized industry access system. The development of large-scale service enterprise groups with strong competitiveness, the development of the service industry should be prioritized in large cities, and an industrial structure dominated by the service economy should be gradually formed where conditions exist. Increase the variety of services, improve the level of services, enhance employment capacity, and improve the quality of the industry. Vigorously develop modern service industries such as finance, insurance, logistics, information and legal services, accounting, intellectual property rights, technology, design, and consulting services; actively develop industries with high demand potential such as culture, tourism, and community services; and accelerate the reform and development of education and training, pension services, and health care. It will regulate and upgrade traditional service industries such as commerce, catering and accommodation, and promote organizational forms and service modes such as chain management, franchising, agency system, multimodal transportation and e-commerce.
Article IX vigorously develop a circular economy, build a resource-saving and environmentally friendly society, and realize the coordination of economic growth with the population, resources and environment. Adhere to the development and conservation and conservation priority policy, in accordance with the principle of reduction, reuse, resource, and vigorously promote energy saving, water saving, land saving, material saving, strengthen the comprehensive utilization of resources, the comprehensive implementation of clean production, improve the recycling system of renewable resources, and the formation of low-input, low-consumption, low-emission, and high-efficiency conservation-oriented growth mode. Actively develop and promote resource-saving, alternative and recycling technologies and products, focusing on promoting energy-saving and consumption-reducing technological transformation in the iron and steel, non-ferrous metals, electric power, petrochemicals, construction, coal, building materials, paper and other industries, and developing energy-saving and land-saving buildings, implementing a mandatory phase-out system for processes and products that consume high amounts of energy, pollute heavily, jeopardize safe production, and are technologically outdated, and closing down, in accordance with the law, enterprises that damage the environment and do not have safe production conditions. Adjust the scale of high-energy-consuming and high-polluting industries, and reduce the proportion of high-energy-consuming and high-polluting industries. Encourage the production and use of all kinds of consumer goods with good saving performance, and form a consumption pattern that saves resources. Vigorously develop environmentally friendly industries, focus on controlling unreasonable resource development, and strengthen the ecological protection of water resources, land, forests, grasslands and oceans.
Article X optimizes the structure of industrial organization and adjusts the regional industrial layout. Improve the level of enterprise economies of scale and industrial concentration, accelerate the development of large-scale enterprises, and form a number of large companies and enterprise groups with independent intellectual property rights, outstanding main business and strong core competitiveness. Give full play to the role of small and medium-sized enterprises (SMEs), promote the formation of a division of labor between SMEs and large enterprises, raise the level of production specialization, and promote technological progress and industrial upgrading of SMEs. Give full play to their comparative advantages, actively promote the rational flow and allocation of production factors, and guide the development of industrial clusters. The western region should strengthen infrastructure construction and ecological environmental protection, improve public **** services, and develop specialty industries in combination with local resource advantages to enhance self-development capabilities. The northeastern region should accelerate industrial restructuring and reform and restructuring of state-owned enterprises, develop modern agriculture, focus on revitalizing the equipment manufacturing industry, and promote the transformation of resource-exhausted cities. The central region should focus on the construction of major grain-producing areas, develop energy and manufacturing industries with comparative advantages, strengthen infrastructure construction, and accelerate the establishment of a modern market system. The eastern region should strive to improve its capacity for independent innovation, accelerate structural optimization and upgrading and the transformation of its growth pattern, raise the level of its export-oriented economy, and enhance its international competitiveness and capacity for sustainable development. Starting from the overall strategic layout of regional development, and based on the carrying capacity of resources and environment and development potential, differentiated regional industrial layout such as optimized development, key development, restricted development and prohibited development will be implemented.
Article 11 The implementation of a mutually beneficial ****-win opening-up strategy, improve the level of opening up to the outside world, and promote the upgrading of the domestic industrial structure. Accelerate the transformation of foreign trade growth, expand the export of goods with independent intellectual property rights, independent brands, control the export of high-energy consumption and high pollution products, and encourage the import of advanced technology and equipment and domestic shortage of resources. Support enterprises with the conditions to "go out", develop and grow in the international market competition, and drive the development of domestic industries. Improve the industrial level of processing trade and enhance the domestic supporting capacity. Vigorously develop trade in services, continue to open up the service market, and undertake the transfer of international modern service industries in an orderly manner. Improve the quality and level of utilization of foreign investment, focus on the introduction of advanced technology, management experience and high-quality talents, and pay attention to the digestion, absorption and innovation of introduced technology. Regions and development zones with strong ability to attract foreign investment should focus on improving the level of manufacturing and actively expanding into research and development, modern logistics and other fields.
Chapter III: Guidance Catalog for Industrial Structure Adjustment
Article 12: The Guidance Catalog for Industrial Structure Adjustment is an important basis for guiding the direction of investment, the government's management of investment projects, and the formulation and implementation of policies on finance, taxation, credit, land, import and export.
The "Industrial Structure Adjustment Guidance Catalog" shall be formulated by the Development and Reform Commission and the relevant departments of the State Council on the basis of relevant national laws and regulations, and shall be published after approval by the State Council. According to the actual situation, the need for partial adjustment of the "Industrial Structure Adjustment Guidance Catalog", the Development and Reform Commission with the relevant departments of the State Council revised and published in due course.
In principle, the Guidance Catalog for Industrial Structure Adjustment applies to all kinds of enterprises in China. Among them, foreign investment is carried out in accordance with the Catalogue for the Guidance of Industries for Foreign Investment. The Industrial Structure Adjustment Guidance Catalog is one of the main bases for revising the Foreign Investment Industry Guidance Catalog. The phase-out category of the Industrial Structure Adjustment Guidance Catalog applies to foreign-invested enterprises. The issues of policy convergence in the implementation of the Guidance Catalog for Industrial Restructuring and the Guidance Catalog for Foreign-invested Industries shall be studied and negotiated by the Development and Reform Commission and the Ministry of Commerce.
Article 13 The Guidance Catalog for Industrial Restructuring consists of three categories: encouraged, restricted and eliminated. Those that do not belong to the encouraged, restricted and eliminated categories and are in line with relevant national laws, regulations and policies are permitted. The permitted category is not included in the Industrial Structure Adjustment Guidance Catalog. The examination of the big environmental assessment engineer site - worth your collection of good sites!
Article 14 Encouragement category is mainly for economic and social development has an important role in promoting, conducive to resource conservation, protection of the environment, optimization and upgrading of industrial structure, the need to take policy measures to encourage and support the key technologies, equipment and products. In accordance with the following principles to determine the encouraged categories of industrial directory:
(a) domestic research and development, industrialization of the technological basis for technological innovation, the formation of new economic growth points;
(b) the current and future period of time has a greater market demand, the development of promising, conducive to improving the supply of shortages of goods, and is conducive to the opening up of the domestic and foreign markets;
(c) a high degree of technical and technological innovation, and the development of new technologies, equipment and products, and the need to take policy measures to encourage and support. p>(c) have a high technological content, conducive to promoting industrial technological progress, improve industrial competitiveness;
(d) in line with the requirements of the sustainable development strategy, is conducive to safe production, is conducive to the conservation and comprehensive utilization of resources, is conducive to the development and utilization of new energy and renewable energy, improve energy efficiency, and is conducive to the protection and improvement of the ecological environment;
(e) is conducive to the realization of China's Comparative advantage, especially in the central and western regions and northeastern regions and other old industrial bases, such as energy, mineral resources and labor resources;
(6) conducive to the expansion of employment and increase jobs;
(7) other circumstances provided by laws and administrative regulations.
Article XV of the restricted category is mainly backward technology, does not meet the industry access conditions and relevant regulations, is not conducive to the optimization and upgrading of industrial structure, the need to supervise the renovation and the prohibition of new production capacity, process technology, equipment and products. In accordance with the following principles to determine the restricted categories of industrial guidance directory:
(a) does not meet the industry access conditions, backward technology, there is no improvement in industrial structure;
(b) is not conducive to safe production;
(c) is not conducive to resource and energy conservation;
(d) is not conducive to environmental protection and ecosystem restoration;
(e) Low-level repeated construction is more serious and there is obvious excess production capacity;
(vi) Other circumstances stipulated by laws and administrative regulations.
Article 16 The elimination category is mainly backward technology, equipment and products that do not comply with the relevant laws and regulations, seriously waste resources, pollute the environment, and do not have the conditions for safe production and need to be eliminated. In accordance with the following principles to determine the elimination of industrial guidance catalog:
(a) endangering production and personal safety, do not have safe production conditions;
(b) serious pollution of the environment or serious damage to the ecological environment;
(c) product quality is lower than the national regulations or the industry's minimum standards;
(d) a serious waste of resources, energy;
(e) laws, administrative regulations, and other relevant laws and regulations to eliminate backward processes, technologies, equipment and products. p>(v) other circumstances prescribed by laws and administrative regulations.
Article 17 For investment projects of the encouraged category, they shall be examined, approved or filed in accordance with the relevant state investment management regulations; all financial institutions shall provide credit support in accordance with the credit principles; equipment imported for self-use within the total amount of investment shall continue to be exempted from tariffs and import linkage value-added tax, except for the commodities listed in the "Catalogue of Imported Commodities Not Exempted from Taxation in Domestic Investment Projects (Revised in 2000)" issued by the Ministry of Finance. Value-added tax shall continue to be exempted from customs duty and import link tax, and shall be implemented in accordance with the new regulations after the State introduces new regulations such as the Catalog of Imported Commodities Not Exempted from Tax. Other preferential policies for encouraged industrial projects shall be implemented in accordance with the relevant state regulations.
Article 18 Investment in new projects belonging to restricted categories shall be prohibited. Investment management department shall not be approved, approved or filed, the financial institutions shall not issue loans, land management, urban planning and construction, environmental protection, quality inspection, fire, customs, industry and commerce departments shall not handle the relevant procedures. Any violation of the provisions of the investment and financing construction, the relevant units and personnel to be held accountable.
The existing production capacity belonging to the restricted category, enterprises are allowed to take measures to transform and upgrade within a certain period of time, and financial institutions will continue to give support in accordance with credit principles. The relevant state departments shall, in accordance with the requirements of the optimization and upgrading of industrial structure, follow the principle of survival of the fittest, the implementation of classification guidance.
Article 19 The investment is prohibited for the elimination type projects. Financial institutions shall stop all forms of credit support, and take measures to recover the loans issued; regions, departments and relevant enterprises shall take vigorous measures to phase out the required deadline. During the phase-out period, the State price authorities may raise the price of electricity supply. The state expressly eliminated production process technology, equipment and products, shall not be imported, transferred, production, sales, use and adoption.
The production process technology, equipment and products are not phased out by the enterprise, the local people's governments at all levels and the relevant departments shall, in accordance with relevant state laws and regulations, ordered to stop production or be closed, and take appropriate measures to resettle the enterprise personnel, preserving the safety of credit assets of financial institutions, etc.; its products are the implementation of the management of production licenses, the relevant departments shall revoke the license in accordance with the law; the administrative departments for industry and commerce To supervise its change of registration or cancellation of registration in accordance with the law; environmental protection management departments to revoke its sewage discharge license; power supply enterprises to stop the power supply in accordance with the law. Violators of the provisions of the law shall be held directly responsible for the responsibility of the person and the leadership concerned.
Chapter IV Supplementary Provisions
Article 20 These provisions shall come into force on the date of publication. The former State Planning Commission, the State Economic and Trade Commission issued the "current national key to encourage the development of industries, products and technologies catalog (revised in 2000)", the former State Economic and Trade Commission issued the "elimination of outdated production capacity, processes and products of the directory (the first, the second, the third batch)" and "industrial and commercial investment in the field of stopping the duplication of the construction of the directory (the first batch)" is repealed at the same time.
Article 13 The Catalogue for the Guidance of Industrial Structure Adjustment consists of three categories of catalogs: encouraged, restricted and eliminated. Those that do not belong to the encouraged, restricted and eliminated categories and are in line with relevant national laws, regulations and policies are allowed. The permitted category is not included in the Industrial Structure Adjustment Guidance Catalog.
Article 14 Encouraged categories are mainly key technologies, equipment and products that have an important role to play in promoting economic and social development, are conducive to resource conservation, environmental protection, optimization and upgrading of industrial structure, and need to take policy measures to encourage and support. In accordance with the following principles to determine the encouraged categories of industrial directory:
(a) domestic research and development, industrialization of the technological basis for technological innovation, the formation of new economic growth points;
(b) the current and future period of time has a greater market demand, the development of promising, conducive to improving the supply of shortages of goods, and is conducive to the opening up of the domestic and foreign markets;
(c) a high degree of technical and technological innovation, and the development of new technologies, equipment and products, and the need to take policy measures to encourage and support. p>(c) have a high technological content, conducive to promoting industrial technological progress, improve industrial competitiveness;
(d) in line with the requirements of the sustainable development strategy, is conducive to safe production, is conducive to the conservation and comprehensive utilization of resources, is conducive to the development and utilization of new energy and renewable energy, improve energy efficiency, and is conducive to the protection and improvement of the ecological environment;
(e) is conducive to the realization of China's Comparative advantage, especially in the central and western regions and northeastern regions and other old industrial bases, such as energy, mineral resources and labor resources;
(6) conducive to the expansion of employment and increase jobs;
(7) other circumstances provided by laws and administrative regulations.
Article XV of the restricted category is mainly backward technology, does not meet the industry access conditions and relevant regulations, is not conducive to the optimization and upgrading of industrial structure, the need to supervise the renovation and the prohibition of new production capacity, process technology, equipment and products. In accordance with the following principles to determine the restricted categories of industrial guidance directory:
(a) does not meet the industry access conditions, backward technology, there is no improvement in industrial structure;
(b) is not conducive to safe production;
(c) is not conducive to resource and energy conservation;
(d) is not conducive to environmental protection and ecosystem restoration;
(e) Low-level repeated construction is more serious and there is obvious excess production capacity;
(vi) Other circumstances stipulated by laws and administrative regulations.
Article 16 The elimination category is mainly backward technology, equipment and products that do not comply with the relevant laws and regulations, seriously waste resources, pollute the environment, and do not have the conditions for safe production and need to be eliminated. In accordance with the following principles to determine the elimination of industrial guidance catalog:
(a) endangering production and personal safety, do not have safe production conditions;
(b) serious pollution of the environment or serious damage to the ecological environment;
(c) product quality is lower than the national regulations or the industry's minimum standards;
(d) a serious waste of resources, energy;
(e) laws, administrative regulations, and other relevant laws and regulations to eliminate backward processes, technologies, equipment and products. p>(v) other circumstances prescribed by laws and administrative regulations.
Article 17 For investment projects of the encouraged category, they shall be examined, approved or filed in accordance with the relevant state investment management regulations; all financial institutions shall provide credit support in accordance with the credit principles; equipment imported for self-use within the total amount of investment shall continue to be exempted from tariffs and import linkage value-added tax, except for the commodities listed in the "Catalogue of Imported Commodities Not Exempted from Taxation in Domestic Investment Projects (Revised in 2000)" issued by the Ministry of Finance. Value-added tax shall continue to be exempted from customs duty and import link tax, and shall be implemented in accordance with the new regulations after the State introduces new regulations such as the Catalog of Imported Commodities Not Exempted from Tax. Other preferential policies for encouraged industrial projects shall be implemented in accordance with the relevant state regulations.
Article 18 Investment in new projects belonging to restricted categories shall be prohibited. Investment management department shall not be approved, approved or filed, the financial institutions shall not issue loans, land management, urban planning and construction, environmental protection, quality inspection, fire, customs, industry and commerce departments shall not handle the relevant procedures. Any violation of the provisions of the investment and financing construction, the relevant units and personnel to be held accountable.
The existing production capacity belonging to the restricted category, enterprises are allowed to take measures to transform and upgrade within a certain period of time, and financial institutions will continue to give support in accordance with credit principles. The relevant state departments shall, in accordance with the requirements of the optimization and upgrading of industrial structure, follow the principle of survival of the fittest, the implementation of classification guidance.
Article 19 The investment is prohibited for the elimination type projects. Financial institutions shall stop all forms of credit support, and take measures to recover the loans issued; regions, departments and relevant enterprises shall take vigorous measures to phase out the required deadline. During the phase-out period, the State price authorities may raise the price of electricity supply. The state expressly eliminated production process technology, equipment and products, shall not be imported, transferred, production, sales, use and adoption.
The production process technology, equipment and products are not phased out by the enterprise, the local people's governments at all levels and the relevant departments shall, in accordance with relevant state laws and regulations, ordered to stop production or be closed, and take appropriate measures to resettle the enterprise personnel, preserving the safety of credit assets of financial institutions, etc.; its products are the implementation of the management of production licenses, the relevant departments shall revoke the license in accordance with the law; the administrative departments for industry and commerce To supervise its change of registration or cancellation of registration in accordance with the law; environmental protection management department to revoke its sewage discharge license; power supply enterprises to stop the power supply in accordance with the law. Violators of the provisions of the law shall be held directly responsible for the responsibility of the person and the leadership concerned.
Chapter IV Supplementary Provisions
Article 20 These provisions shall come into force on the date of publication. The former State Planning Commission, the State Economic and Trade Commission issued the "current national key to encourage the development of industries, products and technologies catalog (revised in 2000)", the former State Economic and Trade Commission issued the "elimination of outdated production capacity, processes and products of the directory (the first, the second, the third batch)" and "industrial and commercial investment to stop the duplication of the construction of the directory (the first batch)" is repealed at the same time.
Article 21 The relevant preferential policies implemented on the basis of the Catalogue of Industries, Products and Technologies Currently Encouraged by the State (Revised in 2000) shall be adjusted to be implemented on the basis of the Encouragement Catalogue of the Guidance Catalogue for Industrial Structure Adjustment. The establishment of foreign-invested enterprises and tax policies to implement national laws and administrative regulations on foreign investment.