Decision of the State Council on Promulgating and Implementing the Interim Provisions on Promoting Industrial Structure Adjustment

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:

"Interim Provisions on Promoting Industrial Structure Adjustment" (hereinafter referred to as "Interim Provisions") was considered and adopted at the 1 12 executive meeting in the State Council on October 9, 2005, and is 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 achieve the objectives of the 11th Five-Year Plan. This is of great significance to fully implement Scientific Outlook on Development, strengthen and improve macro-control, further change the mode of economic growth, promote the adjustment and optimization of industrial structure, and maintain the steady and rapid development of the national economy. The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government should take the adjustment of industrial structure as an important task of reform and development at present and in the future, establish a responsibility system, pay close attention to implementation, formulate specific measures according to the requirements of the Interim Provisions and the reality of industrial development in the region, rationally guide the investment direction, encourage and support the development of advanced production capacity, limit and eliminate backward production capacity, prevent blind investment and low-level redundant construction, and effectively promote the optimization and upgrading of industrial structure. All relevant departments should speed up the formulation and revision of relevant policies on finance, taxation, credit, land, import and export, earnestly strengthen coordination with industrial policies, and further improve the policy system for promoting industrial restructuring. The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, the national development and reform, finance, taxation, land and resources, environmental protection, industry and commerce, quality inspection, banking supervision, electricity supervision, safety supervision and other relevant departments and industry leaders should establish and improve the organization, coordination, supervision and inspection mechanism of industrial restructuring, perform their duties, cooperate closely, form a joint force, and effectively enhance the implementation effect of industrial policies. To implement the Interim Provisions, we should correctly handle the relationship between government guidance and market regulation, give full play to the basic role of market in allocating resources, correctly handle the relationship between development and stability, local interests and overall interests, immediate interests and long-term interests, and maintain stable and rapid economic development.

the State Council

Press release issued on 2 December 2005

Interim Provisions on Promoting the Adjustment of Industrial Structure

Chapter I General Provisions

Article 1 In order to fully implement Scientific Outlook on Development, strengthen and improve macro-control, guide social investment and promote the optimization and upgrading of industrial structure, these Provisions are formulated in accordance with relevant national laws and administrative regulations.

Article 2 The objectives of industrial restructuring are:

Promote the optimization and upgrading of industrial structure, promote the healthy and coordinated development of primary, secondary and tertiary industries, and gradually form an industrial pattern based on agriculture, led by high-tech industries, supported by basic industries and manufacturing industries, and fully developed service industries, and adhere to economical development, clean development and safe development to achieve sustainable development.

Article 3 Principles of industrial structure adjustment:

Adhere to the combination of market regulation and government guidance. Give full play to the basic role of the market in allocating resources, strengthen the rational guidance of national industrial policies, and realize the optimal allocation of resources.

Promoting industrial technology level with independent innovation. To strengthen the ability of independent innovation as the central link in adjusting the industrial structure, we should establish a technological innovation system with enterprises as the main body, market-oriented and Industry-University-Research as the combination, vigorously improve the original innovation ability, integrated innovation ability and the ability to introduce, digest, absorb and innovate again, and enhance the overall technical level of the industry.

Adhere to the road of new industrialization. Promote industrialization by informationization, promote informationization by industrialization, take the development road of high technology content, good economic benefits, low resource consumption, less environmental pollution, good safety guarantee and give full play to the advantages of human resources, and strive to promote the fundamental transformation of economic growth mode.

Promote the coordinated and healthy development of industries. Develop advanced manufacturing industry, raise the proportion and level of service industry, strengthen infrastructure construction, optimize industrial structure and urban-rural layout, optimize the structure of foreign trade and utilization of foreign capital, safeguard people's legitimate rights and interests, strive to expand employment and promote coordinated economic and social development.

Chapter II Direction and Emphasis of Industrial Structure Adjustment

Article 4 Consolidate and strengthen the basic position of agriculture and accelerate the transformation from traditional agriculture to 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 agricultural production capacity. We will steadily develop grain production, accelerate the implementation of high-quality grain industry projects, and build large-scale commodity grain production bases to ensure food security. Optimize the layout of agricultural production, promote agricultural industrialization, speed up agricultural standardization, promote the transformation and appreciation of agricultural products, and develop 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 feed grassland base. Actively develop aquaculture, protect and rationally utilize fishery resources, promote green fishery farming methods, and develop efficient ecological aquaculture. Develop raw material forest and timber forest base according to local conditions to improve the comprehensive utilization rate of wood. Strengthen the construction of farmland water conservancy, transform low-and medium-yield fields and do a good job in land consolidation. Improve the level of agricultural mechanization, improve agricultural technology popularization, agricultural products market, agricultural products quality and safety and animal and plant diseases and insect pests control system. Actively promote water-saving irrigation, scientifically use chemical fertilizers and pesticides, and promote the sustainable development of agriculture.

Fifth, strengthen infrastructure construction such as energy, transportation, water conservancy and information, and enhance the ability to ensure economic and social development.

Adhere to the priority of saving, based on domestic, coal-based, diversified development, optimize the energy structure, and build a stable, economical and clean energy supply system. Optimize the development of coal-fired power plants focusing on large-scale high-efficiency units, develop hydropower in an orderly manner on the basis of ecological protection, actively develop nuclear power, strengthen power grid construction, optimize power grid structure, and expand the scale of power transmission from west to east. Build large coal bases, adjust and transform small and medium-sized coal mines, resolutely eliminate small coal mines that do not have safe production conditions and waste resources, accelerate the comprehensive utilization of resources such as coal gangue, coalbed methane and mine water, and encourage coal-electricity joint ventures. At the same time, carry out oil and gas development, increase the exploration, development and utilization of oil and gas resources, expand overseas cooperative development, and accelerate the construction of oil and gas field infrastructure. Actively support and develop new and renewable energy industries, encourage the development and utilization of oil-based alternative resources and clean energy, actively promote the industrialization of clean coal technology, and accelerate the development of wind energy, solar energy and biomass energy.

Focus on expanding the network to form a convenient, unobstructed, efficient and safe comprehensive transportation system. Adhere to overall planning and rational layout, realize the complementary advantages of railways, highways, waterways, civil aviation and pipelines, and give play to the combined efficiency and overall advantages. Accelerate the development of railways and urban rail transit, focusing on the construction of passenger dedicated lines, coal transportation corridors, regional corridors and railways in the western region. Improve the national trunk roads and the trunk roads in the western region, build a national highway network, and vigorously promote the construction of rural roads. Give priority to the development of urban public transport. Strengthen the construction of deep-water terminals for containers, energy materials and minerals, and develop inland river shipping. Expand large airports, improve medium-sized airports, increase small airports, and build an airport system with reasonable layout, moderate scale, complete functions and coordinated development. Strengthen the construction of pipeline transportation.

Strengthen water conservancy construction and optimize the allocation of water resources. Coordinate the allocation of upstream and downstream and surface water resources, control groundwater exploitation, and actively carry out seawater desalination. We will strengthen the construction of flood control and drought relief projects, focus on the construction of flood control systems such as dike reinforcement and controlled water conservancy projects, strengthen the construction of weak links in flood control and disaster reduction, continue to strengthen the reinforcement of dikes, flood storage and detention areas, dangerous reservoirs and key urban flood control projects, and build the South-to-North Water Transfer Project. Strengthen the construction and transformation of drinking water projects for people and livestock and supporting projects in irrigation areas.

Strengthen the construction of information infrastructure such as broadband communication network, digital TV network and next generation Internet, promote the "triple play" and improve the information security system.

Article 6 Focus on revitalizing the equipment manufacturing industry, develop advanced manufacturing industry and give play to its important supporting role for economic development.

The equipment manufacturing industry should rely on key construction projects to improve the localization level of major technical equipment through independent innovation, technology introduction, cooperative development and joint manufacturing, especially in the fields of efficient and clean power generation and transmission and transformation, petrochemical industry, advanced and applicable transportation equipment, high-end CNC machine tools, automatic control, integrated circuit equipment, advanced power equipment, energy-saving and consumption-reducing equipment, and improve the overall level of R&D design, core component matching, processing and manufacturing and system integration.

Insist on promoting industrialization through informationization, encourage the use of high-tech and advanced and applicable technologies to transform and upgrade the manufacturing industry, and increase the proportion of independent intellectual property rights, independent brands and high-end products. According to energy, resource conditions and environmental capacity, efforts should be made to adjust the product structure, enterprise organizational structure and industrial layout of raw material industry to 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 and low-residue pesticides, ethylene, fine chemicals and high-performance differential fibers. Promote the base and scale development of oil refining, ethylene, steel, cement and paper making. Strengthen the geological exploration of iron, copper, aluminum and other important resources, increase the geological reserves of resources, and implement rational exploitation and comprehensive utilization.

Seventh, accelerate the development of high-tech industries, and further enhance the driving role of high-tech industries in economic growth.

Enhance the ability of independent innovation, strive to master core technologies and key technologies, vigorously develop high and new technologies that have a significant driving role in economic and social development, support the development of major industrial technologies, formulate important technical standards, build a technical foundation for independent innovation, and accelerate the extension of high-tech industries from processing and assembly 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 industries such as information, biology, new materials, new energy and aerospace, and cultivate more new economic growth points. Give priority to the development of information industry, vigorously develop core industries such as integrated circuits and software, focus on cultivating information industry clusters such as digital audio and video, new generation mobile communication, high-performance computers and network equipment, strengthen the development and enjoyment of information resources, and promote the popularization and application of information technology. Give full play to China's unique resource advantages and technological advantages, and focus on developing bio-industries, such as bio-agriculture, bio-medicine, bio-energy and bio-chemical. Accelerate the development of civil aviation and aerospace industry, promote the research and industrialization of civil aircraft, aero-engines and airborne systems, and further develop civil aerospace technology and satellite technology. Actively develop new material industries and support the development of photoelectric materials, high-performance structures and new special functional materials with technical characteristics that can give play to China's comparative advantages.

Eighth increase the proportion of service industry, optimize the structure of service industry, and promote the comprehensive and rapid development of service industry. Adhere to the direction of marketization, industrialization and socialization, strengthen classified guidance and effective supervision, further innovate and improve the system and mechanism of service industry development, and establish an open, equal and standardized industry access system. Big cities should develop large-scale service enterprise groups with strong competitiveness, give priority to the development of service industry, and gradually form an industrial structure based on service economy when conditions permit. Increase the types of services, improve the service level, enhance the employability and upgrade the industrial quality. Vigorously develop modern service industries such as finance, insurance, logistics, information and legal services, accounting, intellectual property rights, science and technology, design and consulting services, actively develop industries with great demand potential such as culture, tourism and community services, and accelerate the reform and development in the fields of education and training, aged care services and medical and health care. Standardize and upgrade traditional service industries such as commerce, catering and accommodation, and promote organizational forms and service methods such as chain operation, franchising, agency system, multimodal transport and e-commerce.

Article 9 Vigorously develop circular economy, build a resource-saving and environment-friendly society, and realize the coordination between economic growth and population, resources and environment. Adhere to the principle of paying equal attention to development and protection and giving priority to protection. In accordance with the principles of reduction, reuse and recycling, we will vigorously promote energy-saving, water-saving, land-saving and material-saving, strengthen comprehensive utilization of resources, comprehensively implement clean production, improve the recycling system of renewable resources, and form an economic growth mode with low input, low consumption, low emission and high efficiency. Actively develop and promote technologies and products for resource conservation, substitution and recycling, focus on promoting technological transformation of energy conservation and consumption reduction in steel, nonferrous metals, electric power, petrochemical, construction, coal, building materials, paper making and other industries, develop energy-saving and land-saving buildings, implement a compulsory elimination system for technologies and products with high consumption, heavy pollution and endangering safety production, and enterprises with backward technologies, and close down enterprises that damage the environment and do not have conditions for safety production according to law. Adjust the scale of industries with high energy consumption and pollution, and reduce the proportion of industries with high energy consumption and pollution. Encourage the production and use of all kinds of consumer goods with good saving performance, and form a consumption pattern of saving resources. Vigorously develop environmental protection industries, focus on controlling unreasonable resource development, and strengthen ecological protection of water resources, land, forests, grasslands and oceans.

Tenth, optimize the industrial organization structure and adjust the regional industrial layout. Improve the scale economy level and industrial concentration of enterprises, accelerate the development of large enterprises, and form a number of large companies and enterprise groups with independent intellectual property rights, outstanding main businesses and strong core competitiveness. Give full play to the role of small and medium-sized enterprises, promote the division of labor and cooperation between small and medium-sized enterprises and large enterprises, improve the level of production specialization, and promote the technological progress and industrial upgrading of small and medium-sized enterprises. Give full play to 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 environment protection, improve public services, develop characteristic industries in combination with local resource advantages, and enhance self-development ability. Northeast China should accelerate the adjustment of industrial structure and the reform, reorganization and transformation 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 do a good job in 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 the ability of independent innovation, speed up structural optimization and upgrading and the transformation of growth mode, improve the level of export-oriented economy, and enhance international competitiveness and sustainable development capacity. Starting from the overall strategic layout of regional development, according to the carrying capacity and development potential of resources and environment, we will implement different regional industrial layouts such as optimized development, key development, restricted development and prohibited development.

Eleventh the implementation of the win-win strategy of opening up, improve the level of opening up, and promote the upgrading of domestic industrial structure. Accelerate the transformation of foreign trade growth mode, expand the export of goods with independent intellectual property rights and brands, control the export of products with high energy consumption and high pollution, and encourage the import of advanced technology and equipment and scarce domestic resources. Support qualified enterprises to "go global", develop and grow in the international market competition, and promote the development of domestic industries. Improve the level of processing trade industry and enhance domestic supporting capacity. Vigorously develop service trade, continue to open the service market, and undertake the transfer of international modern service industry in an orderly manner. Improve the quality and level of foreign capital utilization, pay attention to the introduction of advanced technology, management experience and high-quality talents, and pay attention to the digestion, absorption and innovation of imported technology. Areas and development zones with strong ability to attract foreign investment should focus on improving the manufacturing level and actively expand into R&D, modern logistics and other fields.

Chapter III Guidance Catalogue for Industrial Structure Adjustment

Article 12 The guiding catalogue of industrial structure adjustment is an important basis for guiding investment direction, government managing investment projects, and formulating and implementing policies on finance, taxation, credit, land, import and export.

The Guiding Catalogue of Industrial Structure Adjustment was formulated by the Development and Reform Commission in conjunction with relevant departments of the State Council in accordance with relevant national laws and regulations, and was promulgated after approval by the State Council. According to the actual situation, when it is necessary to partially adjust the industrial structure adjustment guidance catalogue, the Development and Reform Commission shall, in conjunction with the relevant departments of the State Council, timely revise and publish it.

The Guiding Catalogue of Industrial Structure Adjustment is applicable to all kinds of enterprises in China in principle. Among them, foreign investment shall be implemented in accordance with the Catalogue for the Guidance of Foreign Investment Industries. The guidance catalogue of industrial structure adjustment is one of the main bases for revising the guidance catalogue of foreign-invested industries. The elimination category in the Guiding Catalogue of Industrial Structure Adjustment is applicable to foreign-invested enterprises. Policy convergence in the implementation of the Industrial Structure Adjustment Guidance Catalogue and the Foreign Investment Industry Guidance Catalogue shall be studied and negotiated by the Development and Reform Commission and the Ministry of Commerce.

Thirteenth industrial structure adjustment guidance catalogue is divided into encouragement category, restriction category and elimination category. It is not encouraged, restricted or eliminated, and it is allowed if it conforms to relevant national laws, regulations and policies. The permitted classes are not listed in the Catalogue of Industrial Structure Adjustment Guidance. Exam EIA Engineer Website-a good website worthy of your collection!

Article 14 Encouragement mainly refers to key technologies, equipment and products that have an important role in promoting economic and social development, saving resources, protecting the environment and optimizing and upgrading the industrial structure, and need to be encouraged and supported by policy measures. Determine the catalogue of encouraged industries according to the following principles:

(a) domestic basic research and development of technology and industrialization are conducive to technological innovation and the formation of new economic growth points;

(two) there is a large market demand at present and in the future, and the development prospect is broad, which is conducive to improving the supply capacity of scarce commodities and opening up domestic and foreign markets;

(three) high technology content, which is conducive to promoting industrial technological progress and improving industrial competitiveness;

(four) in line with the requirements of sustainable development strategy, is conducive to safe production, is conducive to resource conservation and comprehensive utilization, is conducive to the development and utilization of new and renewable energy, improve energy utilization efficiency, is conducive to protecting and improving the ecological environment;

(5) It is conducive to giving play to China's comparative advantages, especially the advantages of energy, mineral resources and labor resources in old industrial bases such as the central and western regions and the northeast region;

(six) is conducive to expanding employment, increase employment;

(seven) other circumstances stipulated by laws and administrative regulations.

Fifteenth restricted categories are mainly backward technologies, which do not meet the industry access conditions and relevant regulations, and are not conducive to the optimization and upgrading of industrial structure. It is necessary to urge the transformation and ban the newly built production capacity, technology, equipment and products. Determine the catalogue of restricted industries according to the following principles:

(a) does not meet the requirements of industry access, backward technology, industrial structure has not improved;

(two) is not conducive to safe production;

(three) is not conducive to resource and energy conservation;

(four) is not conducive to environmental protection and the restoration of the ecosystem;

(5) Low-level redundant construction is more serious, and the production capacity is obviously surplus;

(6) Other circumstances stipulated by laws and administrative regulations.

Article 16 The category of elimination mainly refers to backward processes, equipment and products that do not conform to relevant laws and regulations, seriously waste resources, pollute the environment, do not have safe production conditions and need to be eliminated. According to the following principles, determine the guidance catalogue for eliminating industries:

Endanger production and personal safety, do not have the conditions for safe production;

(2) Seriously polluting the environment or seriously damaging the ecological environment;

(three) the product quality is lower than the minimum standards stipulated by the state or industry;

(four) a serious waste of resources and energy;

(5) Other circumstances stipulated by laws and administrative regulations.

Seventeenth to encourage investment projects, in accordance with the provisions of the state on investment management, approval or filing; Financial institutions should provide credit support according to the principle of credit; Self-use equipment imported within the total investment shall continue to be exempted from customs duties and import value-added tax, except for the goods listed in the Catalogue of Imported Goods for Domestic Investment Projects Not Exempted from Tax (revised in 2000) issued by the Ministry of Finance. After the new regulations such as Catalogue of Investment Projects Not Exempted from Tax were promulgated by the state, they shall be implemented according to the new regulations. Other preferential policies for encouraged industrial projects shall be implemented in accordance with relevant state regulations.

Article 18. It is forbidden to invest in new projects that are restricted. Investment management departments shall not approve, approve or put on record, financial institutions shall not issue loans, and departments of land management, urban planning and construction, environmental protection, quality inspection, fire protection, customs, industry and commerce shall not handle relevant procedures. Anyone who violates the provisions of investment and financing construction shall be investigated for the responsibility of relevant units and personnel.

For the existing production capacity that belongs to the restricted category, enterprises are allowed to take measures to transform and upgrade within a certain period of time, and financial institutions continue to give support according to the credit principle. The relevant state departments should follow the principle of survival of the fittest and implement classified guidance according to the requirements of industrial structure optimization and upgrading.

Article 19 It is forbidden to invest in obsolete projects. All financial institutions should stop all forms of credit support and take measures to recover the loans that have been issued; All regions, departments and relevant enterprises should take effective measures to eliminate them within a time limit. During the elimination period, the national price department can raise the power supply price. It is forbidden to import, transfer, produce, sell, use or adopt production technologies, equipment and products that have been explicitly eliminated by the state.

Local people's governments at all levels and relevant departments should order enterprises that fail to eliminate production processes, equipment and products on schedule to stop production or close down according to relevant national laws and regulations, and take appropriate measures to resettle enterprise personnel to ensure the safety of credit assets of financial institutions; Where the products are subject to production license management, the relevant departments shall revoke the production license according to law; The administrative department for industry and commerce shall urge it to handle the change registration or cancellation registration according to law; The competent administrative department of environmental protection shall revoke its pollutant discharge permit; Power supply enterprises shall stop power supply according to law. In violation of the provisions, the person directly responsible and the relevant leaders shall be investigated for responsibility according to law.

Chapter IV Supplementary Provisions

Twentieth the provisions shall come into force as of the date of promulgation. The Catalogue of Industries, Products and Technologies Encouraged by the State at Present (revised in 2000) issued by the former State Planning Commission and the State Economic and Trade Commission, the Catalogue of Eliminating Backward Production Capacity, Processes and Products (the first batch, the second batch and the third batch) issued by the former State Economic and Trade Commission, and the Catalogue of Preventing Repeated Construction in Industrial and Commercial Investment (the first batch) shall be abolished at the same time.