What is the Industry Access Prohibition and Restriction Catalog of Hainan Province (2019 Revision)?
The Industry Access Prohibition and Restriction Catalog of Hainan Province (2019 Revision) (hereinafter referred to as the Catalog) implements the requirements that “the quality of the ecology and environment in Hainan should only be improved, not worsened” and that the transformation and upgrading of industry structure should be advanced, makes additions to the national market access negative list, and sets out more stringent requirements in terms of energy-intensive, pollution-intensive, and emission-intensive industries and low-end manufacturing industries.
The administrative measures in the Catalog are divided into two groups: prohibition and restriction. The prohibition group covers disallowed new fixed-asset investment projects and existing production capacity required to be removed with a time limit if specified; and the prohibition group includes six classifications, 18 sub-classifications, and 19 administrative measures.
The restriction group mainly covers regional restrictions, scale restrictions, and industry steps, process, and product restrictions, including two classifications, five sub-classifications, and five administrative measures (see attachment for details). For the new fixed assets investment projects to be added in the provincial administrative area, and the newly established or newly moved legal entities, industrial activity units and individual businesses, the Catalog shall be implemented and self-examination may be conducted as per the Catalog.
For foreign investment, after implementing the Special Administrative Measures (Negative List) for the Access of Foreign Investment (2019 Revision) and the Special Administrative Measures (Negative List) for the Access of Foreign Investment in Pilot Free Trade Zones (2019 Edition), it is also required to implement the Catalog.
The competent departments in charge of examination and approval of relevant projects in the province, cities (counties) and parks, and the competent departments in charge of registration of legal entities, industrial activity units and individual businesses shall first examine them in accordance with the Catalog when performing the procedures.
With the approval of the national or provincial government, the regions or industries that need to adopt or enjoy special policies shall implement the relevant policies. Before the issuance of the Catalog, the projects for which the relevant approval departments have accepted examination and approval or completed the examination and approval (the projects that have been accepted and approved by the relevant approval departments that fall within the scope of the prohibitions and restrictions of the Catalog) are not applicable to the Catalog.
The military fixed assets investment projects, transformation and upgrading projects approved by the state are not applicable to the Catalog.
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