Ministry of Industry and Information Technology issued a capacity replacement method for industries with severe overcapacity

Notice of the Ministry of Industry and Information Technology on Printing and Distributing the Implementation Measures for Capacity Replacement in Some Industries with Serious Capacity Surplus

Ministry of Industry and Information Technology [2015] No. 127

The competent departments of industry and informationization of provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps:

In order to implement the "Guiding Opinions of the State Council on Resolving the Serious Overcapacity of Production Capacity" (Guo Fa [2013] No. 41) and the "Notice of the State Council on Printing and Disclosing the Air Pollution Prevention Action Plan" (Guo Fa [2013] No. 37), continue to do well The production capacity is equal or reduced, and it is strictly forbidden to add new capacity to the steel, cement, electrolytic aluminum, flat glass (0, -938.00, -100.00%) industries. We will now issue you the "Measures for the replacement of production capacity in some industries with severe excess capacity". Please follow the instructions.

Implementation method for capacity replacement in some industries with severe overcapacity

Chapter I General Provisions

The first is to curb the blind expansion of the industries with severe overcapacity, prohibit new capacity, resolve the overcapacity contradictions, guide the orderly transfer of industries and optimize the layout, and promote the restructuring of the industry and the transformation and upgrading, in accordance with the State Council's guidance on resolving the contradictions of severe excess capacity. The Opinions (Guo Fa [2013] No. 41) and the "Notice of the State Council on Printing and Dispatching the Air Pollution Prevention Action Plan" (Guo Fa [2013] No. 37) require the formulation of these Measures.

The second project construction of industries with severe overcapacity requires the formulation of capacity replacement schemes, implementation of equal or reduced replacement, and implementation of reductions in environmentally sensitive areas such as Beijing-Tianjin-Hebei, Yangtze River Delta and Pearl River Delta.

Article 3 Some of the industries with severe overcapacity applicable to these Measures are: steel (steel making, iron making), electrolytic aluminum, cement (clinker), flat glass industry.

The construction projects with severe overcapacity referred to in these Measures, including new construction, reconstruction, expansion, and projects under construction that have not been approved by the state and are necessary to continue construction in accordance with the requirements of Guofa [2013] No. 41 (hereinafter collectively referred to as “construction” project"). The cement grinding station construction project may not formulate a capacity reduction or reduction replacement scheme, and optimize the layout according to the structural adjustment plan of the cement industry in the region.

The equal capacity replacement referred to in these Measures refers to the backward or surplus production capacity of the construction project that should be equal to the capacity of the project; the reduction replacement means that the construction project should eliminate the backward or excess capacity that is greater than the capacity of the project.

The environmentally sensitive areas such as Beijing-Tianjin-Hebei, Yangtze River Delta, and Pearl River Delta referred to in these Measures refer to Beijing, Tianjin, Hebei, Shanghai, Jiangsu, Zhejiang, and Guangdong, Guangzhou, Shenzhen, Zhuhai, and Foshan. 9 cities including Jiangmen, Dongguan, Zhongshan, Huizhou and Zhaoqing, as well as other environmentally sensitive areas.

Chapter II Determination of Replacement Capacity

Article 4 The capacity replacement index for new (reformed and expanded) projects shall be included in the announcement of the announcement of the Ministry of Industry and Information Technology or the announcement of the completion of the tasks of the provincial people's government in 2013 and later (hereinafter collectively referred to as “inclusion in the announcement”) (Excluding steel production capacity that is included in the detailed reduction range). The backward production capacity that has exceeded the national deadline for elimination shall not be used for capacity replacement.

The JT kiln, which has been approved by the provincial industrial authorities and has been technically modified by JT kiln and certified by provincial industry associations, can be used for capacity replacement of new cement (cracking and expansion) projects.

The capacity replacement index for projects under construction that has not been approved by the state shall be the production capacity of enterprises listed in the announcement in 2011 and beyond.

The number of eliminated production capacity announced by the Ministry of Industry and Information Technology since 2011 has been approved in accordance with the announcement of the Ministry of Industry and Information Technology; the number of eliminated production capacity not included in the announcement of the Ministry of Industry and Information Technology but included in the provincial people's government to complete the task announcement, in accordance with The provincial people's government completed the task announcement and approval.

The quantity of production capacity of the construction project and the quantity of production capacity to be phased out after 2015 shall be verified in accordance with the conversion table (see Appendix 1). Capacity indicators for replacement should not be reused.

Article 5 The quantity of capacity that needs to be replaced and replaced in environmentally sensitive areas such as Beijing-Tianjin-Hebei, Yangtze River Delta and Pearl River Delta shall be verified at not less than 1.25 times of the capacity of the construction project, and other regions shall implement equal replacement.

Chapter III Capacity Replacement Indicator Trading

Article 6 supports cross-regional capacity replacement, guides domestic effective production capacity to concentrate on advantageous enterprises and regions with comparative advantages, and promotes the formation of regional economic and industrial development patterns with reasonable division of labor, complementary advantages, and distinctive characteristics. Encourage all localities to actively explore the implementation of government-led, voluntary, and market-oriented capacity replacement index transactions.

Article 7 The transaction of capacity replacement indicators shall be organized and coordinated by the competent departments of industry and informationization of the provinces (autonomous regions and municipalities) to formulate specific transaction implementation measures and report to the provincial people's government for approval.

Article 8 The Ministry of Industry and Information Technology shall establish a national supply and demand information platform for capacity replacement indicators to provide information services for capacity replacement. At the same time, explore the establishment of a national capacity replacement indicator trading platform.

Article 9 The capacity replacement index used for inter-provincial transactions shall be reported to the provincial-level industrial and informatization authorities for reporting to the provincial people's government for confirmation and announcement. The provincial industrial and informatization authorities will send the production and demand information of the production capacity indicators to the Ministry of Industry and Information Technology in the national capacity replacement indicator supply and demand information platform (http://cyzy.miit.gov. Cn) released.

Chapter IV Replacement Scheme Contents and Confirmation

Article 10 The capacity replacement plan mainly includes the basic situation of the phase-out project and the construction project, and the following contents must be clarified:

(1) The industry and region, enterprise name, organization code, main equipment (production line), approved production capacity and demolition time, and related materials (business and industry business license, tax registration certificate, production license, etc.) ).

(2) The industry and region to which the construction project belongs, the name of the enterprise, the proposed main equipment and production capacity.

(3) Through the capacity replacement index obtained through cross-provincial (regional and municipal) transactions, it is necessary to provide the indicator of the provincial-level people's government to confirm the opinions, and the confirmation of the completion of the transaction by the provincial and industrial authorities of both the supply and demand sides.

Article 11 The construction project enterprises shall, in accordance with the relevant provisions of these Measures, formulate a capacity replacement plan and submit it to the provincial industrial and information administration department according to the relevant requirements of each province (autonomous region or city).

Article 12 All provincial-level industrial and information administration departments shall verify the capacity replacement plan in accordance with the relevant provisions of these Measures, ensure that the phase-out projects are true, the production capacity is reasonable, and the replacement production capacity elimination period is clearly defined.

Article 13 The provincial industrial and information administration departments shall announce the capacity replacement plan and verification opinions (see Appendix 3) to the public after confirmation by the provincial people's government (see Appendix 4).

Chapter V Supervision and Implementation of Replacement Program

Article 14 The Ministry of Industry and Information Technology organizes random inspections of replacement plans confirmed by various provinces (autonomous regions and municipalities). At the same time, actively play the role of industry associations and other social supervision.

Article 15: The provincial-level industrial and informatization authorities shall follow the Notice on the Implementation of the Implementation Plan for the Examination and Approval of the Elimination of Outdated Production Capacity in accordance with the Capacity Replacement Plan announced by the provincial people's government to the public (Ministry of Industry and Trade (2011) No. 46 It is required to include all the phase-out projects for replacement in the annual elimination of backward and excess capacity tasks, and organize the elimination according to requirements, so that they cannot resume production.

Article 16 The Ministry of Industry and Information Technology organizes the members of the Inter-Ministerial Coordination Group for the Elimination of Backward Capacity, and supervises and inspects the elimination of backward and excess capacity in various places, and publicly checks the results.

Chapter VI Supplementary Provisions

Article 17 These Measures shall apply to all types of enterprises that are legally registered within the territory of the People's Republic of China.

Article 18 These Measures shall be implemented as of the date of promulgation and shall be valid until December 31, 2017, and shall be revised in a timely manner in accordance with the development of the industry.

Article 19 Where the requirements for the relevant documents for capacity replacement issued by the Ministry of Industry and Information Technology are inconsistent with these Measures, they shall be implemented in accordance with these Measures.

Article 20 These Measures shall be interpreted by the Ministry of Industry and Information Technology.

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