Implementation Rules for Capacity Replacement in Henan Electrolytic Aluminum Industry (for Trial Implementation)

In order to implement the spirit of the 19th National Congress of the Communist Party of China on deepening supply-side structural reforms, implement the "Guiding Opinions of the General Office of the State Council on Creating a Good Market Environment and Promoting the Non-ferrous Metals Industry to Adjust the Structure and Promote Transformation and Increase Benefits" (Guobanfa [2016] No.

Article 1 All construction projects involving the production of molten aluminum and aluminum ingots in the electrolytic process shall obtain electrolytic aluminum capacity replacement indicators through mergers and reorganizations, internal capacity transfers and capacity indicator transactions within the same actual controller enterprise group, and formulate capacity replacement plans and implement them Replacement of equal or reduced production capacity

Article 2 The indicators that can be used for capacity replacement must be compliant project capacity that meets the national industrial policies and investment project approval management requirements.

Article 3 Where an electrolytic aluminum enterprise implements capacity replacement through mergers and reorganizations and the transfer of internal capacity within an enterprise group with the same actual controller, it must follow the "Opinions of the State Council on Promoting Enterprise Mergers and Reorganizations" (Guo Fa [2010] No.

Article 4 Where an electrolytic aluminum enterprise implements capacity replacement through capacity index transactions, the capacity withdrawing enterprise as the main body of responsibility must ensure that there is no asset and debt disputes, the placement of employees, the accuracy of the capacity withdrawal index, and the non-reuse of the capacity.

Article 5 The electrolytic aluminum construction project enterprise shall formulate a capacity replacement plan in accordance with the requirements of these detailed rules, and submit an application to the local municipal industry and informatization authority to implement capacity replacement through capacity index transactions, which must be accompanied by a capacity transfer announcement

Article 6 The electrolytic aluminum production capacity replacement index obtained by an enterprise shall be used in priority for the company’s existing uncompleted capacity replacement construction projects.

Article 7 In the production capacity replacement of electrolytic aluminum construction projects, if the following situations exist, they are regarded as illegal projects, and all localities shall deal with them in accordance with laws and regulations:

(1) Failure to implement equal or reduced production capacity replacement;

(2) Recorded and rebuilt before the announcement of the production capacity replacement plan;

(3) Before the production or resumption of production, the corresponding withdrawal of production capacity has not fulfilled the relevant elimination requirements and has the conditions for restarting;

(4) Withdrawal of production capacity is reused;

(5) Falsifications that do not meet the requirements of the production capacity replacement policy;

(6) Other violations of laws and regulations

Article 8: The municipal industry and informatization department where the construction project is located is responsible for the preliminary review and supervision of the implementation of the capacity replacement plan; the municipal industry and information department in the area where the production capacity is withdrawn is responsible for supervising the removal of the production capacity on time

Article 9 The Provincial Department of Industry and Information Technology guides local organizations to carry out production capacity replacement work, and promotes industry associations, media and other social supervision forces to play an active role

Article 10 These rules shall come into force on the date of promulgation, and shall be implemented in accordance with national policies and industrial development

The development situation will be revised in due course

Article 11 The Department of Industry and Information Technology of Henan Province is responsible for interpreting these rules