(a) the overview of the two is different:

1. Overview of project filing: The full name of project filing system is enterprise investment project filing system, which is a management system suitable for enterprises to invest in general projects and one of the preconditions for investment projects.

2. Overview of project establishment: refers to the establishment and implementation of the project. In particular, large and medium-sized entrepreneurial projects or administrative fees should be incorporated into government, social and economic development plans. A project is put forward by the decision maker of the project implementation agency, approved by the government development and reform commission, and incorporated into the project implementation agency or government plan, which is called the process of project establishment by the development and reform commission.

(two) the relevant provisions of the two are different:

1. Relevant regulations on project filing: When filing and reporting a project, the filing and reporting unit shall provide relevant materials in accordance with the provisions of relevant laws, regulations and rules, truthfully provide written certification materials such as business license, basic information of project legal person and certificate of legal representative, and affix the official seal of the unit.

The filing organ shall verify the materials and application forms provided by the filing and reporting unit. If the material is not standardized or does not meet the relevant requirements, it shall promptly inform the information that needs to be corrected at one time. After the information is corrected and filled in, it will be formally accepted.

2. Relevant regulations on project establishment: When applying for project establishment, the project establishment documents shall be submitted to the relevant project examination and approval departments. The project report includes all kinds of materials such as words, drawings, pictures, tables and electronic data involved before the implementation of the project. Different projects, different approval departments and different approval procedures require different project approval documents.

(3) The conditions are different:

1, project filing conditions:

(1) Comply with relevant laws, regulations, rules and industrial policies, productivity distribution and industry access standards.

(2) Whether it conforms to the current macro-control policies.

(3) whether it meets the scope of the project that should be filed.

2. Project conditions:

(1) An application report prepared by a qualified consulting organization (including information of the project applicant, proposed project, construction land and related planning, resource utilization planning and energy consumption analysis, ecological environment impact analysis and economic and social effect analysis).

(2) site selection opinions issued by the city planning department.

(3) Business investment projects such as real estate development need to provide pre-trial opinions on project land and confirmation of land public auction issued by the Ministry of Land and Resources.

(4) Opinions on examination and approval of environmental impact assessment documents issued by environmental protection departments.

(5) Other documents that should be submitted according to relevant laws and regulations.

To sum up, it is necessary to judge whether the construction contract is related to resource allocation and infrastructure construction. If so, the record of NDRC will be invalid. In addition, the filing and project initiation of the National Development and Reform Commission are different, which is reflected in the differences in basic concepts, relevant regulations and project initiation conditions. Only by understanding the differences between them can the project be better implemented.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 112 A people's court, a people's procuratorate or a public security organ shall, within the scope of their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.