Administrative Measures On Foreign-Funded Projects Approved And Recorded

Original Language Title: 外商投资项目核准和备案管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398605.shtml

Administrative measures on foreign-funded projects approved and recorded

    (May 17, 2014, national development and Reform Commission released 12th June 17, 2014) Chapter I General provisions

    First to further deepen the reform of the administration of foreign investment, according to the People's Republic of China Law on administrative licensing, guiding foreign investment orientation regulation, decisions of the State Council on the reform of investment system and the list of Government-approved investment projects (2013) (hereinafter referred to as the catalog of approved), these measures are formulated.

    Second approach applies to Sino-foreign joint ventures, Sino-foreign cooperation, foreign-owned and foreign-invested partnership, foreign mergers and acquisitions of domestic enterprises and foreign-funded enterprises increased capital and investment projects and other types of foreign investment projects.

    Chapter project management

    Article approved by the administration of foreign investment projects into and record in two ways.

Article fourth, based on the catalog of approved, of the implementation of the approved foreign investment projects in the range of:

(A) of China in the catalogue for the guidance of foreign investment industries holdings (Holdings) requires a total investment (including capital) of more than US $ 300 million and to encourage such projects, with a total investment (including capital) of more than US $ 50 million and restricted category (excluding real estate) project, approved by the national development and Reform Commission. (B) the catalogue of industries for guiding foreign investment restrictions in the real estate projects and a total investment (including capital) other restrictions under US $ 50 million project approved by the provincial government.

The catalogue for the guidance of foreign investment industries China Holdings (Holdings) requires a total investment (including capital) 300 million dollars to encourage such projects, approved by the local government.

(C) the first two provisions are listed first to 11th in the list of approved foreign investment projects, in accordance with the provisions of the approved list of first to 11th for approval. (D) projects approved by local governments, provincial governments can divide the approval of local governments according to local conditions and specific permission.

The project approved by the provincial government, approval authority may not be delegated.

    Project approval authorities mentioned in these measures refers to the provisions of this article Executive with project approval authority.

    Fifth article this article fourth foreign-invested projects outside the scope of investment by local government departments.

    Article sixth replenishment of the enterprises with foreign investment projects with a total investment calculated in new investments, projects with a total investment volume of calculations.

    Article seventh foreign investment involving national security, security review should be carried out in accordance with the relevant provisions of the State.

    Chapter project approval Eighth article applies for approval of foreign investment projects shall be prepared according to the relevant requirements of the State project application report.

Project application report should include the following:

(A) projects and investments;

(B) resource use and environmental impact analysis;

(C) the economic and social impact analysis.

    Mergers and acquisitions of domestic enterprises by foreign investors project application report should include mergers and acquisitions, merger and acquisition arrangements, financing options and after being acquirers, merger and acquisition business, scope and structure, use income arrangements.

Nineth national development and Reform Commission, according to actual needs, prepare and dispense the project application report general texts, the main industry of the project application report model, project approval documents, rich text.

    That should be by the national development and Reform Commission approved or approved by the State Council after the audit project, formulated by the national development and Reform Commission and the promulgation of the service guide, needed to identify the project approval documents and annexes, accepted methods, procedures, processing time, and more, providing guidance and services for project application unit.

Tenth project application report shall be attached to the following file:

(A) the foreign investment enterprise registration certificate of materials and the latest audited financial statements (including balance sheet, income statement and cash flow statement), issued by a depositary bank financial credit certificate;

(B) letter of intent for investment, capital, merger and acquisition projects of resolutions of the Board of the company;

(C) selection report issued by the competent administrative Department of town and country planning (refers only to provide State-owned land use right of the projects);

(D) land resources issued by the administrative departments of land pre-trial comments (do not involve new land, approved construction land expansion within the scope of the project, you can use pre);

(E) the environmental protection of environmental impact assessment approval document issued by the competent administrative department;

(F) energy saving examination certificate issued by the review;

(VII) to state-owned assets, the confirmation document to be issued by the competent authorities;

    (H) in accordance with the relevant laws and regulations should be submitted to the other file.

    11th according to the approval authority belonged to the State development and Reform Commission approved the project by the project upon preliminary review opinions, the provincial development and reform, project application report submitted to the national development and Reform Commission plan separate business groups and centrally managed enterprises could apply directly to the national development and Reform Commission to submit project application report and provincial development and reform on the attached items.

    12th application materials are incomplete or do not comply with the requirements of the project, project approval authority shall, within 5 working days after receiving the application materials again inform the project applicant supplemented. 13th for projects related to the relevant competent authority functions and project approval authority shall request the relevant competent authority in 7 working days to issue a written review.

    Feedback on the trade authorities if there is no written examination, agrees.

Article 14th project approval authorities in receiving project applications within 4 working days from the date of the report, focus on needs assessment demonstration delegate qualified advisory bodies to evaluate arguments, entrusted to the advisory body should be submitted within the time stated in the evaluation report. May have a significant impact on the public interest of the project, project approval at the time of approval should take appropriate means to solicit public opinion.

    For a particular project, you can implement a peer system. 15th handling project approvals project approvals within 20 working days from the date of the application, complete the approval of the project application report.

Can't make a decision on approval within 20 working days, approved by the head of this extension of 10 working days, and will be informed of the reasons for such further period the applicant.

    Approved by the provisions of the preceding paragraph the term commissioned the advice needed for peer assessment and time are not counted.

Article 16th foreign-funded projects approved on condition that:

(A) comply with relevant laws and regulations and the catalogue for the guidance of foreign investment industries and the provisions of the list of priority industries for foreign investment in the Midwest;

(B) consistent with the development plans, policies and standards;

(C) rational development and effective use of resources;

(D) does not affect national security and ecological security;

(E) significant adverse effect on the public interest;

    (F) to comply with relevant provisions of State capital project management, external debt management.

    17th to be approved by the project approval certificate issued by the written approval of the project file, and copied to peer management, urban planning, land resources, environmental protection, energy conservation, reviews and other related sectors; for items that are not approved, reasons shall be in writing and inform the project the applicant apply for administrative reconsideration or bring an administrative suit right.

    Chapter fourth project record

    18th wish to apply for registration of foreign-invested projects by the project applicant to submit projects and investor information, and foreign investment enterprise registration materials, term sheets and replenishment, merger and acquisition projects of resolutions of the Board of the company, and other related materials;

    19th record foreign investment projects need to comply with the relevant national laws and regulations, development planning, industrial policies and standards, in accordance with the catalogue for the guidance of foreign investment industries and the catalogue of priority industries for foreign investment in the Midwest.

    Article 20th not record foreign investment projects, local authorities shall within 7 working days to issue a written opinion with reasons.

    The fifth chapter changes

21st items upon approval or for the record as a result of any of the following circumstances, need to apply to the approval authority for changes:

(A) the locations of the project change;

(B) the investment or ownership change;

(C) the construction of the project change;

    (D) the provisions of relevant laws and regulations and industrial policies need to change anything else.

    22nd change approval and filing methods of procedure, mutatis mutandis, the relevant provisions of the aforesaid.

    Article 23rd approved management belongs to the record after the change of scope of the project should be filing procedures; the record within the permitted scope of management of the project was changed, shall be in accordance with approved procedures.

    Supervision and administration of the sixth chapter 24th approval or for the record document should provide for the validity of the document. Within the validity period has not started construction of the project the applicant shall, before the expiry of 30 days to the approval and filing authority submitted the extension application.

    Within the validity period has not started and is not an extension application, expire automatically after the expiration of the original approval document.

    25th for items that are not on the required competence and the procedure for approval or for the record, the relevant Department shall go through the relevant formalities, a financial institution shall not provide credit support.

    26th levels of project approval and filing approved by the authority in order to perform and record-keeping functions, improved supervision, management and services, improve administrative efficiency and project approval and for the record in accordance with the relevant provisions of the information disclosure.

    27th article levels development reform sector should with sibling industry management, and urban and rural planning, and land resources, and environmental protection, and financial regulatory, and safety regulatory, sector, on project declared units implementation project situation and foreign investment project approved or record situation for JI justice and supervision check, speed up perfect information system, established development planning, and industry policy, and access standard, and integrity records, information of horizontal Exchange system, timely informed illegal violations behavior of investigation situation, achieved administrative approval and market regulatory of information shared.
28th State development and Reform Commission, according to the local development and reform Department establish and improve the administration of foreign investment projects of electronic information systems, realizing foreign-funded projects query, monitor, enhance the level of supervision.

    29th provincial development and reform Department collect before the 10th day of each month in the province last month project approval and filing the relevant circumstances, including project name, approval and filing number, local and foreign investors, building content and sources of funding (including total investment, capital, etc), and submitted to the State development and Reform Commission.

    The seventh chapter legal liability

    Article 30th project approval and filing of organs and their staff in violation of the relevant provisions of this approach by its higher administrative authorities or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions.

    31st article project approval and filing authority staff, abuse of power for personal gain in the process of project approval and for the record, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.

    Article 32nd Advisory evaluation organizations and their personnel, experts participating in the peer, in the preparation of the project application report, commissioned by the project approval authorities to carry out evaluation or by participating in expert review processes, failure to comply with provisions of national laws and regulations and these rules, shall be investigated for criminal responsibility. Article 33rd project the applicant to split items or provide false materials or other improper means to apply for approval or for the record, project approval and filing authority not to accept or to refuse to approve and record. Project approval has been made, or documents, project approval and registration organ shall revoke the approval or for the record file projects. Has started construction, law ordered to stop construction.

    The project approval and for the record and relevant departments should be included in the bad credit record and shall be investigated for legal liability of those responsible.

    The eighth chapter by-laws

    Article 34th project approval functions of State administration and relevant departments of the provincial government in accordance with the relevant State laws and regulations and these regulations, development of foreign-invested projects approved specific measures for implementation and the corresponding services of the Guide.

35th Hong Kong S.A.R., and Macau S.A.R. and Taiwan investors in the Mainland in the area of investment projects, in accordance with the measures implemented.

    Investment projects in Yuan by overseas investors, according to the implementation of these measures.

    Article 36th laws, administrative regulations and the State have special provisions for the administration of foreign investment projects, in accordance with the relevant provisions.

    37th article of the approach by the national development and Reform Commission is responsible for the interpretation. 38th article of the rules take effect on June 17, 2014. The national development and Reform Commission released on October 9, 2004, the interim regulations for the approval of foreign-invested projects (22nd, the national development and Reform Commission) abolished at the same time.