Approval Of Overseas Investment Projects Tentative Administrative Measures

Original Language Title: 境外投资项目核准暂行管理办法

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(October 9, 2004 the national development and Reform Commission released 21st since the publication of the date of promulgation) Chapter I General provisions article in accordance with the People's Republic of China on administrative licensing law and the decision of the State Council on the reform of investment system, to regulate the approval of overseas investment projects management, these measures are formulated.
    Second approach applies to People's Republic of China territory of all kinds of legal entities (hereinafter the "investor"), and its holding company or by outside bodies, overseas investments (including new construction, acquisitions, equity participation, increasing capital, reinvestment) project approval.
    Investors in Hong Kong S.A.R., and Macau S.A.R. and Taiwan investment projects approved, these measures shall apply.
    Third overseas investment projects in these measures refers to the investment by putting the currency, securities, real property, intellectual property or technology, equity, debt and other assets and rights or guarantees from foreign ownership, management, and other relevant activities of interest.
    Fourth State Chapter approved authorities and permissions for foreign investment in resource development and large foreign exchange approved by the project management. Foreign investment in exploration and exploitation of the resource development projects in the oil, mining and other resource projects.
    China invested 30 million US dollars or more of such projects, approved by the national development and Reform Commission, China's investment of more than US $ 200 million and, after examination by the national development and Reform Commission reported to the State Council for approval.
    Large meeting outside a class project in the areas set out in the preceding paragraph Chinese investment in foreign exchange used $ 10 million or more overseas investment projects, such projects approved by the national development and Reform Commission, and China's investment in foreign exchange of more than US $ 50 million and, after examination by the national development and Reform Commission reported to the State Council for approval. Fifth China investment of 30 million US dollars to the following resource development and Chinese investment in foreign exchange used other items below $ 10 million, from various provinces, autonomous regions, municipalities and separately listed cities and Xinjiang production and construction Corps approved by the provincial development and reform, approval authority for projects not to be delegated.
    Projects approved for the timely information, provincial development and reform Department within 20 working days from the date of approval, project approval documents reported to the national development and Reform Commission.
    Local government in accordance with the relevant regulations provide otherwise on the approval of items listed in the preceding paragraph, from its provisions. Article sixth centrally administered enterprises to invest in China's resource development investment of 30 million US dollars of overseas investment projects and Chinese investment in foreign exchange quota of up to 10 million dollars of overseas investment projects, by its own decision and in decision documents submitted to the national development and Reform Commission for the record.
    The national development and Reform Commission on the date of receipt of the record within 7 working days from proof of filing.
    Seventh to Taiwan investment projects to countries with no diplomatic ties and investment projects, regardless of their limits, by the national development and Reform Commission approved or approved by the State Council after examination by the national development and Reform Commission. Chapter approval procedure article eighth approval authority belonged to the State development and Reform Commission or State-approved projects, investment subject to the registered seat of the project application report to the provincial development and reform Department, after approval by the provincial development and reform Department submitted to the national development and Reform Commission.
    Plan single row group and the central management may report directly to the national development and Reform Commission submitted applications for the project. Nineth clause approved by the national development and Reform Commission visiting the Hong Kong S.A.R., and Macau S.A.R., and Taiwan investment projects, and approved investment to countries with no diplomatic ties, sensitive areas of the project, should seek the views of relevant departments.
    Relevant departments within 7 working days from the date of receiving such materials, submit written observations to the national development and Reform Commission. Tenth national development and Reform Commission in accepting project applications within 5 working days from the date of the report, on the need for evaluation and justification of commissioning a qualified advice to assess the key issues.
    Entrusted to an advisory body within the time stated in the evaluation report to the national development and Reform Commission. 11th national development and Reform Commission in accepting project applications within 20 working days of the date of the report to complete the approval of the project application report, submitted to the State Council or an audit opinion.
    20 working days cannot make a decision or to submit comments, by the head of the national development and Reform Commission approved extension of 10 working days, and informed the applicant of the reasons for the extension.
    Approved under terms of the previous paragraph, does not include the advisory bodies to evaluate any of the time.
    12th project approved by the State development and Reform Commission to the applicant in writing of the project approval document; for items that are not approved, shall be informed in writing the project applicant, explain the reasons and inform the project applicants apply for administrative reconsideration or bring an administrative suit right. 13th overseas bid or acquisition projects, prior to bidding or external business activities, reporting to the national development and Reform Commission submitted written information. Receive written information report, the national development and Reform Commission issued within 7 working days from the date of the relevant correspondence.
    Information reported includes: (a) basic statistics on investment, (ii) investment background and (iii) investment locations, directions, expected investment and construction scale and (iv) working time schedule. 14th investor such as the need to invest the necessary amount of project costs related to use (with a performance bond, letter, and so on), should apply to the national development and Reform Commission for approval.
    The up-front costs take into account projects approved total investments.
    15th has approved projects such as one of the following conditions occurs, need to change application to the national development and Reform Commission: (a) the construction scale, changes in main construction contents and main products, (ii) project location change; (c) the investment or ownership changes; (iv) the Chinese side invested more than the original approved Chinese investment of 20% and above.
    Change approval procedure, mutatis mutandis, the provisions of this chapter.
    Fourth chapter project application report 16th article submitted national development reform Board project application report should including following content: (a) project name, and investment party basic situation; (ii) project background situation and the investment environment situation; (three) project construction scale, and main construction content, and products, and target market, and project benefits, and risk situation; (four) project total investment, and parties funded amount, and funded way, and financing programme and the with meeting amount; (five) purchased and or shares project, should description intends purchased and or shares company of specific situation. 17th article submitted national development reform Board project application report should attached following file: (a) company Board resolution or related of funded resolution; (ii) proved China and the cooperation foreign assets, and business and funding letter situation of file; (three) Bank issued of financing letter of intent; (four) to securities, and real, and intellectual property or technology, and equity, and claims, assets interests funded of, by assets interests of assessment value or fair value approved funded amount.
    Should submitted has corresponding qualification of accountants, and assets assessment institutions, intermediary institutions issued of assets assessment report, or other can proved about assets interests value of third party file; (five) bid, and purchased and or joint venture cooperation project, foreign party signed of letter of intent or framework agreement, file; (six) outside bid or acquisition project, should by this approach 13th article provides submitted information report, and attached national development reform Board issued of about confirmed communications.
    Fifth chapter approved conditions and the effectiveness 18th article national development reform Board approved project of conditions for: (a) meet national legal regulations and industry policy, not against national sovereignty, and security and public interests, not violation international law guidelines; (ii) meet economic and social sustainable development requirements, conducive to development economy development by needed strategic resources; meet national on industry structure adjustment of requirements, promote domestic has compared advantage of technology, and products, and equipment export and labor output, absorption abroad advanced technology;
    (C) in line with the national capital project management and external debt management (iv) investment with the corresponding investment. Article 19th Investor approval documents by the State development and Reform Commission, according to foreign exchange, customs, immigration and tax formalities.
    Centrally administered enterprises stipulated in this article sixth record issued by the national development and Reform Commission showed that for the above procedures.
    Article 20th investment overseas investment projects signed before any final legally binding documents shall obtain project approval document issued by the national development and Reform Commission, or record to prove it. 21st the approval document issued by the State development and Reform Commission should provide for the validity of the approval documents.
    Within the validity period, approved document is investors go through the relevant procedures set out in article 19th of this approach based on the effective date, subject of investment when the above procedures, should produce a certificate issued by the national development and Reform Commission approve the extension file.
    22nd without the right bodies for approval or for the record foreign investment projects, foreign exchange control, customs, taxation and other related formalities shall not be.
    Article 23rd investor by providing falsified materials, or other improper means, proof of acquisition of the project approval document or record, national development and Reform Commission can revoke the project approval document or record to prove it.
    24th national development and Reform Commission can perform projects on investment and overseas investment projects approved by the provincial development and reform Department conduct supervision and inspection, and to verify the problem dealt with according to law.
    Sixth chapter supplementary articles article 25th of the provincial development and reform Department according to the regulations, approved by the appropriate management approach.
    Article 26th natural and approval of overseas investment projects undertaken by other organizations, in accordance with the measures implemented.
    27th article this way is responsible for the interpretation by the national development and Reform Commission. 28th article this way since October 9, 2004.
                                Provisions relating to the approval of overseas investment projects, where inconsistent with these measures, in accordance with these measures.

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