Notice of the Ministry of Commerce on Effectively Conducting the Follow-up Work on the Cancellation of the Confirmation and Approval of Encouraged Projects of Foreign-Funded Enterprises

S.Z.H [2015] No.160

The competent commerce departments of all provinces, autonomous regions, municipalities directly under the central government, municipalities with independent planning status and the Xinjiang Production and Construction Corps:

On July 22, 2014, the State Council issued the Decision of the State Council on Canceling or Adjusting a Group of Administrative Approval Items and Other Matters (G.F. [2014] No. 27), and canceled the matter on the “confirmation and approval of encouraged projects of foreign-funded enterprises.” To implement the relevant requirements of the State Council for simplifying administrative procedures and decentralizing powers, and continue to effectively implement the imported equipment tax policies included in the Notice of the State Council on Adjusting the Imported Equipment Tax Policies (G.F. [1997] No. 37), relevant work is hereby noticed as follows:

I. For encouraged foreign-funded projects, competent commerce departments will no more issue the Confirmation Letter on Domestic and Foreign Investment Projects Encouraged by the State (hereinafter referred to as the “Confirmation Letter”), or examine the list of imported duty-free equipment of foreign-funded enterprises (hereinafter referred to as the “enterprises”).

Since May 1, 2015, when handling the matters concerning the establishment (capital increase) of an enterprise according to relevant regulations and authority, for the foreign investment complying with the encouraged industry entry under Catalogue for the Guidance of Foreign Investment Industries and the entry under Catalogue of Priority Industries for Foreign Investment in Central and Western China, competent commerce departments shall specify in their reply to the establishment (capital increase) of the enterprise the information related to encouraged projects of foreign-funded enterprises (hereinafter referred to as “information of encouraged projects of foreign-funded enterprises”), including applicable industry policy entries, project nature, project content and total project investment. If the enterprise’s investment and management activities involve more than one encouraged industry policy entry, the above information shall be respectively specified according to relevant entries.

II. Competent commerce departments shall record the information specified in Article I of this text to overall management information system for foreign investment (hereinafter referred to as the “system”), before issuing an Approval Certificate for an Enterprise.

After recording the above information into the system, competent commerce departments at the sub-provincial level shall upload it and the information of the Approval Certificate for an Enterprise to the provincial competent commerce department through the system. The provincial competent commerce department shall make comparison and feed the comparison results back within three working days through the system. Sub-provincial commerce departments can issue the approval document and the Approval Certificate for an Enterprise after getting the result feedback.

III. For the establishment (capital increase) of an enterprise approved by the competent commerce department without the Confirmation Letter before July 22, 2014 and the establishment (capital increase) of an enterprise approved during the period from July 22, 2014 to April 30, 2015, Summary Sheet of Information of Encouraged Projects of Foreign-funded Enterprises (hereinafter referred to as the Summary Sheet, refer to attached list for its format) shall be filled for the encouraged industry entries complying with the Catalogue for the Guidance of Foreign Investment Industries and entries complying with the Catalogue of Priority Industries for Foreign Investment in Central and Western China.

Sub-provincial commerce departments shall report the Summary Sheet to their provincial commerce department for comparison and summarization before June 1, 2015 and the provincial commerce department shall send the Summary Sheet compared and summarized completely within its jurisdiction to relevant directly responsible customs office and make a copy for the Ministry of Commerce (Department of Foreign Investment Administration) before July 1, 2015.

IV. If any changes took place in the information of encouraged projects of foreign-funded enterprises specified in Article I of this notice, competent commerce departments shall immediately record the changed information into the system after getting the approval for change, and provincial commerce departments shall send the changed information of encouraged projects of foreign-funded enterprises to relevant directly responsible customs office after comparison.

V. Filing department shall undergo applicable filing procedures of the establishment (capital increase) of foreign-funded enterprises as prescribed above and shall indicate the information of encouraged projects of foreign-funded enterprises in the reference column of the issued filing certificate.

VI. This notice shall come into force on the date of its promulgation. For the problems in the process of implementation, provincial commerce departments shall strengthen communication and coordination with directly responsible customs office, or make a report to the Ministry of Commerce (Department of Foreign Investment Administration) and the General Administration of Customs (Department of Duty Collection), if necessary.

Attached list: Summary Sheet of Information of Encouraged Projects of Foreign-funded Enterprises (omitted)

Ministry of Commerce

April 13, 2015

(All information published in this website is authentic in Chinese. English is provided for reference only. )