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According to "authorize the registration of foreign investment enterprise management approach" and "further improve the registration of foreign-invested enterprises authorized management notice" requirements, for the protection of foreign-invested enterprises (FIEs registered), License Application and Registration Authority carry out this regulation in order to promote and improve the management level of the registration.
First, the acceptance of the inspection shall include:
(One) the scale of foreign investment within the jurisdiction area. That is the already established foreign-invested enterprises, foreign (region) enterprise branch offices and representative offices in the area engaged in production activities of foreign (regional) enterprises, foreign-invested enterprise branch households situation;
(Two) The management instituations and the staffs of the the foreign-invested enterprises. Including:
1, Name of Organization;
2,Approval responsibilities;
3, the formal establishment and staffing.
(Three) working conditions. Including computers, communications equipment, vehicles and foreign guests reception room, particularly access to e-mail, and whether connect to the "industrial and commercial administrative management business network" Unicom situation;
(Four) registration of foreign investment enterprise management system development and implementation. Including registration procedures, economic accounts management, public affairs, file management and query, statistics and other systems;
(Five) registration and management laws and regulations and industrial policies implementation. Mainly including the implementation of "Guiding Foreign Investment" and the "Foreign Investment Industrial Guidance Catalogue" and "on the strengthening of enterprises with foreign investment approval, registration, foreign exchange and tax management issues related to notice" such as the case of newly issued documents; supervision and management of law enforcement; administrative reconsideration and administrative litigation cases; well as topics for the special work and conduct research;
(Six) network construction. Especially for "Chinese Foreign Registration net" usage;
(Seven) The authorization system and the registration requirements of the specific work implementation. Including granted permission, the annual work summary, annual summary statistical reports, the implementation of specific tasks, dealing with complaints and verifying cases.
Second, the authorized Board should base on the "foreign-invested enterprises authorized for registration management approach" providing the authorization conditions, according to the "institutional implementation, functions in place, personnel qualification, job specification" principle requirements, and the procedures Article for self-examination and rectification.
Provincial Board is authorized to make their own inspection and rectification work, authorized to supervise the prefecture-level Bureau (including cities with independent planning and authorized administration of sub-provincial city, the same below) so as to carry out inspection and rectification work.
Third, self-rectification that meet the "foreign-invested enterprises authorized for registration management approach" under terms of the authorization shall be promptly reported.
Provincial Council is authorized to urge the application work of the city bureau, and timely report to the General Administration. In order to ensure the progress and acceptance,before July 1 each provinces, autonomous regions and municipalities should have 50% confirmation by the General Administration.Before October 1 should have 90% confirmed. All reporting should in principle end in December 1. Provincial Bureau is authorized to declare, in principle, should be within the jurisdiction of all other authorized administration declarationat the same time or after .
Reporting scheme and the rules of order and other reporting documents and materials should be sent directly to Administration of Foreign Registration Office.
Fourth, the Administration shall submit the following documents:
(1) confirm the request. The application shall reflect the following situations:
A: study and implement the "foreign-invested enterprises authorized for registration management approach" and "further improve the registration of foreign-invested enterprises authorized management of the notice" of the situation, including the self-examination and rectification;
B: Article III of the Statutes of the acceptance review of the case matters.
(Two) foreign-invested enterprises and establishment registration and management agency approval documents.
If the Application Bureau is for the provincial Industry and Commerce,the sub-provincial Administration for Industry and Commerce,it should present the same level government approval documents of its establishment registration of foreign investment enterprises .
If it is for other application-level Bureau of Industry and Commerce Administration, it should submit to the provincial government departments and provincial agencies staffing
management and personnel registration documents;
(Three) FIEs registration management agency staffs list. List shall contain the duties, responsibilities, telephone, training, as well as authorized Bureau in charge of leadership in the administration of foreign investment registration name and telephone;
(Four) The management of enterprises with foreign investment registration procedures and specifications and other basic working system,innovative system may be submitted;
(Five) record the already registered, and some of the actual existing foreign-invested enterprises, foreign (region) enterprise branch offices and representative offices in the area engaged in production activities of foreign (regional) enterprises, foreign-invested enterprise branch Basic situation. All enterprises (institutions) records shall include basic registration items and contact information, records and registration of the order by the above categories in chronological order. All data marked reporting time.
Five, each authorized bureau shall start recognition and acceptance from April 1 to the Administration of Foreign Investment Enterprise Registration Bureau.If the Application Bureau is authorized by city-level bereau, the application documents should forward to the provincial Industry and Commerce Administration. Provincial Trade and Industry Bureau shall submit preliminary reports. Preliminary examination report shall include the preliminary conditions and preliminary opinions.
Six, After the foreign bureau received the application documents from each authorized bereau,it should take the written examination and field verification,and a comprehensive review of individual with random. After deciding to conduct on-site verification, foreign bureau can deploy applications other than the authorized administration comrades joint inspection teams to check the number of inspection teams, usually 4-6 people.
Seven, field verification principle,based on following steps:
1, listen to reporting of the acceptance Bureau. if a prefecture-level bureau is in acceptance, then also need to listen to the provincial bureau of the initial inspection report;
2, check the file;
3, check working conditions;
4, feedback preliminary acceptance opinions.
Eight, according to the review, if it is recognized, it should be published in the following ways:
(1) authorize the Board to issue confirmation document, the document should sets out the scope of the authorization;
(2) authorize the Board to be awarded a plaque; plaque was authorized by the Council ,for a representative authorized administration ,it can also be granted;
(3) make a national newspaper announcement. Notice is set forth in the scope of authorization;
(4) through the Chinese government liaison agency coordinating the WTO and its Member States notified to the WTO.
Nine, for those undeclared one at the end of a year, although it did not obtain the confirmation, the Administration will make the following decisions depending on the circumstances:
1.limit a prescribed period for its rectification ,while granting its exercise in terms of registration and management right.and notify the public of its right.
2.limit a prescribed period for its rectification ,while granting its exercise in terms of registration and cancellation of registration right.and notify the public of its right.
3, reject granting registration of foreign-invested enterprises to exercise management right,and notify the public.
If you have any questions in the company registration or any other investment questions,please contact with GBD.We are the senior servicer in this industry for many years,and we have help tens of thousands of customers for solving various problems on registration.
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