Circular of the State Administration of Taxation on Canceling the Follow - up Work of the Examination and Approval of the Projects of Foreign - funded Enterprises

Postdate: 2016-11-09

Provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and the Xinjiang Production and Construction Corps Department of Commerce:


    July 22, 2014, the State Council issued the "State Council on the abolition and adjustment of a number of administrative examination and approval projects and other matters of decision" (National Development ﹝ 2014 ﹞ 27), the abolition of "encouraged foreign-invested enterprises to confirm the project approval." In order to implement the relevant requirements of the Decentralization of the State Council, the effective implementation of the Circular of the State Council on Adjusting the Tax Policies on Imported Equipment (Guo Fa [1997] No. 37) is hereby notified as follows:


    (Hereinafter referred to as the "confirmation"), no longer examine the foreign-invested enterprises (hereinafter referred to as enterprises) the list of duty-free imported equipment (hereinafter referred to as the "enterprise"), the foreign-invested enterprises and foreign-funded enterprises .

    Since May 1, 2015, the competent department of commerce in accordance with the relevant provisions and authority for enterprise (capital increase) matters, in line with the "foreign investment industry guidance catalog" encouraged industrial items and "central and western regions advantage of foreign investment industry directory (Hereinafter referred to as foreign-invested projects encouraged by the information), including: the application of industrial policy items, the nature of the project, the content of the project, foreign investment projects, foreign-funded enterprises, foreign investment projects, Total investment in the project. Where an enterprise invests in a business activity involving a number of encouraged industrial policy items, the aforesaid information shall be separately clarified in accordance with the relevant items.


    2. The competent department of commerce shall, before issuing the enterprise approval certificate, input the information specified in Article 1 of this Article into the full-scale foreign investment management information system (hereinafter referred to as the system).

    After the above-mentioned competent departments of commerce at the provincial level enter the above-mentioned information into the system, they shall upload them to the provincial competent commerce authorities through the system together with the enterprise approval certificate information. The provincial commerce department shall conduct a comparison and compare the results through system feedback within 3 working days. The competent department of commerce at or below the provincial level may issue the reply document and the enterprise approval certificate after receiving the feedback result.


    3. Confirmation Letter issued by the department in charge of commercial affairs approved by the Company before July 22, 2014 (capital increase), and enterprise establishment (replenishment) issue approved between July 22, 2014 and April 30, 2015 , The "Foreign Investment Encouragement Project Information Summary Table" (hereinafter referred to as the "Summary Table") shall be filled in for those items which conform to the "Catalog of Foreign Investment Industries Guiding Catalog" encouraged industries and the Catalog of Foreign Investment Advantage Industries in the Central and Western Regions See Schedule).

    The competent commerce authorities at or below the provincial level shall, by June 1, 2015, submit the "Summary Table" to the provincial competent commerce authorities for comparison, and the provincial commerce authorities shall, within 1 July 2015, The summary of the "summary" to send directly under the Customs, Cc (Ministry of Commerce).


    4. Where the information on the encouraged projects of foreign investment as stipulated in Article 1 of this Circular is changed, the competent commercial departments shall record the changed information in a timely manner after the approval of the change, and shall be sent by the provincial commerce authorities to the relevant customs directly Information on foreign - invested projects under the encouraged category.


    (5) If the FIEs are to establish (increase) the filing procedures, the departments concerned shall follow the above stipulations, and indicate the information of the FIEs in the remarks column.


    This Notice shall come into force as of the date of promulgation. For the problems encountered in the implementation, please provincial departments of commerce and directly under the Customs to strengthen communication and coordination, if necessary, to the Ministry of Commerce (Foreign Investment Division), General Administration of Customs (Customs Department) to reflect.


Ministry of Commerce

April 13, 2015