Notice of the SAFE on Improving the Filing of Foreign - invested Real Estate

Postdate: 2016-11-09

Autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan and the Xinjiang Production and Construction Corps, the foreign exchange administrations:


    In order to implement the spirit of the Third Plenary Session of the 18th CPC Central Committee, change government functions, improve work efficiency, and further improve the record work, the relevant matters are hereby notified as follows:


    First, simplify the procedures for filing a record of foreign investment in real estate, the Ministry of Commerce for the record from the paper material to the electronic data for the record and after the incident.


    2. The Ministry of Commerce entrusts the competent department of commerce at the provincial level to check the filing materials of foreign-invested real estate enterprises. In accordance with the laws and regulations on foreign investment and the relevant provisions of the current foreign investment real estate, the competent department of commerce at the provincial level shall, in conjunction with relevant departments, check the electronic data in the archival materials and real estate project filing system, comply with the stipulations and record them; The company's electronic data is submitted to the Ministry of Commerce. The archival materials for archival filing shall be filed by provincial commerce authorities.


    3. The Ministry of Commerce shall make spot checks on the foreign-invested real estate enterprises that have been filed for the record (the proportion of the spot checks shall be determined by the Ministry of Commerce according to the actual conditions). The enterprises that have been spot-checked will give prompts within the system. After receiving the prompts, the provincial commerce authorities shall, Within the working day of the enterprise's paper filing materials submitted to the Ministry of Commerce, the Ministry of Commerce on the spot checks of enterprises for the record material for verification. The Ministry of Commerce will publicize it on the website; if it does not have the necessary materials, the Ministry of Commerce shall put forward the opinions of supplementary materials in the system, and will, in accordance with the requirements of the Ministry of Commerce of the People's Republic of China, The provincial commerce department shall submit the supplementary materials to the Ministry of Commerce within 5 working days after receipt of the opinions, and the Ministry of Commerce shall publicize the items on the website after verification of the complete materials. Foreign-invested real estate enterprises that have made public records through the website of the Ministry of Commerce shall, when registering the basic information, submit the relevant publicity information to the local foreign exchange departments.


    Fourth, in order to strengthen the ex post supervision, the Ministry of Commerce quarterly publicity has not been checked items for a review in the list of random checks again random sample, the provincial commerce department shall be 5 working days to review the project filing materials reported Sent to the Ministry of Commerce, found that there is violation of the examination and approval of the relevant departments and enterprises will be included in the approval of the "blacklist", the violation of the enterprise after the change will be strictly reviewed.


    V. The Ministry of Commerce will establish a credit system for foreign-invested real estate filing, and carry out a "blacklisting" system for local examination and approval departments and foreign-invested real estate enterprises and their investors who have found violation of related regulations after checking and reviewing, intensify exposure of irregularities and improve related information Sharing mechanism:

    (1) The local examination and approval department that violates the approval and filing shall be included in the "blacklist" of the department for violating the examination and approval and be warned for the first time. If there are two irregularities within one year, it shall be criticized in the commercial system; Time to terminate the commission.

    (B) the Ministry of Commerce and the State Administration of Foreign Exchange will establish a two-way information sharing mechanism to inform enterprises of non-compliance information, according to regulations to be dealt with; will violate the relevant provisions of foreign real estate enterprises and their investors included in the "blacklist" Shall be publicized; the violation of enterprise information timely informed the relevant departments of the State Council.


    Sixth, this notice since August 1, 2014 began to implement.


Administration of Foreign Exchange

June 24, 2014