The main process to perform foreign investment contracts

  • Time: 2013-08-01 14:24:23
  • Source: SLEEING
  • Hit: 2374

1, investment project audit
(1) the information report
The investment of more than US 0000000 overseas acquisition and bidding projects, should be foreign to carry out substantive work in the project, namely overseas acquisition project countries to each other on the external sign a binding agreement, provide the restrictive pricing and (area) the government authorities of the application before the bidding project, overseas before officially bidding, report information to the national development and Reform Commission submitted to the project, and report the industry management department.
(2) the cost approval
Foreign direct investment cost refers to the establishment of the project or enterprise overseas by domestic institutions in the pre investment, to be paid abroad and foreign direct investment related expenses. Investors need to invest the necessary pre project cost to remit amount (including performance bond guarantee, etc.), should apply for approval to the national development and reform commission. The designated foreign exchange banks with the foreign exchange bureau approval issued by a domestic institution for the purchase and payment of foreign exchange, the foreign exchange bureau and timely feedback of relevant information.
(3) the project application
The investment of more than US 0000000 of resource development, the Chinese investment of 0000000 and non resources over the development of overseas investment project, approved by the State Development and reform commission. Since the establishment of diplomatic ties, to not under international sanction countries, or go to war, unrest and other countries and regions of investment projects, and relates to the telecom operators, transboundary water resources development and utilization, large-scale land development, main power grid, the news media and other special sensitive industries overseas investment projects, no limit, by the provincial development and reform department or the central management of enterprise after the preliminary examination submitted to national development and Reform Commission approval, or by the State Development and Reform Commission audit report to the State Council for approval. Mainland enterprises in the investment project in Taiwan area, apply to the local enterprises to the local provincial development and Reform Commission, the provincial development and Reform Commission after the preliminary examination, submitted to national development and Reform Commission approved. The central enterprises directly to the national development and Reform Commission for examination and approval. The project in foreign completed the preliminary work of substantive work and project necessary, the provincial development and reform department by investment subject to the registration of the project application report, the provincial development and reform department after the audit submitted to national development and reform commission. Enterprise groups under separate state planning and central enterprises may submit a project application report directly to the national development and reform commission.
Class, resource development and investment of 0000000 in the Chinese Chinese investment of 0000000 in the non resource development projects overseas investment category of local enterprises (except for special projects), approved by the provincial, autonomous region, or municipality directly under the central government and cities specifically designated in the state plan and Xinjiang production and construction Corps provincial development and Reform Department of the overseas investment projects; central management of enterprises to implement, for the record by the decision-making of the enterprise concerned and submitted to national development and reform commission.
(4) the project approval
National Development and Reform Commission approved the case to seek the views of relevant departments, entrust a qualified consulting agency to conduct the assessment, complete the application report for project approval within the legal time limit, or to the State Council put forward examination opinions. Provincial Development and reform department in foreign investment projects approved, shall be in accordance with the national development and Reform Commission approved the project requirements are external factors review. The validity period of the approval documents of investment subject, go through the foreign exchange, customs, immigration and tax and other related procedures in accordance with the law.
2, investment enterprise audit
(1) investment applications
Enterprise development and our country has not established diplomatic relations of overseas investment, specific countries or regions of the overseas investment, the investment of more than US 0000000 of overseas investment, multinational (area) the interests of overseas investment, the establishment of overseas Special Purpose Company overseas investment, apply to the central enterprises to the Ministry of commerce, apply to the Ministry of Commerce and local enterprises through the competent department of commerce at the provincial level where the.
Local enterprises to develop China investment of USD 10000000 and above, below 0000000 of overseas investment; energy, mineral resources overseas investment category; need of outside investment in the domestic investment to apply to the competent department of commerce at the provincial level. Application materials with the Ministry of Commerce approved the application materials required.
Outside the enterprises to carry out the above cases of overseas investment, headquarters of central enterprises through the "overseas investment management system" required to complete the "application form for printing of overseas investment", submitted to the Ministry of Commerce for approval. The "overseas investment management system" as required in the print the application form of local enterprises, the approval of the competent department of commerce at the provincial level newspaper.
(2) investment approval
For the need to submit the application materials of foreign investment projects, the competent commerce department shall, after receiving the application, within the statutory time limit, the truthfulness of the application materials and is involved in disapproval case review, and decide whether to approve or not. The competent commerce departments in different situation for Chinese embassies (brought) Museum (business offices). Relates to the exploration and exploitation of mineral resources overseas investment category, shall solicit the relevant domestic chamber of Commerce, association of ideas, as the approval reference.
For newly established enterprises by overseas project "for overseas investment management system", the Ministry of Commerce and the competent provincial commerce authority after receiving the application form, for review within 3 working days, the application form to complete and meet the statutory form shall be issued "certificate of overseas investment enterprises".

3, the foreign exchange funds
The foreign investment enterprises and after approval, relevant documents and certificates for foreign exchange, bank, customs, foreign affairs and other relevant formalities, and enjoy the relevant state policy support. The beginning of reform and opening up, China has been implementing strict foreign exchange system. With the rapid development of China's economy, China's foreign exchange reserves increased substantially in recent years, the gradual relaxation of foreign exchange controls. In 2009 July, the State Administration of foreign exchange issued the "Regulations" the administration of foreign exchange for overseas direct investment of domestic institutions, the foreign direct investment foreign exchange funds prior review system to post registration system, actively support enterprises to "go out".
4, the enterprise registration
International business for foreign exchange and equipment transfer procedures, the relevant departments to overseas investment enterprises of the country where the examination and approval procedures (according to the requirements) and to the local administrative departments of industry and Commerce shall complete the formalities for enterprise registration.
"International entrepreneurs of its investment in the establishment of a foreign enterprise shall comply with the domestic and foreign laws and regulations. Not approved enterprises according to relevant state regulations, the foreign enterprise name shall not be named as "China", "China", "national" and other words. Overseas enterprises may apply for approval before the foreign names in the host country (region) register.
International entrepreneurship should implement all personnel and property safety measures, establish emergency warning mechanism and emergency response plan, and accept the embassy (consular) guide hall, in the event of an emergency prevention personnel safety protection etc.. Unexpected events occur in a foreign land, the entrepreneurs should promptly, properly handle, and immediately to the Chinese embassy (consulate) report hall and relevant domestic departments.
International entrepreneurs shall require the foreign enterprises for the Chinese people face to face or by letter, fax, email in a timely manner to the Chinese embassy (consulate) Museum (business offices) registration. International business shall report to the original examination and approval organ overseas investment business and statistical data, to ensure true and accurate data reporting and.
Signed with foreign investment contracts or agreements related to the entry into force, the international business shall obtain the approval of the relevant government departments.

 

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