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Notice of Fujian Development and Reform Commission on Issuing the Measures for Administration of the Filing of Foreign Investment Projects in the China (Fujian) Pilot Free Trade Zone
2017-12-07

Notice of Fujian Development and Reform Commission on Issuing the Measures for Administration of the Filing of Foreign Investment Projects in the China (Fujian) Pilot Free Trade Zone

Min Fa Gai Wai Jing [2015] No.125

 

Fuzhou and Xiamen Municipal Governments, and Administrative Committee of Pingtan Comprehensive Pilot Zone:

According to the Notice of the General Offices of the Fujian Provincial Party Committee and Provincial Government on Issuing the Preparation Tasks and Responsibility Breakdown Scheme of the China (Fujian) Pilot Free Trade Zone before Its Establishment (Min Wei Ban [2015] No.1), and for the purpose of perfecting the administration system for foreign investment projects in the China (Fujian) Pilot Free Trade Zone and regulating the administration of the filing for foreign investment projects in the Pilot Free Trade Zones, we formulated the Measures for Administration of the Filing of Foreign Investment Projects in the China (Fujian) Pilot Free Trade Zone by referring to the relevant regulatory documents of the China (Shanghai) Pilot Free Trade Zone and combing our actual situation. After approval by the Fujian provincial government, we hereby print and issue it to you. Please comply with it.

 

Fujian Development and Reform Commission

April 15th, 2015

This document is of active openness.

Measures for Administration of the Filing of Foreign Investment Projects in the China (Fujian) Pilot Free Trade Zone

Chapter I General Provisions

Article 1 For the purposes of regulating the foreign investment project administration system of the China (Fujian) Pilot Free Trade Zone (hereinafter referred to as FTZ), these Measures are formulated in accordance with the Framework Plan for the China (Fujian) Pilot Free Trade Zone, Measures for Administration of the Examination, Approval and Filing for Foreign Investment Projects, and Measures for Administration of the Examination, Approval and Filing of Fujian Provincial Foreign Investment Projects. 

Article 2 These Measures are applicable to the foreign investment projects subject to the filing system administration in the FTZ.

Scope of project filing administration in the FTZ: Sino-Foreign equity joint ventures, Sino-Foreign contractual joint ventures, wholly foreign-owned, foreign-invested partnerships, M&A of domestic enterprises by foreign investors, capital increase and reinvestment of foreign-invested enterprises and all other foreign investment projects other than those set out in the Special Administrative Measures for the Access of Foreign Investment in the FTZ (Negative List) (unless otherwise specified by the State Council to reserve and approve with respect to domestic investment projects).

Where there are otherwise provisions in the laws and regulations, such provisions shall prevail.

Article 3 Security review shall be carried out in accordance with relevant regulations on the foreign investment project that is in the scope of national security review.

Article 4 The administrative committees of Fuzhou, Xiamen and Pingtan Areas of the FTZ are the foreign investment project filing authorities of Fuzhou, Xiamen and Pingtan Areas of the FTZ (hereinafter referred to as “Project Filing Authority”) which are responsible for filing, supervising and managing foreign investment projects in the FTZ.

Chapter II Project Filing Procedures

Article 5 The foreign investment project applicant in the scope of project filing administration of the FTZ (hereinafter referred to as “Filing Applicant”) shall complete and submit the FTZ Foreign Investment Filing Form, and meanwhile submit the following materials to the Project Filing Authority:

(1) Enterprise registration certificate (business license) and business registration certificate (for individual investor, personal identification) of the Chinese and foreign parties;

(2) A letter of intent for investment signed by all investors, company board resolution for the capital increase or M&A project, or relevant capital contribution resolution; and

(3) Other relevant materials that shall be submitted in accordance with relevant regulations.

The Filing Applicant shall be responsible for the authenticity of the application materials submitted.

If the Filing Applicant applies for project filing and enterprise incorporation (change) at the same time, the mechanism of“one form application and one-off acceptance”of the FTZ shall apply.

Article 6 If the application materials are not complete or the contents do not meet the requirements, the Project Filing Authority shall immediately inform the filing applicant to submit relevant supplementary information or materials.

Article 7 The Project Filing Authority shall issue opinions on filings of foreign investment projects in the FTZ (hereinafter“Project Filing Opinions”) to the Filing Applicant within 5 working days from receipt of the application materials.

The Project Filing Authority shall conduct record filing for foreign investment projects which does not violate laws and regulations, complies with the national industrial policies, and is in the scope of foreign investment project filing administration in the FTZ. If the Project Filing Authority refuses to conduct filing, it shall make an explanation in the Project Filing Opinions.

Article 8 For the foreign investment project accepted for filing, the Filing Applicant may go through the planning, land use, environmental impact assessment, construction and other examination and approval procedures based on the Project Filing Opinions; in case of application for government subsidy, on-lending, interest subsidy or any other preferential policy, it may submit a fund application report to the relevant authority based on the Project Filing Opinions; and in case of application for imported equipment tax reduction or exemption or any other preferential policy, it may apply to the national or municipal development and reform commission for relevant procedures based on the Project Filing Opinions (if the foreign investment project is in the Xiamen Area of China (Fujian) Pilot Free Trade Zone, the Filing applicant may apply to the national development and reform commission or Xiamen investment management department for relevant procedures based on the Project Filling Opinions).

Article 9 At the issuance of the Project Filing Opinions, the Project Filing Authority shall send a duplicate of the general project filing information, filing documents, etc. to relevant authorities.

Chapter Ⅲ Change of Filing

Article 10 If the foreign investment project accepted for filing is under any of the following circumstances, it shall be deemed as a material change, and the Filing Applicant shall apply to the Project Filing Authority for change:

(1) Any change to the project location;

(2) Any change to the investor or equity;

(3) Any change to the main content of the project; and

(4) Other changes required by relevant laws and regulations and industrial policies.

The procedures for change of filing shall be subject to the relevant provisions of Chapter II of these Measures.

Article 11 In case of any change to the foreign investment project accepted for filing, if the project is no longer in the scope of foreign investment project filing administration in the FTZ after such change, the Filing Applicant shall apply to the competent approval authority for approval procedures in accordance with the Measures for Administration of the Examination, Approval and Filing for Foreign Investment Projects, and Measures for Administration of the Examination, Approval and Filing of Fujian Provincial Foreign Investment Projects (if the foreign investment project is in the Xiamen Area of the FTZ, the Filing Applicant shall apply for approval procedures in accordance with relevant regulations prescribed by Xiamen), and the original project filing document shall automatically become null and void as of the date of issuance of the approval document.

In case of any change to an approved foreign investment project, if the project is in the scope of foreign investment project filing administration in the FTZ after such change, the Filing Applicant shall apply to the Project Filing Authority for filing procedures in accordance with these Measures, and the original project approval document shall automatically become null and void as of the date of issuance of the filing document.

Article 12 If the implementation of the project accepted for filing stops, the Filing Applicant shall promptly notify the Project Filing Authority in writing.

If the project accepted for filing is to be moved out of the FTZ, the Filing Applicant shall go through relevant procedures in accordance with the administrative regulations on foreign investment projects outside of the FTZ and promptly notify the Project Filing Authority in writing.

Chapter IV Supervision and Management and Legal Liabilities

Article 13 The Project Filing Authority shall enhance the interim and post supervision on filed foreign investment projects in the FTZ and shall examine the implementation of such projects through the regulatory information sharing system and platform, enterprise annual report system, etc. of the FTZ.

Article 14 Any staff member of the Project Filing Authority who abuses his power, neglects his duties, engages in malpractice for personal gains, or solicits or accepts bribes during the project filing shall be given administrative sanction, and if his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Article 15 For the foreign investment project under any of the following circumstances, the Project Filing Authority shall legally order the Filing Applicant to suspend investment and construction and if necessary go through relevant procedures, take actions against the enterprise and its relevant personnel according to law, and include relevant information in the enterprise’s credit records:

(1) Splitting the project;

(2) Providing fake materials;

(3) Commencing the construction without approval of application for filing; and

(4) Failing to make investment and construction according to the contents filed.

Chapter Ⅴ Supplementary Provisions

Article 16 The project filing documents shall be effective for two years from the date of filing.

Article 17 Projects invested in the FTZ by investors from the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall be implemented with reference to these Measures.

Article 18 These Measures shall become effective as of the date of issuance.

 

 

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