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Confirmation of Foreign Invested Advanced Technology Enterprises and Export Product Enterprises--- Confirmation of Foreign Invested Export Product Enterprises |
Date£º2006-5-7 |
Confirmation of Foreign Invested Advanced Technology Enterprises and Export Product Enterprises--- Confirmation of Foreign Invested Export Product Enterprises (Approval Kind)
Examining and Approval Procedure
A.Acceptance and Hearing
Qualifications:
Applicant shall submit the following materials:
1. written Application for Foreign Investment Product Export Enterprise (pursuant to Article 7 of MOFTEC Enforcement Regulations on the Confirmation of Foreign Investment Product Export Enterprises and Advanced Technology Enterprises)
2. Enterprise Approval Certificate, Business License , Contract ,Articles of Association and Documents of Approval ( Duplicate) (Pursuant to the Same as Above)
3. Asset Authentication Report made by Certified Public Accountant concerning the investment of registered capital by every investor (Pursuant to the Same)
4. Actual Performance Report of Product Export for the previous year prior to the enterprise¡¯s application (Pursuant to the Same);
5.Balance of Payment of Foreign Exchange for the previous year prior to the enterprise¡¯s application (Pursuant to the Same);
6. Audit Report made by Certified Public Accountant for the previous year prior to the enterprise¡¯ s application (Pursuant to the Same).
Criterion:
The materials submitted shall be complete, standard and valid;
The person responsible for this post: the acceptance and hearing personnel of Foreign Investment Department.
Duty and Power:
Examine and Check the application materials in accordance with the criterion for acceptance and hearing;
Accept and hear the case in time if the materials submitted are qualified; Meanwhile make acceptance records, and then transfer materials for examination procedure;
Those unqualified materials will not be accepted, whereas must make all materials for further supplement and amending, the requirement for this, related rights of applicant and means for them to make complaint clear to the applicant at one time. Meanwhile apply to the higher-up for records.
Time limit: 2 working days
B. Examination
£¨Ò»£© Examination criterion:
1.Submitted materials shall be complete, standard and valid;
2.The following items shall be include in the application:
£¨1£©reasons for application£¨2£©basic facts of the company( including: company name, company type, all investors , total investment, registered capital, share proportion of all investors, detailed address, establishment time, date of putting into production, business scope, term of business and the facts about the reaching of fund£¨3£©total product sales value, export value ,the export proportion prescribed in the Contract, the actual export proportion, major export product, major trading countries and so on £¨4£©business performance( if profitable);£¨5£©Applicant Unit Stamp (pursuant to Article 7 of MOFTEC Enforcement Regulations;
3. must be enterprise producing the export product (pursuant to Article 2 of MOFTEC Enforcement Regulations )
4.Annual Export Value (including Self export, export by agency of foreign trade company and other methods) shall reach more than 50% of the total product sales of the enterprise for the same year (pursuant to the same)
5.The Balance of Foreign exchange by business operation for the same year is in surplus (i.e. the Foreign Exchange Revenue is larger than Expenditure, excluding the Balance transferred from last year)(pursuant to the same)
6.The enterprise shall be in surplus for the same year (pursuant to the same).
£¨¶þ£©Work Criterion : The Documents drafted shall be complete and standard
Responsible person for this post: Examination personnel of Foreign Investment Department
Duty and Power:
Make examination according to the examination criteria.
With respect to qualified cases, must put forward examination comment for approval; fill in the Task Form (or flow chart), after drafting the examination documents, transfer them to the reviewer together with the application materials.
With respect to those needing further amendment and supplement, put forward comment of amendment and report it to the reviewer. Then notify the applicant in written form at only one time. Upon receiving the amended and complete materials, make a second examination and draft documents of approval in stated period of time, and then transfer to the reviewer together with the application materials.
With respect to unqualified cases, terminate the examination, but must sign the comment of disapproval and state reasons before transferring to the reviewer.
Time Limit: 9 working days
C. Review
Criterion: the same as the examination criterion
Person responsible for this post: Director of Foreign Investment Department in Charge
Duty and Power:
Review the examination comment according to the criterion
Upon agreeing to the examination comment, fill the reviewer¡¯s comment in the Task Form (Flow chart), then transfer to the approval personnel.
Upon disagreeing to the examination comment, put forward reviewer¡¯s comment and reasons after exchanging ideas with the examiner, then transfer them together with the examination comment to the approval personnel and meanwhile fill in the Task form (flow chart).
Time Limit: 7 working days
D. Approval
Criterion: Same as the examination criterion.
Responsible person for this post: Vice Director of the Commission in charge
Duty and Power:
Make approval to the examination comment according to the approval Criterion.
If agree to the review comment, put forward approval comment in the Task form (flow chart), and return it to the acceptance personnel.
If disagree to the review comment, exchange ideas with reviewer, put forward the approval comment and reasons and fill them in the Task form (flow chart), then return it to the acceptance personnel by way of the original means.
Time Limit: 7 working days
¡¡ E. Notification
Person responsible for this post: acceptance and hearing personnel in Foreign Investment Department
Criteria:
1.Notify the applicant the result of the matter handled timely and accurately;
2.Make the certificate complete, accurate and valid;
3.Keep the examination documents complete and standard for file.
Duty and Power:
Make notification as per the criterion, Issue the Confirmation Certificate of Foreign Investment Product Export Enterprises and keep them on records and files.
For the approved application, make documents concerned, prints the Confirmation Certificate and notify the applicant. If permitted, announce the result by way of the Internet or other means;
For the unapproved cases, make the reasons, requirement and related rights of applicants, as well as the means to make complaint all known to the applicant at one time, and return the application materials to applicant.
When the examination work is finished, keep all the documents made during the course of examination in file as per the requirement.
Time Limit: 5 working days
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