I. Legal Basis
1. Item 191 Examination and Approval of the Establishment of Overseas Enterprises by Domestic Enterprises (excluding Financial Enterprises) of the Appendix: Catalog of Administrative License Decided by the State Council to Be Established for the Administrative Examination and Approval Items that Must Be Retained to the Decision of the State Council on Establishing Administrative License for Administrative Examination and Approval Items that Must Be Retained (Issued under the Order of the State Council [2004] No.412).
2. If there is any change in the items of outbound investment specified in the original Certificate after the archive filing or verification of the outbound investment of an enterprise, the enterprise shall, according to the procedures under the present chapter, apply to the original filing or verifying Ministry of Commerce or provincial department in charge of commerce for going through the procedure of alteration. as provided by Article 15 of the Administrative Measures for Outbound Investment (Issued under the Order of the Ministry of Commerce [2014] No.3).
3. Circular of the General Office of the Ministry of Commerce on the Administration of Overseas Investment (Shang Ban He Han [2014] No.663).
4. Circular of the General Office of the Ministry of Commerce on the Implementation of Paperless Management in the Filing of Overseas Investment and the Simplification of the Procedures for the Cancellation of Overseas Investment (Shang Ban He Han [2015] No.197).
II. Application Requirements
For overseas enterprises invested by or overseas branches of domestic enterprises, which are registered at Sichuan Provincial Department of Commerce for filing.
III. Application Materials
1. An enterprise shall scan its business license, as well as the Filing Form for Overseas Investment (the Filing Form) filled in through the management system of overseas investment (the System), as the information service system for outward investment and cooperation of the Ministry of Commerce and printed by the enterprise with its official seal affixed thereto, and then upload the said materials in picture or PDF format (as the appendices to the Filing Form for Overseas Investment) to the System.
2. Where more than two enterprises jointly carry out overseas investment, the relatively substantial shareholder shall, upon the written consents from the other investors, upload the Filing Form, together with these written consents after scanned as the appendices to the Filing Form, to the System while application.
3. Where a state-owned holding enterprise (or solely state-owned enterprise) carries out overseas investment, if there are relevant documents issued by the superior administrative departments requiring that such enterprise must perform other relevant procedures before the implementation or the reporting for approval of the project, such enterprise shall, take the initiative to inform and scan the relevant materials required, and upload such materials as the appendices to the Filing Form to the System.
After all the relevant materials are uploaded completely, the Filing Form shall be submitted through the System and the enterprise shall no longer submit any other paper documents.
IV. Handling Procedures
1. An enterprise shall submit its application materials for filing through the System.
2. For those enterprises whose application materials are not complete or not in statutory formats, the Sichuan Provincial Department of Commerce shall, after receiving these enterprises'' electronic application materials from the System, inform in writing, within three working days, all these enterprises in one time of all the contents they need to supplement and correct.
3. Where an enterprise fills in the Filing Form in a truthful and complete manner and in a statutory format, and the enterprise also makes a statement in the Filing Form that its overseas investment never has fallen under, or will fall under any of the circumstances as provided by Article 4 of the Administrative Measures for Outbound Investment, such enterprise shall be registered for filing and issued with a Certificate of Overseas Investment by Enterprises or a Certificate of Overseas Offices of Enterprises (hereinafter collectively referred to as the Certificates) by the Sichuan Provincial Department of Commerce within three working days from the date of acceptance; where an enterprise fills in the Filing Form not in a truthful and complete manner, such enterprise shall not be registered for filing by the Sichuan Provincial Department of Commerce and shall be given a written explanation.
4. The receiving person of an enterprise shall go to the Window for the Department of Commerce of the government affairs service platform of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center to get the Certificates.
V. Period for Handling
1. Statutory period: three working days.
2. Commitment period: three working days.
VI. Charging Basis and Standards
Free of charge.
VII. Certificates Required for Examination and Approval
The Certificate of Overseas Investment by Enterprises or the Certificate of Overseas Offices of Enterprises.
VIII. Quantitative Restriction
None.
IX. Contact Information
1. Tel.: Window for the Department of Commerce (028) 86936855/86918020
2. Online affairs-handling halls
Sichuan Electronic Government Hall: dzzwdt.sc.gov.cn
Sichuan Government Affairs Service Hall: egov.sczw.gov.cn
3. Complaint hotlines
For Sichuan Provincial Office of Administrative Efficiency: 028-96960
For Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center: 028-86936179
For Sichuan Provincial Department of Commerce: (028) 83220487/83221124
X. Matters Needing Attention
None.
|
