Guidelines for the Cancellation of Overseas Enterprises (excluding Financial Enterprises) Invested by Domestic Enterprises
Sichuan Provincial Department of Commerce2019-05-20
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. Where an enterprise terminates outbound investment which has been verified or filed, it shall report the case to the original verifying or filing Ministry of Commerce or provincial department in charge of commerce after completing the procedure of cancellation in accordance with the law of the investment destination. The original verifying or filing Ministry of Commerce or provincial department in charge of commerce shall issue a confirmation letter of cancellation according to the report. as provided by Article 17 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 also registered at Sichuan Provincial Department of Commerce for filing; and overseas enterprises invested by or overseas branches of local enterprises, which are approved by the Ministry of Commerce.

III. Application Materials

1. The Report Form for the Termination of Overseas Investment for Enterprises in a printed form, which is filled in and submitted by an enterprise, in accordance with relevant requirements, through the management system of overseas investment (the System), as the information service system for outward investment and cooperation of the Ministry of Commerce.

2. The original of the Certificate of Overseas Investment by Enterprises or the Certificate of Overseas Offices of Enterprises (hereinafter collectively referred to as the Certificates).

Remarks:

Where an enterprise loses the Certificates, it shall publish a statement on loss of certificate in a national newspaper first, and then submit the relevant evidentiary materials which can prove that it has published such statement on loss of certificate.

IV. Handling Procedures

1. 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 (hereinafter referred to as the Window for the Department of Commerce) to submit the application materials for filing.

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' application materials, inform in writing, within three working days, all these enterprises in one time of all the contents they need to supplement and correct.

3. For those enterprises whose application materials are complete and in statutory formats, the Sichuan Provincial Department of Commerce shall issue confirmation letters for cancellation to them within three working days from the date of acceptance.

4. The receiving person of an enterprise shall go to the Window for the Department of Commerce to get the Confirmation Letter for the Cancellation of Overseas Investment by Enterprises.

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 Confirmation Letter for the Cancellation of Overseas Investment by 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.

Appendix: Sample (or Format) Text