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. The Ministry of Commerce and the provincial departments in charge of commerce shall conduct archive filing and verification management according to different circumstances of outbound investment of an enterprise. Where the outbound investment carried out by an enterprise involves sensitive countries and regions and sensitive industries, verification management shall be implemented. Archive filing management shall be implemented for other circumstances of outbound investment of an enterprise. as provided by Article 6, For outbound investments subject to archive filing, a central enterprise shall report its outbound investments to the Ministry of Commerce for filing and a local enterprise to the provincial department in charge of commerce at its locality. as provided by Article 9, Where an institution legal person carries out outbound investment or an enterprise establishes a branch overseas, the Measures apply mutatis mutandis. as provided by Article 36 and The Measures apply mutatis mutandis to the investments made by enterprises in Hong Kong, Macao and Taiwan regions. as provided by Article 37 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 enterprises (excluding central enterprises) or institution legal persons.
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.
Remarks:
1. These Guidelines are applicable to institution legal persons carrying out overseas investments or enterprises setting up overseas branches.
2. These Guidelines are applicable to enterprises investing in Hong Kong, Macao and Taiwan regions.
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.
Appendix: Sample (or Format) Text
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