Certain Provisions of Jilin on Improving the Foreign Investment Environment Ⅱ

Chapter Ⅱ Examination and Approval of Foreign-Invested Enterprises

　　Article 8. All the relevant departments should tell the party disposably about the conditions and procedures of the examination and approval, and about the time limit of finishing transaction while they handle the relevant examination-approval items of foreign-invested enterprises, and should explain the relevant documents and materials which need submitting in the examination and approval.

　　As for those items listed into the advanced planning for major items of this provincial government or and those items of the World 500 Strength, and those items invested by other multinational corporations, the related departments should set up special leading institutions, appoint special personnel, and offer tracing service.

　　Article 9. When each department examines and approves the items of which the total amount of capital invested above US$1,000,000 or the foreign-investment items invested by any of the World 500 Strength and other multinational corporations, and as for those which tally with the national industrial policies but prepare not to be approved, the department should put forward handling opinions and report to the people's government at the same level for decision.

　　Article 10. It is encouraged to set up the intermediary organizations servicing the foreign investment, provide all kinds of services such as the investment environments and market research, offering the legal advice related with investment policies, solving legal controversies for foreign businessmen.

　　As for the foreign businessmen who want to invest and set up enterprises, they may entrust the intermediary organizations of foreign-investment service, which established according to law, go through the related formalities to all the departments.

　　Article 11. All the following departments under the people's governments at all levels should finish handling the items of examination and approval for the foreign-investment enterprises within the time limit stipulated in the following sections of this Article:

　　（1）As for the written project proposals for the non-productive Sino-foreign investment and for Sino-foreign items of cooperative business operation and as for the reports on foreign-investment items, which belong to capital construction and tertiary industry, and submitted by the applicants who set up foreign-investment enterprises, the departments of planning or the relevant competent departments should complete the examination and approval within working days; as for the research reports on feasibility or the written project proposals examined and approved together with the research reports on feasibility, they should be completed within 3 working days.

　　（2）As for the written project proposals and the research reports on feasibility of the items of introducing foreign investment utilized by the existing enterprises, which submitted by the applicants who set up foreign-investment enterprises, the management departments of economy and trade or the relevant competent departments should complete the examination and approval within 3 working days.

　　（3）As for the contracts, rules of Sino-foreign joint venture, and of Sino-foreign cooperative business operation, and as for the rules of exclusively foreign-owned enterprises, which submitted by the applicants who set up foreign-investment enterprises, the competent departments of foreign economy and trade should complete the examination and approval within 3 working days; to put on record and issue the certificate of approval should be completed within 1 working day; as for the items of enterprise contracts, the alteration of rules, the alteration of the board of directors, contracting or management on a commission basis, setting up branches, import-export business, and the dissolution of enterprises in advance, the examination and approval should be completed with 3 working days.

　　（4）As for the demands upon safety examination submitted by the applicants who set up foreign-investment enterprises, the safety examination department of construction items concerning foreign affairs should complete the examination within 2 working days.

　　（5）As for the examination to the contribution circumstances of government-owned property drawn up by Chinese side, the departments of finance should complete the it within 2 working days; as for the property assessment items of contribution, it ratification should be completed within 5 working days; as for the management of government-owned stock rights, the written reply should be completed within 3 working days; as for handling the title registration of government-owned property, it should be completed within 1 working day.

　　（6）As for foreign-investment enterprises applying for land and needing occupying and using the collective-owned land or government-owned farming land which have completed the previous work in accordance with legal procedures, and tally with the conditions of land supply after examination and have paid relevant expenses and of taxes, the competent administrative departments of land and resources should go through the examining-approving formalities within 3 working days; as for those who use the government-owned land for construction, tally with the conditions of land supply and have paid the relevant expenses and taxes, their examining-approving formalities should be gone through within 7 working days; as for those applying for going through land registration formalities, have the rights vested legally, clear boundaries, exact areas after examining and without no dissent after the announcement expired, they should be given registration and issued the certificate within 3 working days; as for those applying for altering the registration reported to the provincial people's government after the preliminary examination by municipality or county, the provincial administrative competent department of land and resources should give the registration on the book within 7 working days.

　　（7）As for the written project proposals submitted by the applicants who set up foreign-investment enterprises, the administrative departments of environmental protection should provide the opinions on environmental protection within 2 working days; the official documents about the report form of environmental impact should be completed within 5 working days; to examine the brief of environmental assessment and give an official, written reply should be completed within 10 working days; to examine the report of environmental impact and given an official, written reply documents should be completed within 15 working days.

　　（8）The administrative departments of industry and commerce should complete the ratification of the names of foreign-investment enterprises within 1 working day; to handle industry-commerce registration on the book and commerce and issue business licenses should be completed within 2 working days.

　　Article 12. All the following departments under the people's governments at all levels should also finish handling the following examination- approval items for foreign-investment enterprises within a stipulated time limits:

　　（1）As for the foreign-investment enterprises declaring for being given a national institution code, the department of technology and supervision should issue the certification of code within 1 working day;

　　（2）As for the departments of taxation affairs handling the tax registration for foreign-investment enterprises they, should complete the examination and verification and issue the certificates of tax registration within 7 days since the date of receiving the application for handling the tax registration. As for the determination of generic taxpayers about the duty on value added, it should be completed within 5 working days;

　　（3）Customs should complete handling the customs formalities of entry and registration for foreign-investment enterprises within 1 working day; as for handling the import export application to the customs, it should be completed within 2 working days; as for handling the handbook of processing trade and the formalities of tax on remission, it should be completed within 3 working days;

　　（4）The inspection and quarantine departments of departing and entry should handle the entry to the registration declared by foreign-investment enterprises immediately; as for the vise of GSP（generalized system of preferences） certificate of original place, it should be completed within 1 working day; as for the inspection and quarantine to the import-export productions of or the inspection and appraisal to the importation of the equipments of foreign-investment enterprises, they must be completed within the stipulated time limits of working procedure; the foreign-investment enterprises shall have priority to be signed and issued the certificate of original place, and supported the long-distance service of applying for inspections （EDI） for the import- export goods;

　　（5）To cancel gradually the limits of getting accommodation at designated places for the personnel living beyond the mainland; permit them to choose the places of lodging by themselves, and declare timely the registration of accommodation to the hotels they lodge or the local police stations after their arrival in the light of relevant stipulations. Besides the inspections allowed by legal regulations, it shall be forbidden to interpose the foreign-investment enterprises and the dwelling places of foreign businessmen （including dwelling houses, apartments and hotels）. Public security departments should conduct the residence certificate for the foreign personnel and their families who tally with the lawful conditions of the foreign-investment enterprises within 3 working days, and should also provide some convenience about their entry and exit;

　　（6）As for those personnel living beyond the mainland, holding a driving license of a foreign country or of Hong Kong Special Administrative Region, Macao Special Administrative Region and the areas of Taiwan or an international license, after their signing up, they should pass the examinations of traffic regulations, the relevant knowledge, and driving on roads （those have driving experience over 3 years may not take part in the examination of driving on roads）, the departments of communications police of public security organs shall issue them driving licenses. If the personnel living beyond the mainland have some difficulties in Chinese examination papers, public security organs should offer English examination papers; if the applicants still have difficulties, they may employ translators by themselves, public security organs should provide convenient conditions;

　　（7）As for the examination of fire control to foreign-investment enterprises, the departments of fire control should complete it and give an official reply within 5 working days;

　　（8）As for the examination and verification of foreign-investment enterprises applying for the precautionary health supervision, the health departments should complete it within 5 working days, and issue the related certifications after passing their products the examination; as for the health supervision and monitor to the foreign-investment enterprises, it shall be conducted the inspection in the lowest frequence in accordance with the national relevant regulations; in regard to the inspection for randam-inspection samples, it shall be given an inspection report within 1 working day after the stipulated inspection time; as for the examination and certificate issuing to the enterprises of producting and operating foods, hotels, recreation places, shops and other public places, and internal dining halls of enterprises living water of self supply and the units engaged in radioactivity work, they should be completed within 15 working days.

　　（9）To open a foreign exchange account for foreign-investment enterprises, the departments of exchange control and the relevant financial institutions should complete it within 1 working day; the abouchement and remit rance of exchange, which tally with the national relevant stipulations, should be handled timely;

　　（10）As for the electro-application put forward by foreign-investment enterprises, the departments of electric power should reply them timely; as for those applying for using low tension, the departments should inform the applicants whether they agree or not within 3 working days; as for those applying for using high tension, the departments should inform the applicants whether they agree or not within 10 working days; as for those needing devised power cut because of maintaining facilities and etc, they should be noticed or given an announcement 7 days in advance; as for the relevant facilities of electric service breakdown, the maintainers should be on the scene timely, try to rebuild them as soon as possible; and

　　（11）As for those foreign-invested enterprises applying for water supply, air feed, supply of heat, if they have completed formalities and get the permits of resources supply, the relevant competent departments should complete the examination and verification within 5 days; as for those needing to cut off devisedly the water supply, air supply and supply of heat, the relevant should announce the notice through the instrumentality of news 48 hours in advance; as for those cutting off the water supply, air supply and supply of heat because of accidents, they should be completed the first-aid repair within 36 hours.

　　Article13. When the relevant departments handle the affairs for foreign-investment enterprises, if they can not complete within the stipulated time limit assuredly because of force majeure, they may put off the time limit by getting the approval of the people's governments at this level, and should explain to the foreign-investment enterprises in a written form.