Interim Provisions of Guiyang Municipality on the Examination and Approval Procedures for Investment by Overseas Chinese, Hong Kong, Macao and Taiwan Compatriots

Article 1 In order to promote foreign investors and overseas Chinese from Hong Kong, Macao and Taiwan to invest in Guiyang, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures, the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures and the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures, taking into account the actual situation in Guiyang. Article 2 Foreign businessmen, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan (hereinafter referred to as investors) may negotiate with companies, enterprises or other economic organizations within the administrative area of Guiyang City (hereinafter referred to as Guiyang City) to establish joint ventures, cooperative ventures or wholly-owned enterprises. Article 3 The Guiyang Municipal Foreign Economic Commission (hereinafter referred to as the Municipal Foreign Economic Commission) is responsible for the centralized management of foreign investment in this Municipality. Article 4 Both investors and Guiyang City may entrust Guiyang Foreign Investment Service Center to draft project construction documents, feasibility study reports, contracts and articles of association, organize feasibility study report demonstration, and go through relevant examination and approval procedures. Article 5 After the investor and Guiyang Municipality sign a letter of intent (or agreement) on joint venture and cooperation through consultation, Guiyang Municipality will prepare a project proposal. Article 6 After the approval of the project proposal, the joint venture company and the partners shall carry out all the work centered on the feasibility study and prepare the feasibility study report (the project proposal and the feasibility study report can be combined for small projects with a total investment of less than US$ 6.5438+US$ 00,000). The environmental impact assessment report shall also be prepared for projects with serious pollution confirmed by the municipal environmental protection department. Article 7 After the feasibility study report and environmental impact assessment report are approved, the joint venture and the cooperative party may formally negotiate and sign an agreement, contract and articles of association. Article 8 To apply for the establishment of a foreign-invested enterprise, the investor or his agent shall submit an application report and the following documents to the Municipal Foreign Economic Commission:

(1) An application for the establishment of a foreign-capital enterprise;

(2) Feasibility study report;

(3) Articles of association of the foreign-capital enterprise;

(4) A list of the legal representatives (or candidates for directors) of the foreign-capital enterprise;

(5) Legal documents and credit certificates of the investors;

(6) Other documents that need to be submitted.

When two or more investors apply for the establishment of the same foreign-invested enterprise, they should first sign an agreement or contract and then submit it to the Municipal Foreign Economic Commission. Article 9 The examination and approval authority and its examination and approval authority:

(a) joint ventures and cooperative projects with a total investment of less than $3 million (including $3 million) do not need a comprehensive balance between provinces and cities. The project proposal and feasibility study report shall be examined and approved by the district people's government and the municipal competent bureau, and reported to the Municipal Foreign Economic Commission, the Municipal Planning Commission and the Municipal Economic Commission for the record.

(2) A joint venture or cooperative project with a total investment of more than US$ 3 million and below the municipal approval limit is a basic construction project, and the project proposal and feasibility study report shall be approved by the Municipal Planning Commission jointly with the Municipal Foreign Economic Commission; Is a technical transformation project, approved by the Municipal Economic Commission in conjunction with the Municipal Foreign Economic Commission.

(3) If the total investment of joint ventures and cooperative projects is above and within the municipal approval limit, but it needs to be comprehensively balanced in the province, the project proposal and feasibility study report shall be submitted to the relevant provincial departments for approval by the Municipal Planning Commission or the Municipal Economic Commission in conjunction with the Foreign Economic Commission.

(4) The agreements, contracts and articles of association of joint ventures and cooperative enterprises, and the application report for the establishment of foreign-funded enterprises, regardless of the amount of investment, shall be examined and approved by the Municipal Foreign Economic Commission or submitted to the relevant provincial departments for examination and approval. Article 10 Time limit for approval:

(a) the municipal and district examination and approval authorities shall, within seven days from the date of receiving the documents that meet the requirements, approve or give a written reply or forward them to the examination and approval authority at the next higher level after receiving the proposal for establishing a joint venture or cooperative project.

(two) the municipal and district examination and approval authorities shall, within fifteen days from the date of receiving the feasibility study report on the establishment of a joint venture or cooperative enterprise, organize the demonstration or submit it to the relevant meeting for deliberation. The examination and approval authority shall, according to the results of argumentation or deliberation, handle the approval documents or make a written reply, or forward them to the examination and approval authority at the next higher level.

(3) After receiving the submitted agreement, contract, articles of association or application report, the Municipal Foreign Economic Commission shall complete the examination and approval procedures or make a written reply within seven days from the date of receiving the documents that meet the requirements, or transmit them to the provincial examination and approval authority. Eleventh major project applications, by the Municipal People's government to convene relevant departments for joint consideration, complete the examination and approval procedures. Article 12 After an investor applies for approval, he shall apply to the administrative department for industry and commerce for registration and obtain a business license within 30 days from the date of receiving the approval certificate, and then go through the relevant formalities at the Municipal Taxation Bureau, Guiyang Customs, the Provincial Administration of Foreign Exchange and the Provincial Commodity Inspection Bureau. The date when the business license is issued is the date when the foreign-capital enterprise is established according to law. Thirteenth the Guiyang Municipal Foreign Economic Commission shall be responsible for the interpretation of these Provisions. Article 14 These Provisions shall come into force as of the date of promulgation.