Several Proposals of the State Administration for Industry and Commerce on Bringing the Functions of Administration for Industry and Commerce into Full Play to Further Providing Service for the Development of Foreign-Invested Enterprises
Administrations for industry and commerce and market supervision administrations of all provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the state plan and sub-provincial cities:
For the purpose of conscientiously implementing the Some Comments on Further Doing a Good Job in the Utilization of Foreign Capital promulgated by the State Council, bringing the function of administration for industry and commerce into full play, providing better service for the development of foreign-invested enterprises, giving better play to the positive roles of the foreign capital in promoting technological innovation, industry upgrading, regional coordinated development and other aspects, accelerating and improving the quality and level of foreign capital utilization and giving impetus to the transfer of economic development modes actively, the following comments are hereby proposed:
I.Further Encourage Foreign Investors to Increase Investment
(I) Fully support group operation of foreign-invested enterprises.Investment companies established by foreign investors are encouraged to apply for establishing enterprise groups.The names of enterprise groups are allowed to have abbreviations; the parent companies can use such mark as “group” or “(group)” in their company names; the names of subsidiary companies can be preceded by the names of enterprises groups or the abbreviations; joint-stock companies’ names can also be preceded by the names of enterprise groups or the abbreviations with the approval from the enterprise groups.
(II) Fully support capital increase of foreign-invested enterprises with creditors’ rights.Actively research administrative measures for capital contribution with credit, and standardize the procedures of capital contribution.Conscientiously do a good job in the modification registration of ways of capital contributions of foreign-invested enterprises.Upon the registration of foreign exchange and approval from the approval authorities, great efforts should be made to support investors of foreign-invested enterprises to increase the registered capital with the creditors’ rights of the enterprises.
(III) Actively encourage foreign investors to establish partnership enterprises.Encourage foreign enterprises or individuals with advanced technologies and management experience to establish partnership enterprises in China through enhancing guidance, practicing more coordination and improving efficiency, and diversify types of foreign-invested enterprises and broaden channels of foreign-related economic cooperation and technological exchanges.
(IV) Positively render help to alleviate investment difficult of foreign-invested enterprises.For those foreign-invested enterprises which default on further capital contributions due to temporary capital shortage after the initial capital contribution and without a record of law-breaking,- 1 -
a prolonged time limit to the capital contribution shall be granted by the registration authorities upon the approval of application.
II.Promote the structure optimization of foreign capital utilization vigorously
(V) Vigorously support accelerated development of foreign-invested service enterprises.Wholly foreign-invested enterprises or foreign-invested enterprises controlled by foreign investors using the titles of enterprises in foreign countries (regions) can apply to use such mark as “(China)” in their names, if they invest in modern service industry and high and new technology industry with registered capital of RMB 30,000,000.Upon otherwise specified, foreign-invested service enterprises and their authorized branches can apply for registration of other busine branches at the registration authorities where they are located.
(VI) Substantially support establishment of functional organizations by multinational corporations and investment in service outsourcing industry by foreign investors.For multinational corporations which establish the regional headquarters, R&D centers, purchase centers, finance management centers, settlement centers, cost and profit calculation centers and other functional departments within China and foreign-invested service outsourcing enterprises, words indicating the functions of their enterprises can be used in the enterprise names and description of busine scope.
(VII) Provide active service in trans-regional transfer of foreign-invested enterprises.Provide better services to improve the registration service system and strengthen the continuity of foreign-invested enterprises registration.For those foreign-invested enterprises transferring from the eastern region to the central and western region in China, registration authorities should carry out first-asked responsibility system, and provide full-way tracing services to actively provide efficient registration service for enterprise transfer.
(VIII) Provide active service in construction of border economic cooperative zone.Measures should be taken to encourage investors to establish foreign-invested enterprises of various types in border economic cooperativezones.Positively guide foreign and domestic natural persons to establish foreign-invested partnership enterprises in those zones and clarify their operation entities qualifications so as to promote the construction of border economic cooperative zones.
(IX) Provide active service in diversification of foreign capital utilization modes.Actively participate in the joint examination of M&A conducted by foreign capital, standardize the procedures of registration in the proce of M&A by foreign investors, provide high-quality registration services, and fully support foreign investment to participate in reorganizing, reforming, merging and restructuring domestic enterprises.
(X) Strictly restrain enterprises with laggard output capacity.Enforceregistration management and cooperate with relevant authorities to do a good job in the registration of modification, cancellation and revoking busine licenses of “High-polluting, high-energy-consuming and resource-dependent” and low-level and overcapacity expansion foreign-invested enterprises, so as to improve the capacity of economic and social sustainable development.
III.Put forth effort to raise the capability in service for the development foreign-invested enterprises
(XI) Further improve service quality of foreign-invested enterprises registration.The “one examination and one approval” system should be implemented in an all-round way to simplify the procedures of examination and approval.The power and responsibility of examination and approval personnel need to be clarified, and registration behaviors should be further standardized.
For the important foreign-invested projects determined by the Central and local governments, related registration authorities should pre-interfere into them, authorize staffs specifically responsible for the projects, provide full-way tracing service and fulfill all the procedures as soon as poible.
(XII) Further raise informatization level of foreign-invested enterprises registration.Make efforts constantly to improve the function of online services, establish and perfect the registration mode of “authorized registration + distance approval + online application”, so as to set the registration service forward.The online material submiion, online pre-examination and one-stop window service should be put into practice gradually to improve service efficiency.Energetically promote government affairs public, and provide the social public with inquiry service of the basic information related to foreign-invested enterprises.
(XIII) Substantially improve the quality and level of data monitoring and analysis of foreign-invested enterprises registration.Efforts should be made to improve the quality of foreign investment registration and supervision data, and establish mechanism of comprehensively utilizing and publicizing data offoreign-invested enterprises.Timely sum up the information of registration and supervision about foreign-invested market entities, strengthen analysis of registration information and development of foreign-invested enterprises of foreign-invested enterprises, bring the public service function of registration and supervision of foreign-invested market entities into full play so as to provide services for the development of foreign-invested enterprises.
(XIV) Conscientiously implement the state industrial policies on foreign capital utilization.Actively support should be given to foreign investment in encouraged industries; for the industries which foreign investors are restricted to invest in, registration authorities should examine related certificates strictly before iuing licenses; no project prohibited to foreign investment by the state shall be registered.Take measures to rectify the activities of foreign-invested enterprises engaging in the restricted industries without approval, and resolutely measures should be given to those engaging in the prohibited industries.And the quality of foreign capital utilization should be improved in a pragmatic way.
(XV) Substantially improve the investment contribution rate of foreign-invested enterprises.Strengthen administration for capital contribution of shareholders of foreign-invested enterprises, focus on initial capital contribution, standardize capital contribution activities, establish a system of capital contribution reminding, dunning and publication, and urge contributors to implement their responsibilities and obligations of capital contribution, and improve their credit of capital contribution.
(XVI) Further improve efficiency of annual inspection of foreign-invested enterprises.Popularize claified annual inspection of foreign-invested enterprises; strengthen examination on foreign-invested enterprises in key and hot industries and those with lower credit grades.For those foreign-invested enterprises which operate strictly according to law and without a record of law-breaking, efforts should be made to simplify the procedures of annual inspections; mechanisms to encourage legal operation and punish illegal operation should be established.The system of summarizing and reporting the annual inspections of foreign-invested enterprises should be further improved to strengthen sorting out and analyzing annual inspection information, and make the dynamic information of foreign-invested enterprises more precisely.
IV.Make great efforts to create a favorable market environment.
(XVII) Earnestly maintain a market order of fair competition.Efforts should be made to further strengthen law enforcement of competition, continue the special competition law
enforcement of cracking down“imitating famous brands”, severely deal with the cases of unfair competition that infringe the rights and interests of foreign-invested enterprises.Strengthen the protection of famous names of foreign-invested enterprises, restrain the utilization of famous names for unfair competition.Severely deal with cases of monopoly and unfair competition to create a market environment of fair competition.
(XVIII) Make efforts to create a harmonious consumption environment.Further strengthen protection of consumers’ rights and interests, carry out special law-enforcement to against counterfeit goods; severely investigate and punish irregularities such as counterfeiting, faking and inferior quality, and pragmatically protect the legal rights and interests of consumers and foreign-invested enterprises.Positively guide foreign-invested enterprises to establish and improve a self-discipline system of maintaining consumption rights such as consumption dispute reconciliation mechanism to solve disputes related to consumption in time, consciously implement the social responsibility of maintaining consumers’ legal rights and interests, and increase the enterprise reputation and establish sound enterprise images.
(XIX) Actively guide foreign-invested enterprises to improve their abilities in trademark registration, utilization, protection and management.Effectively protect the trademark rights of foreign-invested enterprises, continue to accelerate the examination proce of trademark registration, and enhance the protection of trademark rights.Establish and improve the communication channels with foreign-invested enterprises, guide and help the enterprises to protect their trademarks; justly hear foreign-related cases of trademark aement and examination according to law and pragmatically maintain the legal trademark rights and interests of the foreign party involved.For the trademark aement and examination cases that can help utilize foreign capital to promote China’s scientific and technological innovation, industrial upgrading and regional coordinative development, efforts should be made to hear these cases in advance according to circumstances.
(XX) Further improve the administrative permiion efficiency.Mechanisms and measures should be innovated to improve the working efficiency and standardize the food circulation licenses.Administrations for industry and commerce of the provincial levels should be authorized to examine and approve the projects of foreign-invested advertisement enterprises.Improve regulations on examination and approval, establish recording system, promote formatted examination and approval, and strengthen guidance, supervision and inspection of examination and approval for the projects of foreign-invested advertisement enterprises.Actively coordinate with related authorities to do a good job in examining and approving foreign-invested auto sales enterprises, and support the development of foreign-invested auto sales enterprises.
(XXI) Actively promote the healthy development of advertisement industry.Support foreign-invested advertisement enterprises to take advantages in management, technologies and human resources so as to promote the development of advertisement industry.Guide foreign-invested advertisement enterprises to shoulder social responsibilities, participate in activities of public advertisements, and make contribution to improve the level of public advertisements in China.Continue to deepen the work of rectifying advertisement market, and further strengthen the efforts to punish the fraudulent advertising that harm the legal rights and interests of consumers and foreign-invested enterprises, pragmatically maintain the civilized and honest order of advertisement market.
(XXII) Bring the function of administrative instruction into full play.The role of administrative instruction should be brought into active play on the basis of strict law-based governance; improve the effects of administrative instruction by suggestion, guidance, reminding,
persuading, setting examples and demonstration.With more attention on unification of administrative punishment and administrative guidance, efforts should be made to guide foreign-invested enterprises to do busine honestly and standardize their operation so as to create a harmonious supervision and law-enforcement environment for foreign-invested enterprises.
V.Expedite and perfect the service system mechanism for development of foreign-invested enterprises
(XXIII) Further enlarge authorized scope of registration administration of foreign-invested enterprises.According to the actual needs, actively support the administrations for industry and commerce which are located in central and western China or in national-level economic and technological development zones and hi-tech development zones where foreign-invested enterprises are relatively concentrated, to be authorized the rights of approving and registering foreign-invested enterprises.Facilitate foreign-invested enterprises to apply for registration in the neighborhood, actively serve for foreign investment transferring to central and western China and increasing investment, and promote coordinated development of regional economies.
(XXIV) Further perfect the long-term mechanism of supervision of foreign-invested enterprises.Make full use of the double advantages of the authorized registration and territorial supervision of foreign-invested enterprises, conscientiously implement the supervision responsibility of the administrations for industry and commerce where the foreign-invested enterprises are located, strengthen territorial supervision of foreign-invested enterprises and promote legal operation and healthy development of foreign-invested enterprises.
(XXV) Practically improve uniformity in administration and law enforcement of foreign-invested enterprises.Supervise and administrate foreign-invested enterprises according to law, and exercise discretion properly.Establish mechanisms of handling complaints from foreign-invested enterprises, actively communicate with organizations such as foreign-invested enterprises aociation and aociation of liaisons for industrial and commercial registration.Earnestly listen to the opinions and suggestions from foreign-invested enterprises, handle the problems reported by foreign-invested enterprises according to law and pragmatically maintain their legal rights and interests.
(XXVI) Further strengthen coordination and corporation between sections concerned.Make efforts to strengthen coordination and communication with related departments so as to solve new problems arising in the examination, approval and registration of foreign-invested enterprise in time.Strengthen information exchanges with related departments to make joint efforts in providing services for the healthy development of foreign-invested enterprises.
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