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PROCEDURES FOR INVESTMENT APPLICATION ¢ñ. Examination and Approval of the Project1. Submission for examination and approval of listing the project on the plan Time limit: 5 days. Departments-in-charge: the Planning Commission, the Economic Commission at all l evels. After signing the cooperation intention or agreement between sino-foreign partie s, the foreign-invested enterprises should come to the local Planning Commission for examination and approval of listing the project on the plan within 2-3 mont hs. The projects of enterprise technical innovation should be submitted to the E conomic Commission. Following documents should be provided while submitting the application: 1) Project Application 2) Letter of proposal (or the application form for solely foreign-owned enterpri se) and feasibility study report for the project 3) Letter of Agreement on joint venture or cooperation 4) Notice on the enterprise's name approved by the industrial and Commercial Bur eau 5) The Chinese joint venturer which is a state-owned enterprise with the present fixed assets as the investment should have an evaluation report for the assets confirmed by the local state-owned asset management authority 6) Certificates of the identification and credit of the investors 7) The opinion of site, disigning condition and blue-line-marked map of project approved by the construction department. 8) The lease contract of the factory building or The pre-examination letter of L and reservation 9) Suggestion of environmental protection initiative consideration 10) The opinions of the administrative department-in-charge for some special ind ustrial sectors 2. Environmental influence statement for examination Time limit: 7 days The department-in-charge: The Environment Protection Bureau at all levels While submitting the application, the foreign-invested enterprises should presen t environmental influence statement form to the Environment Protection Bureau in accordance in regular procedures. The examination for the environmental influen ce statement form of non polluted or light-polluted projects should be done with listing the project on the plan at the same time. Following documents (form) for examination: 1) Application Forms of environmental influence 2) Letter of proposal and report of feasibility study for the project 3) Technical data of environmental protection 4) Supposed-to-be location of the project and relevant materials 3. Submitting the contract and articles of association (Solely-foreign-funded en terprises are reqired to hand in the articles only) Time limit: 7 days Department-in-charge: the Foreign Economic Relations and Trade Commission at all levels 1) Following documents are required for the sino-foregn joint venture or coopera tion enterprises a. The project proposal report and feasibility report, contract, articles of ass ociation, name list of the board of directors b. The approval file issuse by involved authorities on feasibility report at all lever c. The business license and credit liability certificate of the joint venture pa rties d. The authorized letter and authentication of the members of the board issued b y each parties, the Chinese ventuers need the authentication of non-CPC member o r non-administrative officeholder as well e. Lease contract of the factory building or Letter of Land reservation issued b y the land administration department f. Notice on the enterprises' name approved by the Industrial and Commercial Bureau g. The certificate for the Chinese venturers' investment h. The Chinese joint venturer which is a state-owned enterprise with the present fixed assets as the investment should have and evaluation report for the assets confirmed by the local state-owned asset management authority. The collective e nterprises should attach the opinions from the administrative department-in-char ge. 2) Following documents are required for the solely-foreign-funded enterprises a. The application form, articles of association, feasibility report, name list of the board of directors and management institution b. The application report of the investor and the approval file issued by the au thority administration c. The business license of the overseas companies and the certificate of the cre dit liability and the identification of the investors d. The authorized letter of the legal representative authentication and the memb er of the board of directors issued by the investors e. Lease contract of the factory building or Letter of Land reservation issued b y the land administration department f. Notice on the enterprises' name approved by the Industrial and Commercial Bur eau g. The environmental evaluation statement issued by the environmental protection Bureau 4. Application for the approval certificate for the foreign-invested enterprises Time limit: 7 days Department-in-charge: the municipal Foreign Economic Relations and Trade Commiss ion All the documentation for the approval application and the approval permission f ile should be submitted ¢ò. Registration 1. Registration for industrial and commercial administration Time limit: 6 days Department-in-charge: The Municipal Industrial and Commercial Bureau After receiving the certificate of approval, the foreign-invested enterprises sh ould come to the administrative organization of registration to get through the registration formalities and get the business license within 30 days. Documents required for the registration: 1) The foreign-funded enterprise registration application signed by the presiden t and the vice-president of the board 2) The contract, articles of association, certificate and files for approval iss ued by the involed authorities 3) The project proposal, feasibility report and their approval files 4) The authentication of investors' legal business operation 5) The credit liability authentication of investors 6) The name list of the board of the directors and the identification of the mem bers of the board, general managers, vice-general managers designation 7) The registration forms of enterprise name 8) The authentication of the legal enterprise location 9) The special approval files involved with the special industries 2. Registration for tax administration Time limit: 3 days Department-in-charge: the Taxation Bureau at all levels. After getting the business license, the foreign-invested enterprise should come to the tax authority with contract, articles of association and business license to get through registration formalities for tax administration within 30 days. 3. Registration for the customs Time limit: 3 days Dpartment-in-charge: the Customs After getting the business, the foreign-invested enterprise should come to the C ustoms for registration within 30 days with the following certificates in tripli cate: 1) The duplicate or the copy of the approved certificate 2) The duplicate of the copy of the business license of the enterprise (seal by the originally-approved organization) 3) The contract and articles of the enterprises 4) Letter of economic guarantee and the certificate of opening account from the bank whenever deemed as necessary 5) Letter of application for registration 4. Registration for foreign exchange Time limit: 2 days Department-in-charge: the local Administration Bureau of Foreign Exchange Contro l After getting the business license, the foreign-invested enterprise should come to the Bureau for registration within 30 days with the following documents: 1) T he approved documents of listing the project on the plan, contract and articles of assoctiation 2) Business License 3) The approval certificate 4) The enterprise code certificate 5. Opening account in the bank Time limit: 1 day The foreign-invested enterprises can turn to the local commercial bank to get th rough the formalities of opening account for foreign exchange with the notice an d the registration certificate issued by the local administration of foreign cur rency control and opening account for RMB with the business license and code cer tificate of the enterprise ¢ó. Examination and Approval of the Use of Land Department-in-charge: the Bureau of Land Administration at all levels 1. The non-gratuitous land-use right transfer the land administrations of the co unty and the municipality transfer the right to use the state-owned land in the form of agreement, bid and auction while the foreign-invested enterprise get the land-use right as the transferees. a) The transferor and the transferee sign the contract of the transfer right to use the state-owned landb) After the transferee pays according to the contract, the transferor delivers the land, handles the land registration, and issues the certificate of the land-use rightc) The transferee establishes and enterprise according to the regulations concerned, gets through registration formalities, and engaged in the developmen t and business of the land according to the contract regulations 2. The use of the original land of the domestic enterproses by Sinoforeign joint ventures or co-operative enterprises. 1) The joint ventures or co-operative of the Chinese venturer can apply at the B ureau of Land Administration of the county or the municipality for the use of th e land with the following documents: a. The approval documents of the project b. The enterprise approval certificate c. Business license of the enterprise d. The planning and designing conditions, the expansion program layout e. License of the land-use plan of the construction 2) The sino-foreign joint venturers sign the contract of the use of the land 3) Getting through the registration formalities for the change of the land-use r ight, changing the certificate of land-use right 3. procedure for approval of the exploitation of joined-area land 1) A letter of proposal for the project made by the people's government of the c ounty or city shall be submitted to Quanzhou Municipality and transferred to the Provincial People's government or the State Council for examination and approva l 2) The investors establish the enterprose for development in accordance with the regulations 3) The Bureau of Land Administration of the county or the shall be responsible f or taking over the land, formulating the plan of settlement, and submitting or a pproving" the Contract Draft of transferring the right to use the state-owned la nd" according to its power 4) The Bureau of Land Administration of the country or the municipality sign the contract of the land-use right with the developers 5) The developing enterprises pay the tax concerned according to the contract wh ile the Bureau of Land Administration handles the registration of the land-use r ight and issuse the certificate of the land-use right upon examination 6) The developing enterprise formulat the developing plan, feasibility report, a nd environmental influence statement and submits them to the Provincial Peopl's Government for examination and approval after being examined by the People's Gov ernment of the Country and the municipality 7) The enterprise carries out the development according to the aproved plan. If it meets the regulations of the contract, the right to use the land can be trans ferred with the approval of the Bureau of Land Administration. ¢ô Procedure for the Application of the Project plan and construction 1. Location for the project sites: Department-in-charge: the Urban-rural Construction Planning Bureau of the Constr uction Commission at all levels Documentation for application of the project location 1) The recommendation letter from the applicant institution, the file on the entrustment by the legal person, the indentification of the person for contact in accordance with the construction wo rkplace 2) The application report, project proposal report, construction projects planni ng objective report (including feasibility report, files on approval of investme nt). The real estate sectors are required to present the proof file of the under -construction of the first site when they apply of the first site when they appl y for the location of another site. 3) The opinion from the department-in-charge 4) The certificate of the project fund, enterprise credit 2. Application for ¡¶The Proposal Report on the Construction Project Location¡·D epartment-in-charge: the Urban-rural Construction Planning Bureau or the Constru ction Commission at all levels Documentation for the application of the project location 1) The recommendation letter from applicant institution the file on the entrustm ent by the legal person, the identification of the person for contact in accorda nce with the construction workplace 2) Surveying Relief Map (1:500) (in quintuple) provided by the Bureau Consultin g Service Agency or the Designing and Surveying Team 3) The application form for ¡°The Statement of site of location¡± 4) If the projects located within the regions such as scenic resortsm, important facilities, relics and historical sites, confidential spots, the proposal repor ts provided by the involved institution are required to be issued. 3. Application for the license of Land-use plan for construction Department-in-charge: the Urban-rural Construction planning Bureau or the Constr uction Commission at all levels 1) The recommendation letter from applicant workplaces, the file on the entrustm ent by the legal person, the identification of the person for contact in accorda nce with the construction workplace 2) Surveying Relief Map (1:500) (in quintuple) provided by the Bureau Consulting Service Agency or the Designing and Surveying Team (ten copies) 3) Approved general program maps (including one general layout marked by the blu e-lined map (original piece) and the specific design map for major building in t ripliate) 4) The memo on examination for the general layout 5) "The Statement of location of location" or notices for location (copy) 6) To fill in the application form 4. Applying for examination and approval of the design Department-in-charge: The Construction Commission at all levels. The construction workplace should provide: 1) The report on the design for exami nation and approval 2) The approved documents of the feasibility study report for the project. 3) Environmental influence evaluation statement 4) The license of the land-use program for constunction (including the design of the major part and red-line-marked map.) 5) The design document formulated by the designing workplace conditionally-match with the construction. The department-in-charge should be responsible for: 1) Organizing the unified examination of the raw disign 2) Formalities of the approval of the design after revision 5. Application for the license of the project construction engineer planning Dep artment-in-charge: The Construction Commission at all levels. Documentation Required: 1)The report on the design for examination and approval 2)The license of Land-use Plan for Construction; Red-line-marked land-use projec t map (copy) 3)The Annual PLan issued by the PLanning Commission and the License for investme nt 4)Land-for-construction License issued by the Land Administration and the bounda ry-lined map and the property right authentication provided by the Department-in -charge. 5)Project Construction PLanning Objectives Report 6)The general layout and the further design map of the major parts approved by t he land administration bureau. 7)The memo of the examination of the plan-inspection session and the expanded or iginal design session of project. 8)The working blueprint formulated by the design authority conditionally-match w ith the construction workplaces according to the general-layout requirement appr oved by the Bureau. (in triplicate) including one general layout marked on the r ed-lined land map (orginal piece) 6. Application for the license of construction Time limit: 10 days Department-in-charge: the Construction Commission at all levels The construction workplaces are required to provide: 1)The complete set of construction design (original piece) 2)The license for construction project program 3)The license for investment of project construction issued by the Planning Comm ission 4)The formality for project bid 5)The qualification certificate for the construction workplace and the construct ion contract proved by the Commercial and Business Administration. 6)The relevant certificate of the project security and the quality inspection 7)The record of the construction design blueprint and the technology presentatio n 8)The registration formalities of the newly-initiated project (fixed asset) 9)The fee-paid certificate The department-in-charge is responsible for issuing the Project Construction Lic ense. 7. Application for the check and acceptance of the completion of the constructio n The department-in-charge: the Construction Commission at all levels The construc tion should provide: the Construction Commission at all levels The construction should provide: 1)The report on applying for the acceptance of the completion of the constructio n 2)The self-examination report from the construction workplaces 3)The examination report on the project quality from the quality supervision wor kplace 4)The report on trial production (for industrial sectors) 5)File certificate of the completion 6)The involved examination and approval formalities of the essence construction (copy piece) 7)The special check report or memo issued by the Fire or the Environment Protect ion Bureau The department-in-charge organize the institution concerned for the check and ac ceptance and countersigning the check and acceptance forms and approving the qua lity grade. Appendix: The time limit for the examination and approval of the project program (the time for the design approving, the application for the construction and th e inspection of the project accomplishment) 1)To accept the case 8 days; 2)To locate the site of the project 10days; 3)To de termine the design condition 10 days; 4)To hold the general layout inspection se ssion and issue the memo 25 days; 5)To mark the map of project by red lines 15 d ays; 6)To issue the land-use program license 5days; 7)To determine the design th e major demand 10 days; 8)To hold examination session of the project program and issue the memo 21 days; 9)To inspect the expand original design and the working blueprint 10 days; 10)To sign the sample inspection list 5 days; 11)To issue th e project construction license 3 days |
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