Laws of the People's Republic of China

General Office of the Ministry of Commerce

Circular of the General Office of the Ministry of Commerce on Setting up An Information Database of Foreign Investment Intention of Enterprises

Shang He Zi [2003] No. 39

November 28, 2003

The foreign trade offices (commissions or bureaus) and business affairs offices or bureaus of all provinces, autonomous regions, municipalities directly under the jurisdiction of the Central Governments, and cities directly under the state planning, as well as Xinjiang Production and Construction Corps, and all the enterprises directly under the jurisdiction of the Central Government:

In order to facilitate the implementation of the "Going out" strategy, strengthen services on foreign investment information, and find out the trends of foreign investment of Chinese enterprises in time, as well as better direct and coordinate relevant work, this Ministry has hereby decided, upon approval, to establish an information database of foreign investment intention of enterprises (hereinafter referred to as the "Information Database") on the sub-website of the Department of Foreign Economic Cooperation subject to the government website of the Ministry of Commerce, and hereby make the following notice on relevant matters concerned:

I.

The major role of the Information Database to be established shall include: publicizing information on the foreign investment intention of the Chinese enterprises, and providing an information platform for various domestic and foreign institutions and enterprises to know each other and communicate with each other, with a view of promoting investment information exchange between the Chinese enterprises and foreign enterprises, and facilitating the development of foreign trade and economic cooperation business of our country. Enterprises applying for participating in the Information Database may download the "Registration Form of Overseas Investment Intention of Enterprises"(see Attachment) from the sub-website of the Department of Foreign Economic Cooperation subject to the government website of the Ministry of Commerce (http://www.mofcom.gov.cn), and send it to the departments in charge of foreign trade and economy of the corresponding province or municipality after having it filled out in accordance with facts, annexed seal of the enterprise, and attached necessary materials.

II.

Requirements for an enterprise filing an application

1.

Economic entities registered within the territory of China (excluding Hong Kong, Macao, and Taiwan Province) according to law, which have the qualifications of a legal entity;

2.

The registered capital of the enterprise is not less than 10 million Yuan (RMB) and the enterprise has made profits in three consecutive years; and

3.

The amount of foreign intention investment of a single project is more than one million US dollars.

III.

The documents required for the application

1.

Photocopy of the business license of an enterprise;

2.

The financial statement of an enterprise in three consecutive years; and

3.

Registration Form of Foreign Investment Intention of Enterprises.

IV.

Information Examination and Verification and Release All the local departments in charge of foreign trade and economy shall pay great attention to the work from the high prospective of facilitating the implementation of the "Going out" strategy, actively diffuse and disseminate to the enterprises the functions and effect of the Information Database on their own initiatives, and earnestly organize the work for application and report, examination and approval, statistics and report of the information on local foreign investment intention. For those information reported by the enterprises, which comply with the requirements after examination and verification in accordance with prescribed requirements, the departments shall have them collected and classified according to industries, and sent them to the division of research & development on foreign processing under the Department of Foreign Economic Cooperation of the Ministry of Commerce by both email and post, the email addresses are:

hzjg@mofcom.gov.cn, chenwenlin@mofcom.gov.cn

The Ministry of Commerce shall be in charge of publicizing the above-mentioned information in the "Information Database of Foreign Investment Intention of Enterprises". In principle, the time for reporting and sending the information shall be the last ten-day of May up to the last ten-day of November every year, and the time for publicizing the information shall be the last ten-day of June up to the last ten-day of December every year. Whenever necessary, the information may be supplemented or modified irregularly.

The follow-up and statistical work for the investment intention information publicized by each region shall be properly done, and the information shall be verified and updated in time in accordance with the progress of foreign investment of enterprises, so as to secure the accuracy and effectiveness of the information.

All the enterprises directly under the jurisdiction of the Central Government shall report and send their information directly to the Ministry of Commerce by the ways mentioned above.

V.

The Department of Foreign Economic Cooperation of the Ministry of Commerce shall be in charge of the construction of and supervision over the above-mentioned Information Database. It may, in addition to releasing the above-mentioned information through the government public websites, upon the need of the work, provide such services as the relevant information of different countries on attracting foreign investment, opportunities for enterprise investment negotiation, and training of policies of different countries on foreign investment, as well as providing special knowledge training, etc., and promote the implementation of investment cooperation projects through organizing enterprises to make overseas investigation.

The Ministry of Commerce welcomes all kinds of domestic and foreign organizations, institutions, enterprises and individuals to provide opportunities and assistance to the Chinese and foreign enterprises, and provide investment cooperation information and consultation services.

Attachment: Registration Form of Foreign Investment Intention of Enterprises.

htm/e03289.htm

Attachment:

 Registration Form of Overseas Investment Intention of Enterprises

Remarks:

               1. The “Investment Industry” shall be filled in with: import and export trade, transportation, tourism, engineering contracting, research & development, consultation, machinery manufacture, electronic and home appliances, light industry, textile, garment processing, agriculture development, development of petrol and natural gas resources, development of mineral resources, smelting, fishery, real estate development, investment and shareholding, and others.

               2. The present Form may be downloaded from the internet and copied, the part of the brief introductions to projects and enterprises may be added Attachment pages.

               3. The ways of investment may be divided into: newly established, merger and share holding; the unit of the amount of investment shall be: Ten Thousand Dollars.