Laws of the People's Republic of China

State Administration for Industry and Commerce

Circular of the State Administration for Industry and Commerce on Implementing the National Data Linkage and Establishing National Monitoring and Analyzing System for Data of Foreign Investment Registration Administration

Gongshang Waiqi Zi [2005] No.146

To the administrations for industry and commerce of each province, autonomous region and municipality directly under the Central Government:

With the view to mastering and analyzing the situation of foreign investment by foreign countries (areas) and the development of foreign-founded enterprises in China timely, fully and accurately, providing service for the decision-making of the government and the enforcement of administration regulations, promoting the administration on registration of foreign investment to a higher step throughout the country, the State Administration for Industry and Commerce decided to implement the national linkage of the data about foreign capital registration and administration, and to establish the national data monitoring and analyzing system for foreign investment registration administration on this basis. The Notice on relative matters is as follows:

1.

Sufficient attention shall be paid to the importance, difficulty and long-term of this task. Enhancing the monitoring and analyzing on the administrative registration data significantly embodies the fulfillment of the scientific approach of development and the improvement of the capacity of a scientific approach to governance for the administrations for industry and commerce. It is also an important measure for the foreign investment administrative department to perform its duty on facilitating the use of foreign investment and to maintain the national economic security. It's a must in improving the national administration on registration of foreign investment. In order to carry out this task, the current software for registration administration shall be modified and updated; the original database shall be deleted, standardized or reloaded. On the base of those above, the data will be linked, compiled and submitted. It is a tough work for its need for huge workload, highly specialized technique and high level of standardization. Thus, the authorized bureaus are required to pay high attention to it and recognize its significance. The authorized bureaus shall regard it as a key point to the current administration of foreign investment registration and the information construction in the administrations for industry and commerce, and implement it soundly and timely.

2.

It is imperative to strengthen the leadership and establish an institution to make a plan in order to go further, step by step, on a consolidated foundation. Each authorized bureau shall form a leading group headed by the chief of the bureau and participated by those who are responsible for the affairs hereof from the organs of the registration administration of foreign investment and information management. Other relevant workgroups shall be formed as well. According to the requirements and the actual local situation, each bureau shall make a practicable plan for implementation, which shall be based on the current software application of administration on registration, data record and local network connection. By this means, each bureau shall definite the goal, the task, the concerning working procedure and measures to take, which can accordingly divide the work clearly and ensure the specific person responsible for each division. Therefore, the task can be implemented further on a consolidated foundation.

3.

It is imperative to revise and upgrade the registration-administration software and simplify, modernize and complete the database as soon as possible. The modernizing and unifying of the data is the basis of establishing a nationwide foreign capital registration database and accomplishing the long-time monitoring and analyzing. The State Administration for Industry and Commerce particularly formulated The Norms for the Data used for Foreign Capital Registration Administration, Monitoring and Analysis (For Trial Implementation) (annex 1) for this purpose. Each information administration department under authorized bureau shall revise and upgrade the current registration-administration software, in accordance with the data items which are included in this Procedures and the principle of "one data from one source", as soon as possible. The foreign capital administration authority shall devote to simplify, modernize and perfect the local database. The data items, which are provided for in the annex 1 and annex 2(the Submission Approach and the Format of the Foreign Capital Registration Administration, Monitoring and Analysis Data), symbolized with * are the first batch to be uploaded onto the internet for linkage, the modernizing and perfecting of which are required to be accomplished before the end of December.

4.

It is imperative to pursue to collect, transform, deliver and upgrade the data in time. The subordinate authorized bureaus of the county level shall deliver the data to the provincial authorized bureaus to be uploaded to the industry and commerce administration site (http://172.16.1.11) as a whole; the authorized bureaus in the cities specifically designated in the state plan and the cities of vice-provincial level can either upload the data onto the Industry and Commerce Administration Site directly or deliver the data to the bureaus of the provincial level, to be totally uploaded. The measure of submission and the format of submission files shall be in accordance with the requirements as provided in the Submission Approach and the Format of the Foreign Capital Registration, Administration and Monitoring Data. Certain authorized bureaus, which are limited by the circumstances to submit the data in the form of Internet within the specified period, can directly submit to the State Administration for Industry and Commerce after its permission. Each authorized bureau for the administration of information is responsible for gathering and transmitting the data. The first batch of linkage data shall be submitted before the end of January of the next year. From the beginning of next February, each authorized bureau shall finish updating the linkage data monthly within the first 5 working days (temporary provision).

5.

It is imperative to make good use of the database registered for the management of foreign capital in China and the monitoring and analyzing software developed by the General State Administration to deal with the affairs to be monitored and analyzed about managing dates being registered for the foreign capital within the jurisdiction. The State Administration for Industry and Commerce will extend the database and the software to the whole system after the former have been established and the latter skillfully operated. Then, the database registered will be accessible from the Administration for Industry and Commerce Site and the monitoring and the analyzing can be performed as to the foreign capital's register in and out of jurisdiction. Each authorized bureau shall think highly of and develop seriously the affairs about foreign capital's monitoring and analysis, while accomplishing the assignment to submit the database to be uploaded for linkage in a high quality and as is regarded as a key part in the future work and an important feature for the improvement in the level and quality of the foreign capital's utilizing. Each authorized bureau shall provide strong support and good service for the government's policy decision and the supervision to the market closely connected with the practical state of local society and economy, while fully performing the function of the database for the management of foreign capital in China and the monitoring and analyzing software.

6.

The authorized bureau of the provincial level shall strengthen the organization and leadership of the authorized departments within its jurisdiction for the data linkage, to ensure the timely linkage. Each authorized bureau of the provincial level shall organize and allocate the preparation work of the subordinate bureaus within its jurisdiction to ensure timely linkage. It shall submit the list of the name and attachment of the respondents who are in charge of the data linkage and the list of the authorized bureaus which are proposed to directly submit the data under the cities specifically designated in the state plan and the city of vice-provincial level and others, to be totally submitted to the foreign investment registration bureau under the State Administration for Industry and Commerce. (fax: 010-68058004, 68050291)

To ensure the frequency of data linkage, the State Administration for Industry and Commerce shall appoint technical personnel to assist in the work of data submission, transmission, upgrading and equipment adjustment, and propose to organize a working group to examine and supervise the implementing of this circular in some authorized bureaus.

Annex

(1)

The Norms for the Data used for Foreign Capital Registration Administration, Monitoring and Analysis (For Trial Implementation) (omitted)

(2)

Submission Approach and the Format of the Foreign Capital Registration Administration, Monitoring and Analysis Data (omitted)

State Administration for Industry and Commerce

October 9, 2005