China News Service, March 11th. The National Development and Reform Commission's website issued a notice on the 11th, calling on all localities to actively assist foreign-funded projects and foreign-funded enterprises to resume work and resume production, strengthen the tracking of major foreign-funded projects, and comprehensively implement a negative list management system for foreign-funded access. Stabilizing foreign investment at present and for a period of time to promote the stability of foreign investment.
Data chart: A foreign-funded company resumed work and resumed production. China News Agency reporter Chen Wenshe
In order to implement the decision-making arrangements for the prevention and control of the new crown pneumonia epidemic and economic and social development, to further implement the "Foreign Investment Law" and supporting regulations, and to strengthen reforms, the National Development and Reform Commission recently released the National Development and Reform Commission's response to further deepening reforms in the epidemic situation. The Notice on Related Work of Foreign-invested Projects "does a good job in the following 11 aspects.
I. Actively assist foreign-funded projects and foreign-funded enterprises to resume work and resume production. Development and reform commissions at all levels must coordinate the prevention and control of epidemic situation and resume production, and take foreign projects and resume production as important tasks. For projects that have already been put into production, we need to help coordinate issues such as returning to work, logistics, and supplies, and restore production capacity as soon as possible. For projects under construction, it is necessary to do a good job of project construction guarantee and approval matters, and strive to not affect the overall project progress. For early-stage projects, it is necessary to innovate working methods, support project parties to handle various procedures remotely, and enter the implementation phase as soon as possible. It is necessary to take the initiative to contact foreign-funded enterprises to coordinately resolve the obstacles to resumption of production and production. For key foreign-funded enterprises, we must adopt “one-to-one” precision assistance, and actively respond to the problems of industrial chain coordination and resumption of work reflected by foreign-funded enterprises, and report to the National Development and Reform Commission in a timely manner when inter-provincial coordination is involved.
2. Strengthen the tracking reserve of major foreign investment projects. Development and reform commissions at all levels should actively do a good job of investment promotion in accordance with their functions, strengthen docking with development zones and investment promotion departments, and improve the tracking and reserve mechanism for major foreign investment projects. Among them, for foreign investment projects in the manufacturing and high-tech service industries with a total investment of more than US $ 1 billion, if they involve the coordination of national ministries and commissions, the provincial development and reform commission shall report to the National Development and Reform Commission in a timely manner, which meets the conditions. According to the procedures, it will be included in the special class coordination of major foreign investment projects. Projects with advanced technology, medical and epidemic prevention, key areas, or central and western regions and northeastern regions can be moderately relaxed.
Third, coordinate and advance major foreign investment projects. Projects that are included in the coordination of major foreign-funded project work classes will be given policy support by the special work classes and related departments, and will be promoted in coordination with the government where the project is located. Development and reform commissions at all levels must actively coordinate and advance major foreign investment projects at the local level to ensure that the elements follow the project. The development and reform commissions of key provinces and municipalities that utilize foreign capital shall promote the establishment and improvement of special classes for major foreign capital projects at the local level, formulate project lists and work plans, strengthen linkages at all levels and collaboration among departments, establish green channels, and promote projects to land as soon as possible. Through the work of major foreign-funded projects, we will improve the service level of foreign-funded projects in an all-round way.
Fourth, the comprehensive implementation of the negative list management system for foreign investment access. For foreign investment projects other than the negative list of foreign investment access (hereinafter referred to as the negative list), foreign investment access restrictions shall not be set separately. Except for domestic and foreign investment projects that are required to be approved in the "List of Investment Projects Approved by the Government", other foreign investment projects are subject to Local development and reform commissions implement localized filing management. For foreign-funded new construction projects or mergers and acquisitions projects that involve fixed asset investment within the negative list, approval procedures should be completed in accordance with regulations such as share ratios and senior management requirements. Among them, projects with a total investment of USD 300 million and above were approved by the National Development and Reform Commission, and projects below USD 300 million were approved by the provincial Development and Reform Commission. Foreign investment projects settled in the Pilot Free Trade Zone shall be implemented in accordance with the negative list of the Pilot Free Trade Zone.
Fifth, improve the degree of facilitation of foreign-funded projects. All foreign-invested projects on record are subject to notification filing management. The filing authority has adopted the National Investment Project Online Examination and Approval Supervision Platform (hereinafter referred to as the online platform), and before the implementation of the project receives the basic project information provided by the project unit and completes the filing. The basic information of the project includes the project unit, project name, project location, project content, investment scale, investor and country, amount of investment and proportion of investment, compliance with the negative list and industrial policy statement. The filing certificate can be printed by the project unit through the online platform.
6. Simplify the approval procedures for foreign investment projects. The project unit submits the project application report. In addition to the prescribed content, it is not necessary to attach the company's financial statements, capital credit certificates, environmental impact assessment approval documents, energy conservation review opinions, and state-owned asset investment confirmation documents. Except as otherwise provided by laws and administrative regulations, the approval procedures for foreign-invested projects may be processed in parallel with other permit procedures. Promote remote processing in an all-round way. Where conditions permit, we must accelerate the improvement of the online platform's receiving and sending functions to achieve paperless processing. For places that do not meet the requirements for the time being, we can send and receive by mail to achieve in-person processing. During the epidemic situation, if there is any difficulty in handling the relevant attachments to the application materials, the approving authority may accept the vacancy and handle it first.
7. Optimize the tax exemption confirmation process for imported equipment for encouraged foreign investment projects. For encouraged foreign investment projects that fall within the scope of the "Industrial Catalogue for Encouraging Foreign Investment", tariff-free policies will continue to be implemented for imported equipment for self-use within the total investment. Encouraged foreign-funded projects above the quota, the reporting link below the provincial level is cancelled, and the project unit directly submits an application for tax exemption to the provincial development and reform commission, which is submitted to the national development and reform commission after the preliminary review by the provincial development and reform commission. During the epidemic period, items that cannot be identified due to supply chain problems for the time being can not be accepted. The relevant materials can be submitted to the National Development and Reform Commission through the vertical network to initiate the processing procedure.
8. Protecting the legitimate rights and interests of foreign investment projects. Filing and approval agencies for foreign-funded projects shall follow the principles of convenience and efficiency, and disclose the procedures, conditions, and time limits for the filing and approval of foreign-funded projects, and shall not increase the requirements for review, exceed the processing time, or illegally interfere with foreign investment autonomy. Filing of foreign-funded projects, approving agencies and their staff shall not use administrative means to force or disguise technology transfer in disguise. Commercial secrets learned during the performance of duties shall be kept confidential in accordance with law. All policies supporting enterprises and projects shall be equally applied to domestic and foreign-funded enterprises and domestic and foreign-funded projects.
9. Strengthen the visiting service to foreign-funded enterprises. Development and reform commissions at all levels should strengthen communication with foreign-funded enterprises and foreign-funded enterprise chambers of commerce, publicize and interpret policies and regulations, listen to suggestions from foreign-funded enterprises and chambers of commerce to improve the investment environment in the region, and actively respond to corporate concerns. It is necessary to regularly visit foreign-funded enterprises and foreign-funded projects, gain in-depth understanding of production and operation and investment invitations, strengthen situation analysis, coordinate and solve problems, and promote the improvement of investment promotion and facilitation in the region to stabilize foreign investment policies and measures. In formulating policies related to foreign investment, opinions of foreign-funded enterprises should be solicited in the form of forums and written submissions, due consideration should be given to the actual situation of transnational investment, and domestic and foreign investment should be treated equally and equally.
X. Improve post-event supervision of foreign-funded projects. Filing and approval agencies for foreign-funded projects should strengthen coordination with relevant government departments at the same level. In accordance with the principles of who approves and supervises, and who supervises and supervises, the project supervision should be improved by “double random and one disclosure”. Supervision and inspection should be incorporated as far as possible Joint cross-sectoral spot checks to avoid duplication of checks and increase the burden on enterprises. The Provincial Development and Reform Commission shall conduct spot checks on registered foreign investment projects through online methods, strengthen the supervision and inspection of the implementation of the negative list, and report any violations of the provisions of the negative list in a timely manner and handle them in accordance with the law.
11. Further expand the scope of encouraging foreign investment. In the near future, the National Development and Reform Commission will work with the Ministry of Commerce and other departments to revise the Catalog of Encouraging Foreign Investment Industries. This revision intends to further expand the scope of encouragement, promote both increase and stability, focus on promoting the high-quality development of manufacturing, and bring into play the potential of undertaking industrial transfer in the central and western regions and the northeast region. The Provincial Development and Reform Commission is requested to take into account the actual situation in the region, and in conjunction with relevant departments of commerce and other relevant departments to study and put forward the suggestions for the "Encouragement of Foreign Investment Industries Catalog" according to the situation of investment invitation, foreign investment projects and foreign enterprises, and industrial development directions. Before March 17, report to the National Development and Reform Commission.