境外投资项目核准暂行管理办法 Verification and Approval of Overseas Investment Projects Tentative Administrative Pr

t have been verified and approved shall be included in the total amount of investment in the project.

　　Article 15　If a verified and approved project is in any of the following circumstances， an application for amendment shall be made to the National Development and Reform Commission：

　　1. there is a change in the establishment scale， main establishment particulars or main products；

　　2. there is a change in the place of establishment；

　　3. there is a change in an investor or equity； or

　　4. the investment of the Chinese party exceeds the investment amount originally verified and approved by 20% or more.

　　The procedure for verification and approval of amendment shall， mutatis mutandis， be handled according to the relevant provisions of this Part.

　　PART FOUR　PROJECT APPLICATION REPORTS

　　Article 16　Project application reports submitted to the National Development and Reform Commission shall include the following particulars：

　　1. the project name and the basic details of the investors；

　　2. background information of the project and the details of the investment environment；

　　3. the scale of establishment of the project， main establishment particulars， products， target market（s）， and the benefits and risks of the project；

　　4. total investment in the project， capital contribution of each party， method of capital contribution， financing plan and amount of foreign exchange used； and

　　5. in case of merger and acquisition or equity participation project， the specific details of the company involved in the merger and acquisition or equity participation shall be stated.

　　Article 17　Project application reports submitted to the National Development and Reform Commission shall be accompanied by the following documents：

　　1. the resolution of the company‘s board of directors or relevant resolution on capital contribution；

　　2. supporting documents for the Chinese and foreign partners‘ assets， operation and creditworthiness；

　　3. a letter of intent for financing issued by a b

ank；

　　4. where the capital contribution is made in the form of assets and rights such as negotiable securities， physical objects， intellectual property rights or technology， equity or claims， etc.， the amount of capital contribution shall be determined on the basis of the assessed value or fair value of the assets and rights. An asset valuation report issued by an intermediary institution with the corresponding qualifications such as accounting firm and asset valuation institution， or other documents from a third party that can prove the value of the relevant assets and rights， shall be submitted；

　　5. in the case of projects that involve submission of bids， merger and acquisition or equity or cooperative joint ventures， documents signed by the Chinese and foreign parties such as letters of intent or framework agreements； and

　　6. in the case of projects that involve competing in a bid overseas or acquisition， an information report shall be submitted according to Article 13 hereof together with the relevant confirmation letter issued by the National Development and Reform Commission.

　　PART FIVE　VERIFICATION AND APPROVAL CRITERIA AND EFFECTIVENESS

　　Article 18　The criteria for verification and approval of a project by the National Development and Reform Commission shall be：

　　1. the project complies with State laws and regulations and industrial policies， does not endanger national sovereignty， national security or the public interest nor violate the principles of international law；

　　2. the project complies with the requirements of sustainable economic and social development， and is beneficial to the development of strategic resources required for national economic development. It complies with the State requirements on the adjustment of industrial structure， promotes the export of domestic technology， products， equipment and labour with comparative advantage， and attracts advanced foreign technology；

　　3. the project complies with the State provisions on administration of capital accounts and foreign debt； and

　　4. the Investment Entity has the relevant investment strength.

　　Article 19　The Investment Entity shall， on the strength of the verification and approval document issued by the National Development and Reform Commission， carry out the procedures in regard to foreign exchange， customs， entry and exit administration and tax， etc. in accordance with the law. The enterprises administered by the central government specified in Article 6 hereof shall， on the strength of the proof of record filing issued by the National Development and Reform Commission， carry out the aforementioned procedures.

　　Article 20　Before signing any document relating to overseas investment projects that are legally binding， an Investment Entity shall obtain a project verification and approval document or proof of record filing issued by the National Development and Reform Commission.

　　Article 21　The verification and approval document issued by the National Development and Reform Commission shall stipulate the term of validity of the document. Within the term of validity， the verification and approval document shall be the basis for carrying out the procedures listed in Article 19 hereof by the Investment Entity. After the expiration of the term of validity， the Investment Entity shall， when carrying out the aforementioned procedures， at the same time present the document issued by the National Development and Reform Commission that grants an extension.

　　Article 22　The foreign exchange control， customs， tax departments， etc. shall not handle the relevant procedures for overseas investment projects that have not been verified and approved or filed for record by the competent authority.

　　Article 23　If an Investment Entity has obtained a project verification and approval document or proof of record filing through improper means such as s

ubmission of false materials， the National Development and Reform Commission may revoke the verification and approval document or proof of record filing for such project.

　　Article 24　The National Development and Reform Commission may supervise and inspect the implementation of projects by Investment Entities and the verification and approval of overseas investment projects by provincial-level development and reform departments， and shall handle verified issues in accordance with the law.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 25　All provincial-level development and reform departments shall formulate corresponding procedures for the administration of verification and approval in accordance with the provisions hereof.

　　Article 26　Verification and approval of investment projects conducted overseas by natural persons and other organizations shall， mutatis mutandis， be handled according to these Procedures.

　　Article 27

　　The National Development and Reform Commission shall be responsible for interpreting these Procedures.

　　Article 28　These Procedures shall be effective as of 9 October 2004. In the event of a conflict between previous regulations on examination and approval of overseas investment projects and these Procedures， these Procedures shall prevail

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/