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Provisions on Improving the Management of Foreign Investment in Yunnan Province
Article 1 In accordance with the general policy of the state "active, reasonable and effective" utilization of foreign capital, based on national laws and regulations on foreign investment and "Interim Provisions on Guiding the Direction of Foreign Investment", "Catalogue of Industrial Guidance for Foreign Investment", combined with the actual situation in the province, to formulate the provisions of this regulation. Article 2 These regulations shall be the basis for the approval, registration and management of foreign-invested enterprises in Yunnan Province, and shall be conscientiously followed by all localities and departments. Article III of the provincial people's government set up a leading group of foreign investment, the provincial governor as head, deputy governor in charge as deputy head, the provincial government office, Planning Commission, Economic and Trade Commission, Overseas Chinese Affairs Office, Taiwan Affairs Office, Foreign Trade and Economic Cooperation Department, Department of Finance, Department of Construction, Supervision and Inspection Department, Trade and Industry Bureau, Land Bureau, Environmental Protection Bureau, National Tax Bureau, Local Taxation Bureau, Pricing Bureau, Legislative Affairs Bureau, State-owned Assets Administration Bureau, the People's Bank of China Provincial Branches, Bank of China Provincial Branch, Foreign Exchange Bureau, Kunming Customs and so on. Provincial branch of the People's Bank of China, the provincial branch of the Bank of China, the foreign exchange bureau, Kunming Customs and other relevant departments in charge of the leadership as members.

The main functions of the Leading Group are: to study and formulate the province's utilization of foreign capital of major guidelines, policies and measures, coordinate the province's utilization of foreign capital, and review major projects.

The leading group set up an office, the office is located in the Provincial Government Office, the provincial government in charge of the Deputy Secretary General as the director of the Office, the Provincial Government Office, Planning Commission, the Economic and Trade Commission, Foreign Trade and Economic Cooperation, the Construction Department, the Trade and Industry Bureau, Land Bureau, Environmental Protection Bureau of the business director as a deputy director of the leading group responsible for handling the daily affairs of the provincial government's foreign investment work. Article IV to set up a leading group of foreign investment in the approval of the Office, and the leading group of foreign investment in the Office of the Office of the co-location (hereinafter referred to as the "approval of the Office"). Approval of the Office's tasks are: approval of provincial foreign investment projects, review the provincial government authorized approving authority to report the project for the record, review in accordance with national regulations need to be approved by the state of the project. Article V formation of "Yunnan Foreign Investment Consulting Service Center", to provide intermediary services for foreign investment. Its services are: to provide investment advice for foreign investors, project recommendation services; on behalf of foreign-invested enterprises to declare documents and for the establishment of the company's declaration procedures; has been approved for the establishment of foreign-invested enterprises on behalf of the construction period and the production and operation of a variety of approval procedures and related matters. Other intermediary organizations selected by the Provincial Foreign Investment Working Leading Group may also engage in the above services for foreign-invested enterprises. Article 6 The Provincial Supervision Department shall set up the "Complaint Center for Foreign Invested Enterprises in Yunnan Province". The Complaint Center shall receive complaints and handle cases. In case of violation of rules and regulations, the Complaint Center shall refer the case to the administrative and judicial organs for investigation and handling in accordance with law. If the parties concerned request arbitration, the Complaint Center shall assist the parties concerned and deal with the cases according to the arbitration procedure. The Complaint Center shall assist the parties and deal with the case according to the arbitration procedure. The Complaint Center shall supervise the relevant departments to handle the transferred complaints seriously and safeguard the legitimate rights and interests of investors and foreign-invested enterprises in accordance with the law. Article 7 The management committees of localities, states, cities and development zones may set up corresponding approval, management and service organizations with reference to the provincial foreign investment work system. The relevant higher authorities shall adopt such methods as authorization, entrustment or establishment of dispatched agencies and personnel to ensure the implementation of an effective supporting approval, management and service system in each place. Article 8 The Interim Provisions for Guiding the Direction of Foreign Investment and the Catalogue of Industrial Guidance for Foreign Investment formulated by the State are the basic documents for guiding the introduction of foreign investment and should be strictly implemented in all places. In order to give full play to the resource advantages and geographical advantages of Yunnan Province, combined with the actual situation of the province, the "Yunnan Provincial Approval of Foreign Investment Industry Catalog" (Annex) is hereby formulated, and should be implemented everywhere. Article IX of the national industrial policy to encourage and allow projects, each within the authority of the province to authorize the approval of their own. The projects listed in "Yunnan Province Provincial Approval of Foreign Investment Industry Catalog" shall be submitted to the Provincial Approval Office for approval. Where the national industrial policy prohibits projects, any department, unit, individual shall not be organized, foreign investment approval authorities at all levels shall not be approved. Article 10 of energy, transportation infrastructure, comprehensive agricultural development, environmental protection and other large investments, long payback period of foreign-invested projects, approved by the Provincial Approval Office, can be expanded with its related business scope. Article XI in the utilization of foreign capital, must pay attention to the environment, ecology and resource protection, according to the national laws and regulations on environmental protection, environmental impact assessment, the implementation of environmental protection one-vote veto system, to ensure the sustainable development of the economy and society. Article 12 Where in line with the national industrial policy on foreign investment and the provisions of this, and construction, production conditions without the province's unified coordination and balance of productive foreign investment projects, granting the seventeen prefectures, states, cities, Kunming Dianchi National Tourism Resort, Kunming National High-tech Industrial Development Zone, Kunming Economic and Technological Development Zone, Hekou, Ruili, Wanmachi, the three open to the outside world of the three border cities with a total investment of 30 million U.S. dollars The approval authority of the following.

Provincial people's government approved economic and technological development zones, tourist resort management committees approval authority, by the local, state and municipal governments according to the actual situation accordingly.

Any project that requires a province-wide balance of construction and production conditions shall be submitted to the Provincial Approval Office for approval.

Any foreign-invested projects involving quotas and licenses shall first be declared to the Provincial Department of Foreign Trade and Economic Cooperation and, according to the provisions of the national hierarchical management, be approved before they can be approved in accordance with the approved authority for approval on their own. Article 13 Any project proposal and feasibility study report shall be exempted from approval if it conforms to the national industrial policy on foreign investment and these regulations, and is one of the following:

(1) wholly foreign-owned enterprise;

(2) Sino-foreign joint venture and cooperative enterprise applied by an enterprise without state-owned assets;

(3) productive project of the encouraged category in the national industrial policy, with the total investment amount under less than 5 million U.S. dollars, do not need the government to coordinate the arrangement of funds, do not need the province's comprehensive balance of its construction and production conditions projects;

(d) do not need the government to arrange funds for non-productive projects with a total investment of less than 3 million U.S. dollars (except hotels).

Foreign-invested enterprises that are exempted from approving project proposals and feasibility study reports will be able to go through all the formalities during the construction period with the certificate of approval of the enterprise and the industrial and commercial business license.