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Interim Measures for the Examination and Approval of Foreign-invested Enterprises in Gansu Province

chapter I general provisions article 1 these measures are formulated in accordance with the laws, regulations and relevant policies of the state in order to improve the investment environment, improve work efficiency and facilitate foreign investors to invest and set up foreign-invested enterprises in our province. Article 2 These Measures shall apply to all Chinese-foreign equity joint ventures, Chinese-foreign cooperative enterprises and foreign-funded enterprises (hereinafter referred to as foreign-invested enterprises) that apply for establishment in our province. Article 3 The establishment of a foreign-invested enterprise shall conform to the national industrial policy and investment orientation, and conduct investment and operation according to the investment orientation. Article 4 The establishment of a foreign-invested enterprise shall be carried out according to the following procedures:

1. Submit the project proposal and feasibility study report for approval;

2. Submit the contract and articles of association for approval;

3. issue the approval certificate;

4. Apply for enterprise legal person registration; Chapter II Projects Article 5 The examination and approval departments of project proposals and feasibility study reports are the Provincial Planning Commission, the departments authorized by local administrative offices and state and municipal people's governments, provincial departments and bureaus, and the development community management committees determined by the province.

projects with a total investment of more than USD 5 million shall be examined and approved by the provincial planning commission.

projects with a total investment of less than $5 million, in which capital, raw materials, energy and import and export matters need not be balanced, can be examined and approved by authorized departments of local administrative offices, state and municipal people's governments and provincial competent departments and bureaus, and reported to the Provincial Planning Commission for the record. The development community management committee determined by the province can examine and approve projects with a total investment of less than $11 million.

projects with a total investment of more than USD 11 million shall be submitted to the State Planning Commission for approval after preliminary examination by the Provincial Planning Commission. Article 6 For general projects approved by the Provincial Planning Commission, the applicant (the Chinese side of the joint venture) shall submit the feasibility study report of the project to the competent department and the competent department of industry. After the preliminary examination by the competent department and the competent department of industry, the competent department shall report it to the Provincial Planning Commission in five copies. Foreign-funded enterprises shall be declared in quintuplicate by the investor himself or the client directly to the Provincial Economic and Trade Commission. Projects involving license and quota management shall be approved by the Provincial Economic and Trade Commission before examination and approval. The proposal and feasibility study report for special projects were submitted for approval. Seventh departments in charge of receiving the project proposal and feasibility study report within 11 days after the provincial planning commission to report the preliminary examination opinions. The competent department of industry shall, within 11 days after receiving the report of the project and the feasibility report, send a written opinion of approval or disapproval to the Provincial Planning Commission. More than 11 days shall be deemed as consent. Article 8 For a project with a total investment of $511-111 million, if the external supporting conditions do not need to be solved by the examination and approval department in a balanced way, the examination and approval form and explanation can be filled in according to the requirements in Annex (1) of these Measures, and the project proposal and feasibility study report will not be submitted separately after being examined and approved by the provincial competent department or the state or municipal people's government or the regional administrative office. For projects with a total investment of less than US$ 511,111 and self-financing balance, the examination and approval procedures will be further simplified. After the applicant applies to the foreign investment management department of the government with the contract and articles of association for the approval certificate, he can directly go through the industrial and commercial registration and file it with the planning and economic and trade departments. Article 9 The examination and approval department shall decide whether to approve or disapprove within 11 days after receiving the necessary documents. Special circumstances can not be approved within the above time limit, the examination and approval department shall inform the applicant in advance and file with the provincial foreign investment management office (hereinafter referred to as the foreign investment office). Article 11 When the project examination and approval department requests the project applicant to provide supplementary information, the applicant shall not refuse to provide it. Article 11 Local administrative offices, state and municipal people's governments, provincial departments, bureaus and provinces shall determine the development community management committees, and serve the project filing documents to the Provincial Planning Commission within 11 days after approving the project feasibility report. The Provincial Planning Commission may, within 11 days after receiving the filing documents, designate a retrial or revoke the approval documents if there is any objection. Twelfth projects that are not approved by the examination and approval departments below the provincial level, the applicant may request the Provincial Planning Commission to review. For projects that are not approved by the Provincial Planning Commission, the applicant may request a review from the Provincial Foreign Investment Office. Chapter III Examination and Approval Article 13 Enterprises with foreign investment shall prepare contracts and articles of association according to the approved feasibility study report. Fourteenth contracts and articles of association of projects with a total investment of more than $11 million shall be submitted to the Ministry of Foreign Economic Relations and Trade for examination and approval after preliminary examination by the Provincial Economic and Trade Commission.

the contracts and articles of association of projects with a total investment of $5 million to $11 million shall be examined and approved by the provincial economic and trade commission, and the contracts and articles of association of projects with a total investment of less than $5 million shall be entrusted to local administrative offices, state and municipal people's governments and provincial departments, and the development community management committee for examination and approval. Provincial Economic and Trade Commission for the record. Article 15 For the examination and approval of Chinese-foreign equity joint ventures and cooperative ventures (hereinafter referred to as joint ventures), see Annex (II) for the documents to be submitted. Article 16 See Annex (3) for the documents to be submitted for examination and approval of foreign-capital enterprises. Seventeenth Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures submitted documents, by the Chinese party to the provincial economic and Trade Commission and the entrusting organ to declare. Eighteenth Provincial Economic and Trade Commission and the entrusting organ shall reply the contract and articles of association within 11 days after receiving all the documents. Entrusting authority for examination and approval of the project within 11 days to the Provincial Economic and Trade Commission for the record. Article 19 The documents of foreign investment projects examined and approved by the entrusting organ shall be reported to the Provincial Economic and Trade Commission for reference. If the Provincial Economic and Trade Commission does not raise any objection within 11 days after receiving the documents, it shall be deemed as approval. If problems are found, they have the right to correct them. Article 21 For the documents submitted by foreign-invested enterprises that lack necessary documents and problems in the documents, the Provincial Economic and Trade Commission and the entrusting organ will clearly supplement the documents in the form of the Notice of Receipt for Examination and Approval of Foreign-invested Enterprises, list the problems in the submitted documents item by item, and notify the project units or individuals to supplement them. The examination and approval period will be recalculated from the date of supplementing the documents.