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| Permission for Foreign-invested Projects |
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◆Basic information
Competent authority for accepting applications: Sichuan Development and Reform Commission
Charge: no charge is payable
Approval type: administrative permission
◆Required documents
1. Approval documents issued by the local municipal (or prefectural) development and reform commissions (may be waived for enterprises under provincial administration, groups under separate planning and enterprises under the administration of the central government, which may submit other documents directly);
2. Application reports in 5 copies, accompanied by their soft copies. Details shall include:
a) project name, form of investment, term of operation, and the basic information of the investors;
b) construction size, major items to be constructed and products, major technologies and techniques to be adopted, target market of the products, and the number of employees to be recruited;
c) location of the projects, demand for land, water, energy and other resources, and quantity of major raw materials to be consumed;
d) evaluation of environmental impact;
e) assessment on energy conservation;
f) price prediction in relation to major public goods and services;
g) total investment, registered capital, capital contribution of all parties, means of capital contribution, financing plans, and equipment that need to be imported and the costs; and
h) in the case of projects that shall arrange public bidding in accordance with relevant provisions, the particulars of the bidding (scope of the bidding, form of the bidding and organization and arrangements of the bidding) shall also be furnished.
3. Attachments to the application reports, which shall include:
a) all Chinese and foreign investors’ enterprise registration certificates (or business licenses), business registration certificates, audited latest financial statements (balance sheets, statement of profit and loss and statement of cash flow), and letter of creditworthiness issued by the opening bank;
b) letter of intent on the investment, and in the case of projects of capital increase and merger and acquisition, board resolutions;
c) letter of intent on financing issued by banks;
d) opinions on the evaluation of environmental impact issued by competent authorities of environmental protection;
e) in the case of projects complying with provisions in relation to energy conservation, opinions on the assessment of energy conservation issued by competent authorities of energy conservation;
f) opinions on the locating of the projects issued by competent authorities of urban planning;
g) opinions on preliminary examination of land use issued by competent authorities of state land and resource;
h) in the case of capital contribution in the form of state-owned assets or land use rights, confirmation documents issued by relevant competent authorities; and
i) other documents as required under relevant laws and regulations (projects involving forestry, communications and water conservancy, for example, shall obtain relevant documents from competent authorities).
4. Organizational codes.
◆Place to file the application
Address: Administrative Services Center of the People’s Government of Sichuan Province, No.2 Caoshi Street, Chengdu
Contact: Window for Sichuan Development and Reform Commission (028) 86942462 86913671
Complaint Tel: (028) 86936197 86705790
◆Conditions for approval
1. foreign-invested projects of infrastructure construction;
2. projects in the encouraged category and permitted category with a total investment ranging from US$ 30 million (including US$ 30 million) to US$ 100 million and projects in the restricted category with a total investment of less than US$ 50 million, subject to the items set forth in the Catalogue for the Guidance of Foreign Investment Industries (Revised 2007) and in the Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (Revised 2004);
3. the projects shall be in compliance with the requirements of medium-and-long-term plan for national economic and social development, industry-specific planning and policies for the adjustment of industrial structure;
4. the projects shall be in compliance with the requirements of land use planning, overall urban planning and laws and regulations in relation to environmental protection; and
5. the projects shall be in compliance with state provisions on the administration of capital accounts and foreign debt.
◆Legal basis
1. Decision of the State Council Concerning the Reform of the Investment System (GuoFa (2004) No.20) and its attachment the Catalog of Investment Projects Approved by the Central Government (2004 version);
2. Provisions on Guiding the Orientation of Foreign Investment (Order of the State Council (2002) No.346);
3. Catalogue for the Guidance of Foreign Investment Industries (Revised 2007) (Order (2007) No.57 of NDRC and the Ministry of Commerce);
4. Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (Revised 2004) (Order (2004) No.13 of NDRC and the Ministry of Commerce);
5. Interim Measures for the Administration of Examination and Approval of Foreign-invested Projects (Order of NDRC (2004) No.22);
6. Interim Measures of Sichuan Province for the Examination and Approval of Foreign-invested Projects (ChuanBanFa (2005) No.17) issued by the General Office of the People’s Government of Sichuan Province; and
7. Law of the People’s Republic of China on Energy Conservation (Order of the President of the PRC (2007) No.77).
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