Circular of the Ministry of Commerce on Better Carrying out the Follow-up Work for Cancelling the Examination and Approval for Confirmation of Encouraged Foreign-invested Enterprise Projects

Circular of the Ministry of Commerce on Better Carrying out the Follow-up Work for Cancelling the Examination and Approval for Confirmation of Encouraged Foreign-invested Enterprise Projects

Circular of the Ministry of Commerce on Better Carrying out the Follow-up Work for Cancelling the Examination and Approval for Confirmation of Encouraged Foreign-invested Enterprise Projects

Shang Zi Han [2015] No.160

April 13, 2015

Competent commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan and the Xinjiang Production and Construction Corps,

On July 22, 2014, the State Council issued the Decision of the State Council on Matters relating to Cancelling and Adjusting a Batch of Administrative Examination and Approval Items (Guo Fa [2014] No.27), in which the "examination and approval for confirmation of encouraged foreign-invested enterprise projects" was cancelled. In order to implement the requirements of the State Council on streamlining administration and delegating power to the lower levels, and continue to effectively implement tax policies for imported equipment as set out in the Circular of the State Council on Adjusting the Tax Policy for Imported Equipment (Guo Fa [1997] No.37), the relevant work is hereby notified as follows:

I. With regard to encouraged foreign-invested projects, competent commerce departments will no longer issue the Letter of Confirmation on Domestic or Foreign-invested Projects Encouraged by the State (hereinafter referred to as the "Letter of Confirmation"), and will no longer review the list of equipment imported duty-free by foreign-invested enterprises (hereinafter referred to as the "enterprises").
Starting from May 1, 2015, competent commerce departments shall, at the time of processing the establishment (capital increase) of enterprises according to the relevant provisions and within the limits of their authority, specify the information about encouraged foreign-invested projects (hereinafter referred to as the "information on encouraged foreign-invested projects") in the official reply to the establishment (capital increase) of the enterprises, if foreign investments fall under the encouraged industries in the Catalogue for the Guidance of Foreign Investment Industries or under the foreign investments in the Catalogues of Foreign-invested Advantage Industries in Central and Western China.
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