Notice of the General Office of the People's Government of Xiamen Municipality on Adjusting the Administration Power of Foreign Investment

• Document Number：No. 215 [2016] of the General Office of the People's Government of Xiamen Municipality
• Area of Law： Foreign-funded Enterprises
• Level of Authority： Local Regulatory Documents
• Date issued：12-22-2016
• Effective Date：01-01-2017
• Status： Effective
• Issuing Authority： People's Government of Xiamen City

Notice of the General Office of the People's Government of Xiamen Municipality on Adjusting the Administration Power of Foreign Investment
(No. 215 [2016] of the General Office of the People's Government of Xiamen Municipality)
The people's governments of all districts; all municipal committees, offices and bureaus directly under the Municipal Government; and all management committees of development zones:
For purposes of further increasing the efforts of serving foreign investment, enhancing investment facilitation, creating a first-class business environment, and promoting the sound development of the use of foreign capital in Xiamen Municipality, with the consent of the municipal government, a decision has been made for adjusting the administration power of foreign investment in Xiamen in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Four Laws including the Law of the People's Republic of China on Wholly Foreign-Owned Enterprises, Announcement No. 22 [2016] of the National Development and Reform Commission and the Ministry of Commerce, the Interim Measures for the Recordation Administration of the Formation and Modification of Foreign-Funded Enterprises (Order No. 3 [2016], MOC) and other relevant provisions. You are hereby notified of the relevant issues as follows:
I. Administration power
1. The municipal competent commerce department
(1) It shall be responsible for the approval of the formation and modification of foreign-invested enterprises involving the special access management measures as prescribed by the state.
(2) It shall be responsible for the recordation of the formation and modification of foreign-invested enterprises not involving the special access management measures as prescribed by the state and with the total investment of over 30 million USD.
(3) It shall be responsible for the preliminary review and forwarding of the projects within the scope of the approval power of the MOC.
2. The competent commerce departments of all districts and development zones
They shall be responsible for the recordation of the formation and modification of foreign-invested enterprises that have the total investment of no more than 30 million USD (including 30 million USD) within their jurisdictions and that do not involve the special access management measures required to be implemented as prescribed by the state.
II. Supervision and administration
1. The competent commerce departments at all levels shall conduct supervisory inspection over the compliance of relevant laws and regulations by the foreign-invested enterprises and their investors.
2. The competent commerce departments at all levels may conduct supervisory inspection by random inspection, inspection according to tip-offs, inspection according to the suggestions of relevant departments or the judicial organs and the information reported, launching inspection ex officio, and other methods, and closely cooperate with the public security, state-owned assets, industrial and commercial, customs, taxation, foreign exchange, securities and other relevant administrations and strengthen information sharing. The circumstances that a foreign-invested enterprise or its investors have any violation of any law or regulation beyond the administrative responsibility scope of the department found during the process of supervisory inspection shall be notified to the relevant functional departments in a timely manner.
3. The competent commerce departments at all levels shall effectively perform their functions and effectively complete the work of foreign investment administration in strict accordance with the laws and regulations, and other relevant provisions. The municipal competent commerce department shall conduct inspection of, guidance to and personnel training for the foreign investment administration of all districts and development zones. The competent commerce departments of all districts and development zones shall strengthen the training of handling personnel.
This Notice shall enter into force on January 1, 2017. The Notice of the General Office of the People's Government of Xiamen Municipality on Issuing the Provisions of the Xiamen Municipality on the Approval Power of Foreign Investment Projects (No. 132 [2001], General Office of the People's Government of Xiamen Municipality), the Notice of the General Office of the People's Government of Xiamen Municipality on Forwarding the Opinions of the Foreign Investment Administration of Xiamen Municipality on Delegating Some Approval Matters for Foreign Investment Projects to Lower Levels (No. 222 [2009], General Office of the People's Government of Xiamen Municipality) and the Notice of the General Office of the People's Government of Xiamen Municipality on Forwarding the Opinions of the Investment Promotion Bureau of Xiamen Municipality on Delegating Some Approval Matters for Foreign Investment Projects to Lower Levels (No. 278 [2012], General Office of the People's Government of Xiamen Municipality) shall be repealed on the date when this Notice comes into force. For any discrepancies between the provisions previously issued by the Municipality and this document, this document shall prevail.
General Office of the People's Government of Xiamen Municipality
December 22, 2016