The term "overseas investment" as mentioned in these Measures refers to the investment behavior of investment units in People's Republic of China (PRC), foreign countries and Hongkong, Macao and Taiwan Province provinces, such as the establishment of wholly-owned enterprises, joint ventures and cooperative enterprises (collectively referred to as overseas enterprises) and the purchase of stocks. Article 3 The financial management of overseas investment shall follow the principle of "unified policy and hierarchical management". The Ministry of Finance shall formulate a unified financial management system for overseas investment, and the competent financial authorities at all levels shall be responsible for the management and supervision of the financial work of overseas investment at the corresponding level. Article 4 The competent financial authority shall perform the following financial management duties for overseas investment:
(1) Formulating the financial management system or implementation measures for overseas investment;
(two) to cooperate with the state-owned assets management department to inspect and supervise the safety, integrity, preservation and appreciation of the state-owned assets of overseas enterprises;
(3) Examining and approving the annual financial report on the overseas investment and operation of the invested entity;
(four) responsible for determining the distribution of overseas investment income, and collecting the investment income that should be turned over to the finance;
(five) to inspect and supervise the financial activities of overseas investment by investment units;
(six) to handle other matters authorized by the people's governments at all levels to manage overseas investment. Article 5 An investment entity shall perform the following duties in the financial management of overseas investment:
(1) Submit the property right registration form of overseas state-owned assets to the competent financial authority in accordance with regulations, and establish the financial relationship of overseas investment;
(2) Understand the relevant laws and regulations of the countries (or regions, the same below) where overseas enterprises are stationed, and implement the financial management system for overseas investment in China;
(three) according to the financial management system or implementation measures for overseas investment formulated by the competent financial authority, formulate specific financial management measures for overseas investment of this unit;
(four) according to the provisions of the examination and approval of major financial matters of wholly-owned or controlled (or actually controlled, the same below) overseas enterprises, and report the major financial problems of overseas enterprises to the competent financial authorities;
(5) Assessing the financial status and operating results of overseas enterprises and submitting annual financial reports to the competent financial authorities;
(six) timely turned over to the financial investment income. Article 6 When an investment entity goes through the formalities of property right registration of overseas state-owned assets with the state-owned assets management department, it shall submit the property right registration form of overseas state-owned assets approved by the state-owned assets management department to the competent financial department at the same level. The competent financial authority shall, after receiving the property right registration form of overseas state-owned assets submitted by the investment unit, uniformly compile it into the financial management file of overseas investment, and establish the financial management relationship of overseas investment accordingly.
The financial organ at the lower level shall submit a "Basic Information Form for Financial Management of Overseas Investment" to the financial organ at the higher level every six months, and the report format shall be formulated separately by the Ministry of Finance. Article 7 Investors may make overseas investments in cash, physical objects and intangible assets, and may also make overseas investments in the form of buying stocks with the approval of the state authorized organs.
State mandatory import and export commodities, foreign exchange receivable, domestic and overseas assets that should be recovered, and national special reserve materials shall not be used for overseas investment unless approved in accordance with relevant state regulations. Article 8 If an investment unit is approved by the authorized departments of the State Council and the State Council to make overseas investment and it is really necessary to register the property rights of state-owned assets in the name of an individual, it must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the central competent department, and the investment unit (the trustee) and the overseas property rights registrant (the trustee) shall sign the entrustment agreement for holding shares in the name of an individual or the entrustment agreement for owning the property rights of overseas state-owned assets in the name of an individual, which shall be notarized at the client's place. Otherwise, state-owned assets may not be registered in the name of individuals abroad.
Individuals who hold overseas state-owned shares shall notarize the entrustment agreement in China before registering property rights abroad; Individuals who own the property rights of state-owned real estate purchased overseas shall, within one month after completing the registration of property rights abroad, notarize the entrustment agreement in China. A copy of the notarized document shall be reported to the competent financial authority and the state-owned assets management department for the record. Article 9 The competent financial authority shall cooperate with the state-owned assets management department to formulate an evaluation system for the value-added index of the state-owned assets of overseas enterprises, and cooperate with the state-owned assets management department to regularly evaluate and supervise the state-owned assets of overseas enterprises.
Investment units must be clear about the legal representative of the state-owned assets of overseas enterprises and their responsibilities for the safety, integrity, preservation and appreciation of state-owned assets. Investment units need to take measures to strengthen the management and supervision of the assets of their overseas enterprises, and should report to the competent financial authorities the sale and transfer of state-owned assets of overseas enterprises and other important financial matters. Article 10 An investor shall establish necessary examination and approval systems for relocation, merger, division, termination, divestment, withdrawal of shares, capital change, purchase and construction of fixed assets, sale of long-term assets and application for real estate mortgage loans. Overseas enterprises; For approved foreign exchange, futures, securities, real estate and other risky businesses and long-term foreign investment, it is necessary to reasonably determine the operating limit, implement authorized operations, and establish an examination and approval system when necessary.