(1) Status of overseas investment.
(2) The evaluation of overseas enterprises by Chinese commercial organizations abroad.
(3) The compliance of investors and their overseas enterprises with China's overseas investment laws and regulations. Article 8 Annual inspection procedures
(1) MOFTEC and SAFE are responsible for compiling the annual inspection report and publishing it on the websites of MOFTEC and SAFE (see Annex I for a sample of the annual inspection report) for domestic investors to download.
(2) The investor shall download the annual inspection report within the specified time, and fill in the relevant contents of overseas enterprises as required, which must be true and effective.
(3) Investors should send the completed annual inspection report to the Foreign Trade and Economic Cooperation Department (commission, bureau) and the foreign exchange bureau (foreign exchange management department) before May 15. Chapter III Audit of Annual Inspection Article 9 The annual inspection department conducts annual inspection according to the grading standards determined in these Measures, and grades the annual inspection results according to the first, second and third grades. (See Annex II for relevant grading standards) Article 10 After grading is determined, the annual inspection department shall affix the special seal for annual inspection on the annual inspection certificate uniformly printed by the state and hand it over to the investor. (See Annex 3 for the sample of annual inspection certificate) Article 11 The annual inspection department shall submit the annual inspection report (copy) and annual inspection results to MOFTEC before June 6, 2005. The annual inspection report shall be submitted to MOFTEC and SAFE before June 30. Article 12 MOFTEC is responsible for reporting the annual inspection results to the departments of finance, foreign exchange, customs, taxation, foreign affairs, banking and insurance (hereinafter referred to as "relevant departments"). Article 13 The annual inspection shall be conducted regularly every year, and other forms of centralized inspection shall not be conducted for overseas investment. Article 14 No department may collect fees from investors in the name of annual inspection. Chapter IV Annual Inspection Results Article 15 The annual inspection results shall be valid for 1 year from the date when the special seal for annual inspection is affixed. Article 16 After an overseas enterprise participates in the annual inspection and obtains the annual inspection certificate, the investor shall issue the annual inspection certificate to the MOFTEC and relevant departments when going through the relevant procedures for its overseas investment. Article 17 If the annual inspection result is Grade I, priority can be given to the relevant preferential support policies of the state for overseas investment, and the relevant departments will give priority to handling formalities in foreign exchange, customs, taxation, personnel entry and exit, etc. Eighteenth annual inspection results for two, do not enjoy the relevant preferential policies. Article 19 If the annual inspection result is Grade III, investors shall not enjoy relevant preferential support policies, and shall be given a rectification period of 1 year. If the annual inspection results of the following year are still Grade III, investors shall not engage in new overseas investment activities within 65,438+0 years. Chapter V Penalties Article 20 MOFTEC and relevant departments will take the following measures for those who fail to declare for annual inspection:
(a) temporarily not accepting investors' applications for foreign exchange purchase, payment and external guarantee for overseas investment.
(two) do not accept the application of investors to set up new overseas enterprises.
(3) Not accepting applications sent by overseas personnel. Article 21 After the annual inspection, MOFTEC will conduct a sampling review of the annual inspection results together with relevant departments. If the annual inspection results are found to be inconsistent with the facts, MOFTEC will order the relevant units to make rectification within a time limit; Causing serious consequences, in accordance with the provisions of article twentieth of these measures. Chapter VI Supplementary Provisions Article 22 The annual inspection of mainland investment enterprises established in Hongkong, Macao and Taiwan Province Province shall be carried out with reference to these Measures. Twenty-third overseas processing and assembly enterprises with materials shall go through the annual inspection procedures of the Approval Certificate of Overseas Processing and Assembly Enterprises with Materials with the annual inspection certificate. Article 24 The MOFTEC shall be responsible for the interpretation of these Measures. Article 25 These Measures shall come into force as of June 1 day, 2003.
Annex I Annual Inspection Report
Statement I Basic Information (to be filled in by investors)
Name of domestic investor (official seal) Name number of overseas enterprise The approval certificate or approval document number of overseas enterprise in the host country. Foreign exchange registration for overseas investment The actual year of establishment of an overseas enterprise: mode of establishment of an overseas enterprise (please tick) □ sole proprietorship □ joint venture □ cooperation □ other types of overseas enterprises (please tick) □ trading enterprises □ resource development enterprises □ production enterprises.
Statement II Agreement Investment and Actual Investment (to be filled in by the investor)
Unit: ten thousand dollars
Agreement investment amount 1 agreement total investment 1. 1 China agreement total investment 1. 1 spot foreign exchange1.1. Total actual investment: 2. 1. Total actual investment: 2. 1. 1. Cash exchange: 2. 1. 1. Among them, it is purchased. Remittance 2. 1.2 in kind 2. 1.3 Other (specify specific form)
Statement III Overseas Enterprises (to be filled in by investors)
Unit: ten thousand dollars
Earning foreign exchange (driving total domestic exports) Return on net assets paid taxes = total profits/average growth rate of fixed assets in shareholders' equity = (total fixed assets this year-total fixed assets last year)/total fixed assets last year return on total assets = total profits/average profit rate of total assets sales = total profits/sales income/turnover rate of current assets = main business income/average utilization rate of current assets = total turnover rate of main business/ Average total asset-liability ratio = average total debt/average total asset current ratio = market share of current assets/net profit growth rate of current liability products = (net profit this year-net profit last year)/net profit growth rate last year = (sales income this year-sales income last year)/sales income last year, labor productivity = industrial added value/average number of employees, net asset growth rate = (net assets this year-net assets last year)/quantity and amount of net asset resources obtained last year.
Statement IV Assets, Liabilities and Liabilities of Overseas Enterprises
Statement of owners' equity (to be filled in by investors)
Unit: ten thousand dollars
Assets Long-term investment in current assets in the previous year includes: long-term equity investment in fixed assets and long-term equity investment in intangible assets. Deferred assets, other assets, total liabilities and current liabilities of the previous year. Total owner's equity of long-term liabilities this year, paid-in capital reserve and surplus reserve of last year. Total owner's equity of undistributed profits of other overseas enterprises provided by investors with guarantee balance in the previous year. Remit the profits of the balance of guarantees provided by the industry to investors back to China.
5 annual inspection result report (to be filled in by the annual inspection department)
year
check
get
minute
Overseas investment status, annual inspection level of overseas enterprises, foreign trade department
Evaluation (of central enterprises)
Annual inspection time
Foreign exchange department evaluation
Annual inspection department
symbol
(Seal)
symbol
(Seal)
Remarks on Total Annual Inspection Score of Foreign Business Institutions
Annex II Annual Inspection Scoring Standard
The annual inspection contents include: (1) overseas investment status. (2) Evaluation of overseas enterprises by overseas business organizations. (3) Comply with relevant domestic laws and regulations. The total score of the three items 100, 81-100 is the first grade; 6 1-80 is divided into two levels; The score below 60 is level 3. The specific scores are as follows:
1. Overseas investment-the full score is 50.
This item is obtained by the local foreign trade department and the central enterprise headquarters according to the comprehensive evaluation system for overseas investment (formulated separately by the Ministry of Foreign Trade and Economic Cooperation), and then multiplied by 50%.
Two. Comply with relevant regulations-out of 40 points.
(a) the evaluation of the local foreign trade department (central enterprise headquarters)-out of 20 points.
1. Whether it meets the national regulations on foreign investment-full mark 10.
2. Whether the relevant information of overseas enterprises is submitted to the local foreign trade department and the central enterprise headquarters on a regular basis-out of 5 points.
3. Meet the requirements of the local foreign trade department and the headquarters of the central enterprise-out of 5 points.
(2) Evaluation of the Ministry of Foreign Exchange-out of 20 points.
1. Whether the cash remittance and remittance of investment funds have been approved by the foreign exchange administration department-full score: 4 points.
2 equipment, raw materials and other physical investments have been registered and written off 4 points.
3. Whether the information on assets, liabilities and owners' equity of overseas enterprises is consistent with the financial statements-out of 4 points.
4. Whether the guarantee provided by the investor for overseas enterprises is approved -4 points.
5. Whether the overseas enterprise has gone through the filing procedures for repatriating profits to investors-4 points.
Three. Evaluation of foreign business organizations-full score 10.
1. Whether the overseas enterprise is established and operating normally-out of 4 points.
2. Whether the overseas enterprise is registered in the commercial office (room) and regularly reports the progress-full score: 4.
3. Other problems in the operation of overseas enterprises-out of 2 points.
Annex III Annual Inspection Certificate (Template)
Name of domestic investor, annual inspection grade (here stamped with special seal for annual inspection), name of overseas enterprise, signature (seal) of annual inspection department, signature (seal), and remarks on total investment during national annual inspection.
China investment