| 3. The requirement of approval work
a. The approving procedures will be completed by all the related departments which have dispatched working staff in the service building.
b. The Department of Foreign Trade and Economic Cooperation is in charge of the joint meeting system for joint approval and coordination at the provincial level.
c. The whole provincial approving process from the acceptance of application to the issuance of business license can be divided into 4 categories:
(a). For those projects fit in the direct registration criteria, they can be directly registered in accordance with the relevant requirement;
(b). For those projects which do not need overall coordination, they can be handled first at the window of the Department of Foreign Trade and Economic Cooperation, and then sent to other departments for joint approving;
( c ). For those projects needing overall coordination, the coordination has to be completed within 15 work days (including the convening of project coordinating meeting);
(d). For those projects of greater difficulty in coordination, the provincial government will be requested to come up for coordination. Then the approving work will be conducted according to the spirit of the coordination meeting.
4. Operation procedure
(1). The acceptance of application: The working staff from the Department of Foreign Trade and Economic Cooperation will reply questions related to the approving, and responsible for the receiving of the requested basic materials for project application processing.
(2). The project preliminary checking: On the second work day after receiving the basic application materials, according to the necessity, the Department of Foreign Trade and Economic Cooperation will initiate to convene the project preliminary checking meeting at the service building which will be attended by the departments related to the relevant approving work. In accordance with the principles and request of the meeting, the relevant departments will put forward their suggestions on whether to accept or not to accept the project application within one day time. The Department of Foreign Trade and Economic Cooperation will inform the enterprise on the decision of application acceptance and other related issues.
(3). The official acceptance: Following the decision of the preliminary meeting, the applied enterprises will hand in 5 copies of complete application materials to the working staff of the Department of Foreign Trade and Economic Cooperation in the service building, and receive the acceptance notice. This date is the date of acceptance. On the day of acceptance, DOFTEC will, according to the nature of the project, distribute the application materials to the representatives of the Planning Commission, the Economic and Trade Commission, the Industrial and Commercial Administration, and other relevant departments.
(4). The approving:
a. From the date the application was accepted, the Planning Commission, the Economic and Trade Commission, and other related line departments shall complete the checking and approving within their own fields of responsibility in 5 work days, and provide their reply document to the DOFTEC.
b. After receiving the above related reply document on the project, the DOFTEC will, within 5 work days, complete the checking and approving of the enterprises’ business contract and the articles of in-corporation, and provide the reply document. Meanwhile, the Industrial and Commercial Administration will complete the company name pre-approval within 2 work days.
c. After receiving the approval of DOFTEC on the business contract and the articles of in-corporation, the Provincial Bureau of Quality and Technical Supervision will complete the process within 1 day of providing the organization code. After receiving the Business License of Enterprise Legal Person from the Provincial Administration of Industry and Commerce, the Bureau will complete the issuance of the Organization Code Certificate within 2 work days.
d. After the completion of the above work, the DOFTEC will issue the Permit Certificate to the foreign investment enterprise in 1 work day.
e. After receiving the Permit Certificate and the reply document on the business contract and the articles of in-corporation, from the date of official acceptance, the Provincial Administration of Industry and Commerce will within 3 work days complete the process of business registration and the issuance of business license.
(5). The handling of different opinions:
During the approving process, if there are different opinions emerging, according to point no. (2) of article no. 4 of this Work Procedure, coordination will be conducted. Important differences will be reported to the provincial government for coordination. The decision of the coordination meeting by the provincial government will be the final decision. Departments unable to attend the meeting must handle the related formalities in accordance with the meeting decision.
5. The direct registration
For those foreign investment projects meeting the relevant criteria in the Foreign Investment Acts of Yunnan Province, in pursuance to the stipulations of the Enforcement Regulations of the Direct Registration of Some Foreign Investment Enterprises of Yunnan Province, the Administration of Industry and Commerce will, after the presentation of required documents by the project applicants, complete the whole process of business registration in 5 work days before the handling of other related approving formalities.
6. Supplement
This work procedure is effective from the date of its publication. The Yunnan Provincial Government is responsible for the explanation of this procedure.
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