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    Notice on Optimizing the Handling of Foreign Investment Projects "Confirmation Letter of Domestic and Foreign Projects Encouraged by the State for Development"

    • Last Update: 2021-10-12
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    Notice of the National Development and Reform Commission on Optimizing the Handling of Foreign Investment Projects "Confirmation Letter for Domestic and Foreign Investment Projects Encouraged by the State for Development"

    Notice of the National Development and Reform Commission on Optimizing the Handling of Foreign Investment Projects "Confirmation Letter for Domestic and Foreign Investment Projects Encouraged by the State for Development"Notice of the National Development and Reform Commission on Optimizing the Handling of Foreign Investment Projects "Confirmation Letter for Domestic and Foreign Investment Projects Encouraged by the State for Development"

    Development and Reform Foreign Investment ( 2021 ) No.
    368

    Development and Reform Foreign Investment ( 2021 ) No.
    368

    The Development and Reform Commission of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps:

    The Development and Reform Commission of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps:

    In order to implement the Foreign Investment Law, deepen the reform of the foreign investment management system, improve the service level of foreign investment, and improve the convenience for foreign investment projects to handle the "Confirmation Letter of Domestic and Foreign Investment Projects Encouraged by the State" (hereinafter referred to as the Project Confirmation Letter), the relevant matters are hereby notified as follows:

    In order to implement the Foreign Investment Law, deepen the reform of the foreign investment management system, improve the service level of foreign investment, and improve the convenience for foreign investment projects to handle the "Confirmation Letter of Domestic and Foreign Investment Projects Encouraged by the State" (hereinafter referred to as the Project Confirmation Letter), the relevant matters are hereby notified as follows:

    1.
    The
    confirmation letter for encouraged foreign investment projects with a total investment of 30 million U.
    S.
    dollars or more and
    300 million U.
    S.
    dollars or less shall be delegated by the National Development and Reform Commission to the provincial level (provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps ) Development and reform departments.

    1.
    The
    confirmation letter for encouraged foreign investment projects with a total investment of 30 million U.
    S.
    dollars or more and
    300 million U.
    S.
    dollars or less shall be delegated by the National Development and Reform Commission to the provincial level (provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps ) Development and reform departments.

    2.
    The project unit directly submits the application for the project confirmation letter to the provincial development and reform department, and provides the project record or approval document, the description of the project's applicable encouraged industry policy items, the amount of foreign exchange, the implementation period, the list of imported equipment and other needs.
    Material or description.

    2.
    The project unit directly submits the application for the project confirmation letter to the provincial development and reform department, and provides the project record or approval document, the description of the project's applicable encouraged industry policy items, the amount of foreign exchange, the implementation period, the list of imported equipment and other needs.
    Material or description.

    3.
    Provincial-level development and reform departments are
    applicable to the encouraged industry policy items, total project investment and foreign exchange amount applicable to foreign investment projects that comply with the "Notice of the State Council on Adjusting Tax Policies for Imported Equipment" (Guo Fa [ 1997 ] No.
    37 ) and other regulations Wait for confirmation.
    Provincial development and reform departments can solicit opinions or carry out evaluations as needed.
    For projects that comply with the "Catalogue of Encouraged Foreign Investment Industries", follow a unified format (see Annex
    1 ) and within 7 working days after the materials are complete (not including soliciting opinions and evaluations) Time) Issue a project confirmation letter with a list of imported equipment with a seal.
    For non-conformities, the provincial development and reform department should inform the project unit and explain.

    3.
    Provincial-level development and reform departments are
    applicable to the encouraged industry policy items, total project investment and foreign exchange amount applicable to foreign investment projects that comply with the "Notice of the State Council on Adjusting Tax Policies for Imported Equipment" (Guo Fa [ 1997 ] No.
    37 ) and other regulations Wait for confirmation.
    Provincial development and reform departments can solicit opinions or carry out evaluations as needed.
    For projects that comply with the "Catalogue of Encouraged Foreign Investment Industries", follow a unified format (see Annex
    1 ) and within 7 working days after the materials are complete (not including soliciting opinions and evaluations) Time) Issue a project confirmation letter with a list of imported equipment with a seal.
    For non-conformities, the provincial development and reform department should inform the project unit and explain.

    4.
    The project unit shall, on the strength of the project confirmation issued by the development and reform department, the list of imported equipment and other relevant documents, go through the relevant procedures for tax reduction and exemption with the customs in accordance with regulations.

    4.
    The project unit shall, on the strength of the project confirmation issued by the development and reform department, the list of imported equipment and other relevant documents, go through the relevant procedures for tax reduction and exemption with the customs in accordance with regulations.

    5.
    For the confirmed project, if it is necessary to change the project unit, construction content, total project investment, amount of foreign exchange, implementation period, imported equipment list and other major items during the implementation process, the project unit shall submit an application and develop and reform at the provincial level.
    The department will issue a change document after review and approval, and send a copy to the customs directly under the project location.

    5.
    For the confirmed project, if it is necessary to change the project unit, construction content, total project investment, amount of foreign exchange, implementation period, imported equipment list and other major items during the implementation process, the project unit shall submit an application and develop and reform at the provincial level.
    The department will issue a change document after review and approval, and send a copy to the customs directly under the project location.

    6.
    The provincial development and reform department
    will confirm the detailed project information (including project confirmation document number, project code, unified project number, project industrial policy approval items, project unit, project nature within 3 working days after issuing confirmation opinions) , Project content, implementation period, total investment and amount of foreign exchange) shall be passed back to the National Development and Reform Commission.
    Before the end of
    2021 , it can be returned through the national investment project online approval and supervision platform (hereinafter referred to as the " online platform " ) or the vertical network, and it will be returned through the online platform from 2022 .

    6.
    The provincial development and reform department
    will confirm the detailed project information (including project confirmation document number, project code, unified project number, project industrial policy approval items, project unit, project nature within 3 working days after issuing confirmation opinions) , Project content, implementation period, total investment and amount of foreign exchange) shall be passed back to the National Development and Reform Commission.
    Before the end of
    2021 , it can be returned through the national investment project online approval and supervision platform (hereinafter referred to as the " online platform " ) or the vertical network, and it will be returned through the online platform from 2022 .

    7.
    Prior to this notice, the National Development and Reform Commission has issued a project confirmation
    for foreign-invested projects with a total investment of less than US$ 300 million, and if the subsequent batch of equipment import has not been completed, the project unit shall rely on the confirmation opinions and subsequent batches of imported equipment When the application for the list is submitted, the provincial development and reform department is responsible for confirming and issuing the list of subsequent batches of imported equipment.
    If such a project really needs to change the project unit, construction content, total project investment, amount of foreign exchange and other major matters, it shall be implemented in accordance with Article 5 of this notice.

    7.
    Prior to this notice, the National Development and Reform Commission has issued a project confirmation
    for foreign-invested projects with a total investment of less than US$ 300 million, and if the subsequent batch of equipment import has not been completed, the project unit shall rely on the confirmation opinions and subsequent batches of imported equipment When the application for the list is submitted, the provincial development and reform department is responsible for confirming and issuing the list of subsequent batches of imported equipment.
    If such a project really needs to change the project unit, construction content, total project investment, amount of foreign exchange and other major matters, it shall be implemented in accordance with Article 5 of this notice.

    8.
    The project unit shall ensure that the construction content of the project, the total project investment, the amount of foreign exchange used, the imported equipment and other information are true, accurate and complete.
    Violations of project units will be included in the national credit information sharing platform.

    8.
    The project unit shall ensure that the construction content of the project, the total project investment, the amount of foreign exchange used, the imported equipment and other information are true, accurate and complete.
    Violations of project units will be included in the national credit information sharing platform.

    9.
    Provincial-level development and reform departments should issue confirmations in strict accordance with policies and regulations, and improve the online platform as soon as possible, and rely on the online platform to realize the online declaration, processing, and progress of foreign investment project confirmations.
    At the same time, it is necessary to effectively strengthen supervision during and after the event.
    The authority of the project confirmation letter of the provincial development and reform department shall no longer be delegated.

    9.
    Provincial-level development and reform departments should issue confirmations in strict accordance with policies and regulations, and improve the online platform as soon as possible, and rely on the online platform to realize the online declaration, processing, and progress of foreign investment project confirmations.
    At the same time, it is necessary to effectively strengthen supervision during and after the event.
    The authority of the project confirmation letter of the provincial development and reform department shall no longer be delegated.

    10.
    Confirmation of the application of encouraged industrial policy items for foreign-invested projects is a highly policy-oriented work.
    All provincial-level development and reform departments should attach great importance to work well, strengthen the publicity of this notice, and ensure the stability and continuity of the policy.
    At the same time, it is necessary to strengthen coordination and cooperation.
    If there are disputes about the application of industrial items
    , it shall be handled in accordance with the "Notice of the General Administration of Customs and the National Development and Reform Commission on the Relevant Issues Concerning the Confirmation and Approval of Tax Exemption for Domestic and Foreign Investment Encouraged Projects" (Shui Fa [ 2009 ] No.
    290 ).
    Report to the National Development and Reform Commission in time for major problems encountered during implementation.

    10.
    Confirmation of the application of encouraged industrial policy items for foreign-invested projects is a highly policy-oriented work.
    All provincial-level development and reform departments should attach great importance to work well, strengthen the publicity of this notice, and ensure the stability and continuity of the policy.
    At the same time, it is necessary to strengthen coordination and cooperation.
    If there are disputes about the application of industrial items
    , it shall be handled in accordance with the "Notice of the General Administration of Customs and the National Development and Reform Commission on the Relevant Issues Concerning the Confirmation and Approval of Tax Exemption for Domestic and Foreign Investment Encouraged Projects" (Shui Fa [ 2009 ] No.
    290 ).
    Report to the National Development and Reform Commission in time for major problems encountered during implementation.

    11.
    Other matters related to the confirmation and handling of encouraged foreign investment projects shall continue to follow the "Notice of the National Development and Reform Commission on the Handling of Foreign Investment Projects
    < Confirmation Letter for Domestic and Foreign Investment Projects Encouraged by the State > " (Development and Reform Foreign Investment [ 2006 ] No.
    316 ) execution.
    The
    confirmation letter for encouraged foreign investment projects with a total investment of less than 30 million U.
    S.
    dollars shall be returned by the provincial development and reform department in accordance with the requirements of Article 6 of this notice, and there is no need to file with the National Development and Reform Commission.

    11.
    Other matters related to the confirmation and handling of encouraged foreign investment projects shall continue to follow the "Notice of the National Development and Reform Commission on the Handling of Foreign Investment Projects
    < Confirmation Letter for Domestic and Foreign Investment Projects Encouraged by the State > " (Development and Reform Foreign Investment [ 2006 ] No.
    316 ) execution.
    The
    confirmation letter for encouraged foreign investment projects with a total investment of less than 30 million U.
    S.
    dollars shall be returned by the provincial development and reform department in accordance with the requirements of Article 6 of this notice, and there is no need to file with the National Development and Reform Commission.

    12.
    This notice shall be implemented from the date of issuance.

    12.
    This notice shall be implemented from the date of issuance.

    annex:

    annex:

    1.
    Confirmation letter of domestic and foreign investment projects encouraged by the state (format)

    1.
    Confirmation letter of domestic and foreign investment projects encouraged by the state (format)

    2.
    List of imported equipment for the project (format)

    2.
    List of imported equipment for the project (format)

    National Development and Reform Commission

    National Development and Reform Commission

    Nian 2021 3 Yue 16 Ri

    Nian 2021 3 Yue 16 Ri



    attachment1

    attachment1

    Confirmation letter of domestic and foreign investment projects encouraged by the state

    Confirmation letter of domestic and foreign investment projects encouraged by the stateConfirmation letter of domestic and foreign investment projects encouraged by the state

    (Document number)

    (Document number)

    xxx (project unit):

    xxx (project unit):

    According to the provisions of the State Council’s National Development ( 1997 ) No.
    37 document, it is hereby confirmed that: Project xxx conforms to the national industrial policy.
    xxx year xxx month, filed / approved by xxx with file number xxx (project code xxx ).
    Please go through the relevant procedures for tax reduction or exemption for imported equipment in accordance with the regulations.

    According to the provisions of the State Council’s National Development ( 1997 ) No.
    37 document, it is hereby confirmed that: Project xxx conforms to the national industrial policy.
    xxx year xxx month, filed / approved by xxx with file number xxx (project code xxx ).
    Please go through the relevant procedures for tax reduction or exemption for imported equipment in accordance with the regulations.

    Unified project number:

    Unified project number:

    Project industrial policy approval items:

    Project industrial policy approval items:

    Project Unit:

    Project Unit:

    Project nature:

    Project nature:

    Project Description:

    Project Description:

    Project implementation period (starting year / ending year): xxx years /xxx years

    Project implementation period (starting year / ending year): xxx years /xxx years

    Total project investment: (fill in the actual currency and amount used, and fill in the equivalent of ten thousand U.
    S.
    dollars)
      

    Total project investment: (fill in the actual currency and amount used, and fill in the equivalent of ten thousand U.
    S.
    dollars)
      

    The amount of foreign exchange used for the project: ten thousand US dollars  

    The amount of foreign exchange used for the project: ten thousand US dollars  

    Attachment: xxx (project unit) xxx project imported equipment list

    Attachment: xxx (project unit) xxx project imported equipment list

    Project Confirmation Issuer (Signature)

    Project Confirmation Issuer (Signature)

    On May Day   

    On May Day   







    Annex 2

    Annex 2

    Project import equipment list

    Project import equipment listProject import equipment list

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