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The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission, the Ministry of Finance, the General
Administration of Customs, the State Administration of Taxation, the State Administration for Industry and Commerce, the State Administration
of Foreign Exchange
Circular of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC), the State Economic and Trade Commission (SETC), the Ministry
of Finance (MOF), the General Administration of Customs (GAC), the State Administration of Taxation (SAT), the State Administration
for Industry and Commerce (SAIC), and the State Administration of Foreign Exchange (SAFE) on Issues Related to 2002 Annual Joint
Inspection over Enterprises with Foreign Investment
WaiJingMaoZiFa [2001] No.700
December 25, 2001
MOFTEC, SETC, MOF, SAT, SAIC, and SAFE branches in all provinces, autonomous regions, municipalities directly under the Central Government
and municipalities separately listed on the State plan, branch of GAC in Guangdong province, and all customs directly under GAC:
In order to further improve the annual joint inspection over enterprises with foreign investment, a circular on relevant issues is
hereby given as follows:
1.
2002 annual joint inspection shall be made seriously in accordance with Circular on Carrying out Annual Joint Inspection over Enterprises
with Foreign Investment (WaiJingMaoZiFa [1998] No.938, hereinafter referred to as Circular) approved by the State Council and under
the leadership of local governments. Effective measures shall be taken to enhance the proportion of inspected enterprises with foreign
investment.
2.
The joint inspection period is from March 1 through May 31, 2002. Departments in all localities related to the annual joint inspection
shall further intensify their efforts in propaganda, mobilization and preparation, strengthen the guidance to and supervision and
implementation of the work of annual joint inspection of grass-roots units, keep informed of the rate of advance, coordinate and
resolve relevant problems to ensure the smooth progress of the annual joint inspection in their localities.
3.
The MOFTEC will centrally renew the approval certificates of enterprises with foreign investment in 2002. Enterprises with foreign
investment are required to present the new certificates when taking the joint inspection.
4.
In accordance with the Circular, only the SAIC and its branches can charge the inspected enterprises with foreign investment at the
original rate. Other departments participating in the annual joint inspection shall not charge the inspected enterprises with foreign
investment. “Arbitrary charges, arbitrary inspections”, including taking the opportunity of joint inspection to charge the inspected
brazenly or in disguised form, exercising extra annual inspection over enterprises with foreign investment without the approval of
the State Council, shall be resolutely stopped.
5.
Departments in all localities related to the annual joint inspection shall cooperate closely to check up and nullify or revoke “three-no
enterprises with foreign investment”(enterprises with no capital, no plant and no administrative structure), punish in accordance
with relevant laws and regulations enterprises with foreign investment failing in taking the inspection, while departments participating
in the annual joint inspection shall punish in accordance with relevant laws and regulations enterprises with foreign investment
reporting false information, or violating laws and regulations in their operation.
6.
Joint work in one office is encouraged if conditions permit. By this way, it will be easier for different departments to exchange
views, fulfill obligations stipulated by the Circular, and improve the joint inspection. Meanwhile, impetus shall, in the light of
local circumstances, be given to the online reporting of enterprises with foreign investment and network inspection by departments
participating in the annual joint inspection at the provincial level. Means of inputting data shall be improved to enhance the effectiveness
and accuracy.
7.
Training of concerned staff members shall be strengthened to enhance their awareness of service and professional quality so as to
provide more open, transparent, and normalized service to the inspected. Consulting and appealing institutions set up for the annual
joint inspection are required to provide convenience to the enterprises with foreign investment and to enhance the effectiveness
and normality of the annual joint inspection.
8.
All departments participating in the annual joint inspection shall strengthen the supervision and administration over the intermediary
institutions and enterprises with foreign investment to ensure the accuracy of the inspection reports. All localities and departments
concerned shall improve their statistics and analysis of the data gathered in the annual inspection, make use of such data and source
of information to deepen their analysis of the operation and common problems of the inspected.
This is hereby notified.
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